Member Benefit

Bankruptcy News Briefs 7/30

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What’s Happening in the World of Bankruptcy?

State Regulator Seeks to Collect Unpaid CashCall Judgment

Robocall Rules Questioned at House Hearing

ACA-Backed Legislation to End Operation Choke Point Clears House Committee

Economic Confidence Tracked by Gallup Continues to Decline

Annual Health Spending Growth Surpasses Levels During Recession

POC Violates Discharge Injunction

Credit Bidding: Not An Absolute Right (And What Does That Mean?)

Bankruptcy: A Fresh Start, But at What Cost?

10 Years Later: What Have We Learned from BAPCPA?

House Democrats Spar Over CFPB’s Auto-Lending Rules

We Just Got Some New Data on America’s Student Loan Burden

Events

NACBA Webinars Web Banner (1)Free Webinar for all NACBA Members!

Register for the Effective (And Ethical) Online Marketing  For Law Firms on Wednesday, August 26, 2015  at 2:00 PM EST/11:00 AM PST. Join Fred J. Cohen, JD, is the founder and CEO of Amicus Creative Media as he discusses how to establish a comprehensive online presence that will increase your exposure.

NACBA’s 24th Annual Convention!

Save the Date for the 24th Annual NACBA Convention in San Francisco, May 19-22, 2016!

NACBA Benefits

Looking to spruce up your wardrobe? Brooks Brothers and Macy’s can meet your shopping needs and because you are a NACBA Member you can shop smartly when you enroll in the Brooks Brothers Corporate Membership Card that will save you 15% on regular priced merchandise. In addition Macy’s will offer NACBA members their Business Smart Pass, which is free of charge and will save you 15% twice a year.

NACBA’s Consumer Bankruptcy Journal

Read NACBA Member Nancy E. Clark’s insightful and informative article on, “The Necessity of Filing Proofs of Claim For Secured Creditors in Chapter 13,” in this Summer’s Edition of The Consumer Bankruptcy Journal.

NACBA Membership

Stay connected and up to date on the relevant topics through your NACBA Membership. Renew Today!

Join NACBA and take advantage of the networking, education and resources NACBA offers!

Bankruptcy News Briefs 7/27

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Court Unexpectedly Revives Constitutional Challenge to CFPB

Bill Could Revive IRS Use of Private Collection Agencies

Contributions to Retirement Plan Excluded from CMI

HOA Super Priority Legal Battles Continue in the Silver State: What Senate Bill 306 Means for Nevada HOAs, Lenders and Homeowners

Taxpayers may owe billions in student loans

Bankruptcy Court Wants to Discharge Spousal Consolidation Student Loans. Educational Credit Management Corporation Says, “Not So Fast.”

Wes Moss: Average American holds more debt than Greece

Phillip Shrotman: Parents’ student loan trap

Sen. Ted Cruz introduces bill to abolish CFPB

 

Upcoming Events

NACBA Webinars Web Banner (1)     Free Webinar to All NACBA Members!

Register for the Effective (And Ethical) Online Marketing  For Law Firms on Wednesday, August 26, 2015  at 2:00 PM EST/11:00 AM PST. Join Fred J. Cohen, JD, is the founder and CEO of Amicus Creative Media as he discusses how to establish a comprehensive online presence that will increase your exposure.

The Presentation Will Cover:

– Establishing your branding and striking imagery to powerfully resonate with prospects, clients and colleagues
– Overview of how search engines can increase your online exposure, keywords to consider and tips on enhancing search performance.
– Turning your website into a potent resource How to use legal content to convey credibility
– Overview of blogging, its benefits and best practices
– Utilizing effective top of mind marketing tools to supercharge referrals
– Criteria for selecting a provider

NACBA’s 24th Annual Convention!

Save the Date for the 24th Annual NACBA Convention in San Francisco, May 19-22, 2016!

NACBA Benefits

USI Affinity is the NACBA’s exclusive member benefit insurance administrator of group insurance programs for qualified NACBA members. Check out USI Affinity  for competitively priced medical insurance programs, professional liability, RxCut® Prescription Discount Card, Auto and Homeowners insurance, travel insurance, pet insurance and more.

NACBA’s Consumer Bankruptcy Journal

Read what NACBA Member David Leibowitz says about protecting your client against aggressive debt collectors in “Building a Better Automatic Stay Violation Claim,” featured in this edition of the The Consumer Bankruptcy Journal.

NACBA Membership

Don’t Allow Your NACBA Membership to Lapse, Renew Today!

Take Advantage of All NACBA Offers, Join Today!

