Membership

Bankruptcy News Briefs 11/1

New Month…New Headlines…

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California Enacts Student Loan Servicer Licensing Requirement

FCC’s Industry-Led “Robocall Strike Force” Holds Second Meeting to Highlight Progress

CFPB Debt Collection Meeting Long on Nightmare Anecdotes, Short on Data, Detail

Student Loans Show Surge in CFPB October Complaints Report

HAMP Deadline Is Fast Approaching

CFPB: Student loan companies are illegally denying borrowers right to make lower payments

CFPB says 4 dozen mortgage companies may be violating disclosure requirements

1 wrong move can bring ‘zombie’ debt back from the grave

Client Alert: Federal Appeals Court Rules That Bankrupt Debtors’ Choice to “Surrender” Real Property Waives Their Right to Contest Foreclosure

Bankruptcy is Romantic: Maine Bankruptcy Court Holds That a Debtor’s Interest in Her Engagement Ring is Exempt

Consumer Bankruptcy Journal Highlight

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Have you heard about the new tools NACBA offers our members? Executive Director, Dan LaBert’s article, “What is Network NACBA?” in today’s CBJ Highlight will highlight our exciting new platform with Higher Logic that allows you to build community, collaborate with peers, and so much more!

Upcoming NACBA Events

6 Key Numbers Every Bankruptcy Attorney Must Know

Date: November 17, 2016
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 minutes)
Presenter: Stephen Fairley, CEO of The Rainmaker Institute
Cost: No Cost to NACBA Members – Member Benefit

Register HERE

Save the Date for NACBA’s Silver Anniversary Annual Convention

Celebrate 25 Years of NACBA!

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 10/28

Let’s Jump Into the Weekend With These Headlines…

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NetSpend Plans Evasions of CFPB Prepaid Rules to Preserve $80 Million in Overdraft Fees

CFPB Issues New Guidance on Supervision of Service Providers

FCC’s Robocall Strike Force Hasn’t Impressed Chairman Wheeler Yet

CFPB puts 44 mortgage lenders and brokers on notice over HMDA requirements

TCPA Case Law Review for October 2016

SDNY Bankruptcy Court Publishes Proposed Amendments to Local Rules

CFPB Mortgage Servicing Rules Published

New federal rules could make it easier to have student loans forgiven

Understanding the Statute of Limitations on Student Loans

AG Cooper Announces Student Loan Debt Forgiveness Program for 10K NC Students

Ninth Circuit Holds Non-Judicial Foreclosure of Deed of Trust Is Not Debt Collection under the FDCPA

Consumer Bankruptcy Journal Highlight

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Greg Ray Fraley give us insight into, “The Top 12 Malpractice Mistakes Made by Bankruptcy Attorneys,” in today’s CBJ Highlight

Upcoming NACBA Events

6 Key Numbers Every Bankruptcy Attorney Must Know

Register HERE

Save the Date for NACBA’s Silver Anniversary Annual Convention

Celebrate 25 Years of NACBA!

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 10/24

Let’s Kick Off the Week With These Headlines…

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Monthly Consumer Litigation Cases Fluctuate From August to September

Bank Card Default Rate Drops to Seven Month Low

Supreme Court Takes On Chapter 13 Bankruptcy Mess Created by FDCPA

CFPB Mortgage Servicing Rule Amendments Published in Federal Register

Americans’ Credit Card Debt at Every Age

FICO Research Shows Mortgage Delinquencies Rise for Older Americans

Consumer Bankruptcy Journal Highlight

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Read today’s CBJ Highlight by Christina Kieta,”A Franchise Considering Bankruptcy.”

Upcoming NACBA Events

6 Key Numbers Every Bankruptcy Attorney Must Know

Register HERE

Save the Date for NACBA’s Silver Anniversary Annual Convention

Celebrate 25 Years of NACBA!

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Member Benefit Highlight! NACBA’s Consumer Bankruptcy Journal

cbj-fall-2016 Hot Off the Press! The Fall Edition of the CBJ!

The Consumer Bankruptcy Journal is the official publication of the National Association of Consumer Bankruptcy Attorneys. Our quarterly publication showcases consumer bankruptcy related material, Supreme Court updates, profiles of NACBA members and programs, previews of NACBA events, as well as, commentary on topics of interest to bankruptcy attorneys.

