Mortgage loans

NACBA25 Highlight

 

Another Awesome Session at NACBA25!

This panel consisting of Sarah Bolling Mancini, Michelle Kainen with moderator Greta LaMountain Biagi will delve into the most recent case law enforcing and interpreting Rule 3002.1 to deal with mortgage cure issues, including the PHH Mortgage decision (litigated by panelist Michelle Kainen) in which the Bankruptcy Court of Vermont imposed a $375,000 sanction for the creditor’s repeated failure to comply with Rule 3002.1 in three chapter 13 cases. We will also discuss recent cases in which chapter 13 trustees have sought denial of the discharge based on post-petition mortgage payment defaults identified through Rule 3002.1 notices. The panel will also highlight recent (and proposed) changes to the rule.
Presenters
avatar for Michelle Kainen
Michelle Kainen was admitted to practice in Vermont in 2003 and in New Hampshire in 2008. Michelle has been a solo practitioner since 2007. She practices in the areas of tax, criminal defense and bankruptcy law (debtor representation). Michelle received her B.A. in Psychology from San Diego State University. Michelle received her Masters Degrees in Social Work and Accounting also from San Diego State University. She completed Vermont’s Four-Year Law Office Study Program in lieu of a traditional law school program. From 2008 – 2012 Michelle served as the chairperson of the Bankruptcy Section of the Vermont Bar Association. She is the NACBA State Chairperson for Vermont. Michelle also teaches Accounting and Psychology courses at the Community College of Vermont. Michelle has a number of published decisions on pivotal issues impacting the rights of debtors in bankruptcy.
avatar for Sarah Mancini
Sarah Bolling Mancini is Of Counsel for NCLC half-time, focusing on foreclosures and mortgage lending, and works half-time as an attorney in the Home Defense Program of Atlanta Legal Aid. She has experience representing homeowners in bankruptcy cases and litigating in state, federal district, and bankruptcy courts. She also clerked for the Honorable Amy Totenberg, U.S. District Court for the Northern District of Georgia. Sarah is a member of the Georgia Bar. She received her B.A. in public policy from Princeton University and her J.D. from Harvard Law School.

Bankruptcy News Briefs 3/23

Revisiting Dodd-Frank; Its Design May Make Next Crisis Even Worse

More Twists in ED’s ‘Dear Colleague’ Collection Fee Matter

Court Dismisses CFPB Complaint Against Payment Processor For Ignoring Red Flags

DOJ Brief Opposing CFPB Brings More Uncertainty

CFPB to Re-Examine Regulation

CFPB’s Next Move in Processor Case Bears Watching

Student loan collector pledges not to charge high fees permitted by Education Department

Confessions of a bankruptcy attorney: What people get wrong about bankruptcy

A First Look At February Delinquency Data

Judicial Foreclosure Sales are Immune to Preference Challenges

Upcoming NACBA Events

nacba25

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today!

Receive a $25 Amazon Gift Card!

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the Requirements and start referring today!

 NACBA Membership Promotion!

Renew your membership this month and be entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month

Bankruptcy News Briefs 3/22

Federal Court Nixes CFPB Enforcement Action that Claimed a Payment Processor Ignored Fraud

American Bankruptcy Institute Forms Commission on Consumer Bankruptcy

Judge Rules For Servicer in TCPA Case Regarding Calls to Number Provided for Subsequent Loan

Trump’s ED Dept Withdraws Position Prohibiting Collection Fees on FFEL Defaults

No Personal Liability for Post-Petition HOA Fees

CFPB Takes on Credit Reporting Problems

Tensions escalate at House hearing on constitutionality of the CFPB

Pocan introduces bipartisan bill in effort to alleviate student loan debt

Filing for bankruptcy more expensive under Trump budget

More Consumers Seek Loan Modifications

Upcoming NACBA Events

nacba25

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today!

Receive a $25 Amazon Gift Card!

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the Requirements and start referring today!

 NACBA Membership Promotion!

Renew your membership this month and be entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month

Bankruptcy News Briefs 3/14

New Data: More Than 1.1 Million Federal Student Loan Defaults in 2016

Student Loan Guarantor Agency Not Liable for Collector’s Alleged TCPA Violations

Massachusetts Appellate Division: A Debt Buyer is a Debt Collector Under MA Law

PHH urges Court of Appeals to kill CFPB

Why the Consumer Financial Protection Bureau Is in Danger

Credit Card Debt Tops $15,000 in More Than Half of US Households

Study: Household Credit Card Debt Continues to Approach Post-Recession Records

5th Circuit: Creditor’s Garnishment of Wages during 90-day Preference Period is Avoidable Even if Garnishment was Served Prior to that Period.

Upcoming NACBA Events

nacba25

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today for the Early Bird Rate that ends March 17th, 2017 for savings!