Bankruptcy News Briefs 7/22

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Consumer Advocates Applaud DOD Move to Protect Troops from Predatory Lending,

Funds from Consent Order Not Estate Property

Dodd-Frank Anniversary Celebrated with More Fighting

Consumer Credit Default Rates Increase

Regulators Fine Citigroup $770M Over Credit Card Add-On Products

LifeLock Allegedly Violated FTC Settlement

CFPB Issues Consent Order and Penalty Against CitiBank for Credit Card Practices

U.S. Rep. Jeb Hensarling Speaks Out Against Dodd-Frank Act

Department Stores National Bank To Pay $23.8M For Charging Fees on Collection Accounts

Taxpayers Could Lose Billions If Students Walk Away From Loans

Medicare Jurisdictional Bar Limits Bankruptcy Court Authority in Health Care Bankruptcy

Reversing the Trend: Will Congress Act to Except College Tuition Payments from Clawback in Bankruptcy? – Congress Weighs Legislation that May Preclude Suit by Bankruptcy Trustees Against Colleges and Universities to Recover a Bankrupt Parent’s Tuition Payments for a Student

Upcoming Events

Register for the Effective (And Ethical) Online Marketing  For Law Firms on Wednesday, August 26, 2015  at 2:00 PM EST/11:00 AM PST. Join Fred J. Cohen, JD, is the founder and CEO of Amicus Creative Media as he discusses how to establish a comprehensive online presence that will increase your exposure, enhance your credibility and foster referrals while following the Rules of Professional Conduct. Free to All NACBA Members!

Save the Date for the 24th Annual NACBA Convention in San Francisco, May 19-22, 2016!

NACBA Benefits

Did you read the latest edition of the Consumer Bankruptcy Journal?

NACBA Member Jay Fleischman gives an insightful look into “Non Bankruptcy Options for Student Loan Debtors,” in the summer edition of the Consumer Bankruptcy Journal.

Spend a summer evening under the stars watching the Yankees! NACBA Members receive special rates to attend Yankee home games as one of their member benefits. Check out the different levels of discounts and the games available!

NACBA Membership

Stay connected and up to date on the relevant topics through your NACBA Membership. Renew Today!

Join NACBA and take advantage of the networking, education and resources NACBA offers!

Bankruptcy News Briefs 7/21

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Predatory Lending Lawsuits Dismissed

Regulator Launches Monthly Complaint Report

Fixing errors on Ohioans’ credit reports

An Emerging Trend: Bankruptcy Trustees Seeking to Claw Back Tuition Payments Made by Unsuspecting Parents

California Supreme Court Grants Review of Homeowner’s Wrongful Foreclosure Claims

Reform the CFPB to Better Protect Consumers

Five Years Ago Congress Tried to Fix Wall Street. How is That Going?

Credit Reporting Companies Top CFPB List of Consumer Complaints

Upcoming Events

Register for Today’s Webinar!

There is still time to Register for today’s Webinar, “Security Clearances & Bankruptcy,” at 3 PM ET/ 12 PST. If you represent federal employees, government contractors, or members of the military has most likely been asked what impact bankruptcy will have on a debtor’s security clearance you don’t want to miss hearing what Michael Jones Esq., Judge Advocate, U.S. Army, Ron Sykstus Esq., and Tara Twomey Esq. have to say about different types of security clearances, the impact of bankruptcy, and how the client might mitigate potential effects.

Register for the Effective (And Ethical) Online Marketing  For Law Firms on Wednesday, August 26, 2015  at 2:00 PM EST/11:00 AM PST. Join Fred J. Cohen, JD, is the founder and CEO of Amicus Creative Media as he discusses how to establish a comprehensive online presence that will increase your exposure, enhance your credibility and foster referrals while following the Rules of Professional Conduct. Free to All NACBA Members!

Save the Date for the 24th Annual NACBA Convention in San Francisco, May 19-22, 2016!

NACBA Benefits

Check Out The Latest Edition of the Consumer Bankruptcy Journal

Read NACBA Member’s Nancy Clark’s latest article in the Consumer Bankruptcy Journal, “The Necessity of Filing Proofs of Claim For Secured Creditors in Chapter 13 .”

As a NACBA member you can receive discounted mailing services! NACBA and www.certificateofservice.com have teamed up to offer every user of the NACBA/COS mailing system the benefit of reduced pricing on per page copy costs, reduced postage, as well as the same reliability and timeliness of the www.certificateofservice.com mailing system.

NACBA Membership

Keep your NACBA Membership current Renew Today!

Join NACBA and take advantage of the networking, education and resources NACBA offers!

 

 

New NACBA State Chair Announced For Iowa

Des Moines Attorney Nancy L. Thompson Tackles New Role Leading Education Program for National Association of Consumer Bankruptcy Attorneys.

The National Association of Consumer Bankruptcy Attorneys (NACBA) today announced that Des Moines bankruptcy attorney Nancy L. Thompson of The Nancy L. Thompson Law Office PC in Des Moines, IA will serve as its new state chair representing Iowa.

As NACBA’s state chair in Iowa, Thompson will serve as the official liaison between the group’s leadership in Washington, D.C. and its member attorneys, bankruptcy judges and other court officials in the state, as well as serving as a primary contact for local media regarding consumer bankruptcy issues.

Serving approximately 3,500 members in all 50 states and Puerto Rico, NACBA is the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy.

Nancy L. Thompson said:  “NACBA is well respected for its involvement in the development of consumer bankruptcy law, both through litigation and legislation.  It is a great honor to be able to work more closely with the organization’s leadership on future initiatives.”