Take a moment this weekend to kick back and read our latest Fall Edition of the Consumer Bankruptcy Journal. Here is a glimpse of what you’ll find:

The President’s Report
Washington Update
The Addicted Lawyer: Silence is Deadly
NACBA and NCLC Seek Rejection of Brunner Test
Court Rejects McCoy and Sticks with Beard
More About Federal and State Tax Discharge
Clawback Periods May Extend to Six or Ten Years
The Importance of Due Diligence
Loan Modification, the 100K Mistake
NACBA and NCLC Enter Fair Credit Reporting Area
Countdown of Top 10 Malpractice Mistakes
A Franchise Considering Bankruptcy
When Tax Resolution is Better than Bankruptcy

Open up the Consumer Bankruptcy Journal today and dive in! Have an idea or article you’d like to write contact us and visit NACBA.org for more information on deadlines and production schedules.

Bankruptcy News Briefs 10/13

Midweek News

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Cert. Granted in FDCPA Case

The Supreme Court Will Hear Arguments on Debt Collection Practices

U.S. Consumer Debt Stings as Delinquency Chances Increase: Chart

Your Time is Gonna Come: Households’ Leverage Down, Government Leverage Up

Consumers’ Outlook on Credit Availability Improves

Court Holds Company Licensed as Debt Collector is Not a Debt Collector Under FDCPA if Servicing Debt Not in Default

How the PHH Decision Could Limit CFPB’s Enforcement Powers in Two Critical Ways

Chapter 20 Fails on Bad Faith

Hot Off the Presses

Upcoming NACBA Events

6 Key Numbers Every Bankruptcy Attorney Must Know

Register HERE

Save the Date for NACBA’s Silver Anniversary Annual Convention

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 10/11

NACBA Finds Headlines That Matter To You!

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Consumers Report Mortgages and Student Loans are Top Forms of Debt

Consumer Borrowing Grows at Record Pace in August

ACA Submits Comments Opposing the CFPB’s Payday Lending Proposed Rule

CFPB Releases Revised Military Lending Act Exam Procedures

Surrender Ends State Foreclosure Fight

In Long Awaited Decision, DC Court of Appeals Rules CFPB Structure is Unconstitutional

ND Calif. Holds Numerous Unwanted Calls Required for TCPA Standing

Appeals Panel Deals Setback to Consumer-Watchdog Agency

CFPB Director’s Power Trimmed by U.S. Appeals Court Ruling

How Much Debt Do Americans Really Have

U.S. Navy Federal Credit Union to pay $28.5 million over debt collection issues

The Biggest Source of Debt for Americans in Every State

Upcoming NACBA Events

6 Key Numbers Every Bankruptcy Attorney Must Know

Register HERE

Save the Date for NACBA’s Silver Anniversary Annual Convention

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 9/30

News Leading Into the Weekend…

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CFPB Complaint Snapshot Shows Little Change in 2015/16 Average Debt Collection Complaints

U.S. District Court Rules Letter with Internal Reference Number Does Not Violate FDCPA

Cert. Petitions Filed in FDCPA Cases

Advocates Disappointed Private Debt Collectors Will Begin Collecting Federal Tax Debts

CFPB Finds Consumers Save When Incentivized

Warren joins complaints against debt collection practices

Couple accuses debt collection agency of violating phone laws

Massachusetts AG Settles Abusive Debt Collection Claims Against Mortgage Servicer

Bankruptcy Procedure in the Context of Turnover and Preference Law

How student loan debt causes a chain reaction in the housing market

Upcoming NACBA Events

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NACBA’s 2016 Fall Workshop is Only Days Away!

Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation! Get all the details and register today!

Save the Date for NACBA’s Silver Anniversary Annual Convention

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 9/26

A New Week With New Headlines…

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Bank Card Default Rates Continue to Decline

Third Circuit Court of Appeals Concludes that Section 303(i) Does Not Preempt State Law Claims of Non-Debtors Predicated on the Filing of an Involuntary Petition

CFPB sues car title lenders

Legislators take on predatory student loan practices

San Diego consumer accuses marketing agency of violating TCPA

Millions in U.S. Climb Out of Poverty, at Long Last

Upcoming NACBA’s Events

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Join your peers and register for upcoming NACBA Events! Attend informative sessions, network, earn CLE and experience NACBA!