NACBA Webinars Web Banner (1)

 

 

 

 

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Register HERE

Receive a $25 Amazon Gift Card!

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the Requirements and start referring today!

 NACBA Membership Promotion!

Renew your membership this month and be entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month

Bankruptcy News Briefs 3/10

Legislation to Repeal Collection Calls for Government Debt Introduced in 115th Congress

Bankruptcy Filings Drop in February

Nationstafacingr  CFPB fine over HMDA violations

D.C. Circuit Rejects Intervention in CFPB Case

District Court Opinion Highlights Effect of Spokeo on FDCPA Claims

Chapter 13 Debtor Loses Challenge to 22.5% Collection Costs for Student Loans as Court gives Deference to USDOE Regulations

Student Loan Creditor Off the Hook for Third Party Collects’ orTCPA Violations, But is Not Exempt for Collecting Government Backed Debts

Upcoming NACBA Events

nacba25

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today for the Early Bird Rate that ends March 17th, 2017 for savings!

Register Today for Two New NACBA Webinars in  March!

NACBA Webinars Web Banner (1)

10 Critical Numbers That Will Determine the Success or Failure of Your Law Firm
Date: Tuesday, March 14, 2017, 2:00 PM-3:00 PM ET
Presented by: Stephen Fairley, The Rainmaker Institute
Cost: No Fee – NACBA Member Benefit
Register HERE

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Register HERE

Receive a $25 Amazon Gift Card!

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the Requirements and start referring today!

 NACBA Membership Promotion!

Renew your membership this month and be entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month

Bankruptcy News Briefs 3/9

FDCPA Case law Review for February 2017

ACA International to File Brief in PHH Case

Court Dismissed Student Loan Debtors’ Class Action since Notes Contained Arbitration Clause and Class Action Waiver

CFPB Office of Consumer Response Reviews Changes to Complaint Database During Recent CAB Meeting

Consumers’ Credit Card Balances Contribute to Overall Decline in Borrowing

49 Call Attempts in 18 Days with No Evidence of Intent to Harass = No FDCPA Violation

Online Lender Wins Motion to Compel Arbitration and Avoids Nationwide Consumer Class Action

Doubling Down on Criticism of CFPB

Economists: Hawaii has the second-highest consumer debt in the nation

Debt, ID theft still consumer hot-buttons

Lawmakers Try Again To Close Loophole Allowing Government To Make Debt-Collection Robocalls

Fourth Circuit Hands Victory to Lenders in Chapter 13 Mortgage Case

Upcoming NACBA Events

nacba25

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today for the Early Bird Rate that ends March 17th, 2017 for savings!

Register Today for Two New NACBA Webinars in  March!

NACBA Webinars Web Banner (1)

10 Critical Numbers That Will Determine the Success or Failure of Your Law Firm
Date: Tuesday, March 14, 2017, 2:00 PM-3:00 PM ET
Presented by: Stephen Fairley, The Rainmaker Institute
Cost: No Fee – NACBA Member Benefit
Register HERE

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Register HERE

Receive a $25 Amazon Gift Card!

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the Requirements and start referring today!

 NACBA Membership Promotion!

Renew your membership this month and be entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month

Bankruptcy News Briefs 3/7

SCOTUS Poised to Decide Whether Debt Buyers Are Subject to the FDCPA

Attorneys need to understand the Fair Debt Collections Practices Act

Massachusetts joins amicus brief in Supreme Court case related to debt buyers

Motion Filed by U.S. Seeking Leave to File Amicus Brief by March 17 Signals Support for PHH

House Passes Rule That Would Require OMB Review of New CFPB Rules

Consumer debt and identity theft back on annual complaints list

Mortgage Servicer Defeats Class Certification Over Collection Practices Allegedly Targeting Discharged Mortgage Debts

Student Loan Troubles Growing Among Illinois Consumer Woes

Americans increasingly accumulate the wrong kinds of debt

Consumer alleges AFNI repeatedly called to collect discharged debt

Student loan debt bubble expands

CFPB, Dodd-Frank reforms won’t happen soon, CFPB expert says

Upcoming NACBA Events

nacba25

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today for the Early Bird Rate that ends March 17th, 2017 for savings!

Register Today for Two New NACBA Webinars in  March!

NACBA Webinars Web Banner (1)

10 Critical Numbers That Will Determine the Success or Failure of Your Law Firm
Date: Tuesday, March 14, 2017, 2:00 PM-3:00 PM ET
Presented by: Stephen Fairley, The Rainmaker Institute
Cost: No Fee – NACBA Member Benefit
Register HERE

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Register HERE

Receive a $25 Amazon Gift Card!

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the Requirements and start referring today!

 NACBA Membership Promotion!

Renew your membership this month and be entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month