NACBA Executive Director Dan LaBert said: “Our leadership team is dedicated to continuing our mission in Iowa to help to protect the rights of families in financial distress at a grassroots level. Our national membership is supported by a strong network of state chairs appointees.  Nancy is a longstanding NACBA member and will make an excellent state chair in Iowa.  We look forward to working closely with her to represent bankruptcy attorneys and their important policy objectives across a wide range of issues.”

Thompson practices bankruptcy and consumer law in Des Moines, Iowa. From 2006 to 2008, she was Chair of the Iowa State Bar Association Commercial and Bankruptcy Section and in 2007 was named Outstanding Section Chair for Legislative Advocacy for her successful effort to update and improve Iowa’s personal property exemptions. Thompson is a member of the Iowa State Bar Association Commercial and Bankruptcy Section, the National Association of Consumer Bankruptcy Attorneys (NACBA) and the National Association of Consumer Advocates (NACA). In 2015, she received the Distinguished Service Award for her contributions to NACBA and has been a frequent presenter at legal and public seminars on bankruptcy, foreclosure and consumer credit. In addition to Thompson’s private practice in Des Moines, she is a part time staff attorney with Iowa Legal Aid.

New NACBA State Chair Announced For Georgia

Atlanta Attorney Alex Dolhancyk Tackles New Role Leading Education Program for National Association of Consumer Bankruptcy Attorneys

The National Association of Consumer Bankruptcy Attorneys (NACBA) announced that Atlanta bankruptcy attorney Alex Dolhancyk of The Dolhancyk Law Firm in Jonesboro, GA will serve as its new state chair representing Georgia.

As NACBA’s state chair in Georgia, Dolhancyk will serve as the official liaison between the group’s leadership in Washington, D.C. and its member attorneys, bankruptcy judges and other court officials in the state, as well as serving as a primary contact for local media regarding consumer bankruptcy issues.

Serving approximately 3,500 members in all 50 states and Puerto Rico, NACBA is the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy.

Alex Dolhancyk said: “NACBA’s efforts in advocating debtor’s rights at the national level is unequaled.  I am honored to work with NACBA’s leadership and Georgia attorneys in continuing that effort.”

NACBA Executive Director Dan LaBert said: “Our leadership team is dedicated to continuing our mission in Georgia to help to protect the rights of families in financial distress at a grassroots level. Our national membership is supported by a strong network of state chairs appointees.  Alex is a longstanding NACBA member and will make an excellent state chair in Georgia.  We look forward to working closely with him to represent bankruptcy attorneys and their important policy objectives across a wide range of issues.”

Dolhancyk has represented consumer debtors in bankruptcy cases for over 27 years. He is licensed to practice in Georgia, Tennessee and New York, and has numerous reported cases in the Northern District of Georgia bankruptcy.  Dolhancyk is board certified in consumer bankruptcy law, and is an active member of the Bankruptcy Law section of the Georgia Bar Association and in the Metro Atlanta Consumer Bankruptcy Attorney Group. He holds an LLM in Business Law from Emory University.

NCBRC Succeeds in Limiting Caulkett Bad News to Chapter 7

The Supreme Court’s Caulkett decision, reversing the 11th Circuit’s ruling that chapter 7 debtors could strip off totally underwater mortgages, was disappointing, if not totally unexpected.  As amicus, NCBRC had considered the risk that an unfavorable, overly broad opinion in this case could negatively impact lien-stripping in chapter 13 and, in addition to arguing for affirmance, specifically sought to limit any holding to chapter 7 cases and to preserve the right to strip liens in chapter 13. This effort was successful. In fact, Justice Thomas’s remarks reinforce the continued validity of the widely accepted interpretation of Nobelman in chapter 13. This case should have no effect at all on lien-stripping in chapter 13.

Caulkett simply reaffirms the holding in Dewsnup which applies only in chapter 7 cases. The opinion made this clear in several ways. First, the court distinguished Nobelman, stating that Nobelman “addressed the interaction between the meaning of the term “secured claim” in § 506(a) and an entirely separate provision, §1322(b)(2).” (emphasis supplied) Second, while stating that it is may be inadvisable to adopt a line-drawing test where a difference of $1 could have an arbitrary impact, the court nonetheless found that such tests are appropriate where Congress has drawn the line, as the court had found it had done in Nobelman. Third, the conclusion of the opinion states “a debtor in a Chapter 7 bankruptcy proceeding may not void a junior mortgage lien under §506(d) when the debt owed on a senior mortgage lien exceeds the current value of the collateral.”

The NCBRC amicus brief was the only one to focus on limiting any decision to chapter 7.  This is another example of the importance of NCBRC’s work, which can only continue with your support. Please donate at www.ncbrc.org

Bankruptcy News Briefs 5/21

Ohio AG Sues Collection Operation

Steady Course for Credit Card Debt, Delinquency Rate

31 States Join National Consumer Assistance Plan Launched by Equifax, TransUnion and Experian

Republican Lawmaker Blasts U.S. Trustee Program Over Donation

House Subcommittee Approves Seven Bills on FCC Transparency

Courts Halt Three Debt Collection Operations

Defendants Reach $1.7M Settlement in Robocall Credit Card Scheme

Renew Your NACBA Membership and Stay Current

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