NACBA’s 2016 Fall Workshop

Thursday, October 6’th-Sunday, October 9’th
Enchantment of the Seas

Register today!

Save the Date for NACBA’s Silver Anniversary Annual Convention

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’t h, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 9/20

Tuesday’s News…

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Title Pawn Loan Not “Ownership Cost”

Overdraft Rule Remains in the Slow Lane as CFPB Juggles Priorities

How seniors, disabled can keep debt collectors at bay

Fed Rate Increase Would Make It Harder for Some to Pay Debt

Consumer Credit Defaults Up Slightly According To The S&P/Experian Consumer Credit Default Indices

Student loan debt soars in New York over last decade

The Right To Countersecurity From A Debtor In Bankruptcy

REGISTER FOR THIS WEEK’S UPCOMING WEBINAR

Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems with Non-Bankruptcy Causes of Action
DATE: Thursday, September 22, 2016 – 3:00 PM EST / 12:00 PM PST
COST: $25 NACBA Member, $75 Non-Member
PRESENTERS:
Judge Paul W. Bonapfel, Northern District of Georgia
J. Erik Heath, Esq., Consumer Bankruptcy Attorney, San Francisco, CA
John Rao, Esq., National Consumer Law Center, Inc.
REGISTER: HERE

BONUS: One (1) attendee/ registrant will be chosen at random to receive a copy of Chapter 13: Practice And Procedure, 2d, 2016 Ed.. The new second edition is a guide to virtually everything you need to know about practicing law under Chapter 13 of the Bankruptcy Code.(Value $408)

This webinar will cover a variety of standing, judicial estoppel and claim preclusion issues and offer practical suggestions for ways to ensure that debtors’ non-bankruptcy causes of action can be litigated. Topics will include debtor’s standing during and after Chapter 7 and 13 cases, determining whether a cause of action is property of the estate, proper scheduling and disclosure of claims including whether a duty exists for post-petition claims in Chapter 13 cases, avoiding and responding to judicial estoppel arguments, plan treatment of prosecution and settlement of litigation, employment and compensation of counsel to litigate debtor’s legal claims, effect of plan confirmation on debtor’s right to bring causes of action post-confirmation; impact of stating an intent to surrender collateral on post-bankruptcy claims and defenses; using waiver and estoppel arguments against mortgage creditors.

If you are unable to attend the live webinar, please register by September 22, 2016 at 2:00 PM Est. to receive the webinar recording, materials (copy of presentation and Non Bankruptcy Causes of Action exert from Chapter 13: Practice And Procedure, 2d, 2016 Ed) and be registered for drawing.

Events

NACBA’s Fall Workshop

EARLY BIRD RATE IS EXTENDED! REGISTER TODAY FOR SAVINGS!

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SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 9/2

End of the Week Headlines…

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Department of Defense Issues Guidance on Military Lending Act

CFPB Complaints: What They Mean to Servicers

Brief: CFPB Quashes So-Called Tribal Lender Western Sky, US District Court Calls CashCall “True Lender”

Report: Predatory Loan Companies Evade State Rules

Amazon and Wells Fargo abruptly end discount student loan program

13 Pitfalls of Bankruptcy in Arizona

CFPB Issues Safe Harbors under FDCPA for Mortgage Servicers

Calls and text messages from healthcare organizations: New developments under the TCPA’s ’emergency purpose’ exception

UPCOMING WEBINARS

7 Keys to Building a Referral-based Law Firm

DATE: Thursday, September 14, 2016, 3:00 PM EST / 12:00 PM PST
COST: FREE for NACBA Members
PRESENTER: Stephen Fairley, CEO, The Rainmaker Institute
REGISTER: HERE

Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems
with Non-Bankruptcy Causes of Action
DATE: Thursday, September 22, 2016 – 3:00 PM EST / 12:00 PM PST
COST: $25 NACBA Member, $75 Non-Member
PRESENTERS:
Judge Paul W. Bonapfel, Northern District of Georgia
J. Erik Heath, Esq., Consumer Bankruptcy Attorney, San Francisco, CA
John Rao, Esq., National Consumer Law Center, Inc.
REGISTER: HERE

Events

NACBA’s Fall Workshop

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Don’t miss the boat! Set sail with #NACBASEA on October 6th-9th for stellar sessions, CLE, networking and a little relaxation! Register by Friday, September 2nd for the Early Bird Rate!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!