NACBA

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 3/16

Preferential Transfer Governed by Date Garnished Wages Earned

CFPB Proposes Six-Month Delay in Prepaid Card Rule Effective Date

Wells Fargo’s Sale of Marital Home a Day After Wife filed Chapter 13 did Not Violate Stay since she had “No Protecable Interest” in Home

CFPB Issues Monthly Complaint Snapshot On Credit Reporting

PHH Files Opening En Banc Brief in Case v. CFPB; So Do 7 Organizations

TCPA Case Law Review for February 2017

CFPB officially hits Nationstar with $1.75 million fine for HMDA violations

IRS Opposes Granting of Certiorari in Cases Addressing Definition of Return

MORE THAN HALF OF PARENTS WHO COSIGNED STUDENT LOANS STRUGGLE FINANCIALLY

Upcoming NACBA Events

1 Day Left to Receive the Early Bird Rate! Register Today!

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 for Today’s Webinar!

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 3/14

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

NACBA25 Fireside Highlight

 

Join Tom Martin, with National Auto Brokerage Service in his Fireside Chat, “Automotive Lending While In Chapter 7 & Chapter 13,” where he will discuss what lenders are looking for in determining a good risk and how that helps your clients rebuild a new credit portfolio.

avatar for Tom Martin

Tom Martin

National Auto Brokerage Services

Tom Martin has been in the automotive retail business since 1995 and has spent most of his time working with sub-prime borrowers. In 2003 he took a small country dealership and increased used car sales by 200% by marketing to open bankruptcy customers. In his 7 years he was there he assisted in selling over 5000 retail auto transactions with 75% coming from customers that were involved with an open bankruptcy. Tom is passionate with his clientele and determined to get the best possible terms and conditions for his customer. He has assisted with many of those customers continually re-build their credit and help them with re-financing and increase credit scores.
In 2012, Tom brought his program to his current dealership and helped found National Automotive Brokerage Services. Although at first the company concentrated on marketing to insurance companies for total loss replacement and they implemented the open bankruptcy segment with Tom’s leadership that is giving them national recognition for the company. The concept is to partner with bankruptcy attorneys to help their clients make better decisions when it comes to their transportation needs.

In 2013, Tom founded My Credit Helpers, Inc. which is a company that helps his clients and many others to assist in the re-building process by providing credit restoration, student loan modifications and many other tools needed to completely recover from bankruptcy. He goes the extra steps because purchasing a car isn’t enough when it comes to re-establishing credit. The last part the client should do is the credit restoration. Tom has seen unbelievable results in helping clients improve their credit score from 100-175 points just months after discharge. Tom also wants to help for those needing assistance in student loan modifications which is becoming a major part of the decision making for an auto loans.

Tom is determined to help as many customers that are going through which is the same thing he went through many years ago from a divorce and he believes his customers should receive the same treatment no matter what their situation is. With his trial and error, Tom will show the different steps for anyone who is interested of re-building credit at a faster rate.

Register for #NACBA25 Today!

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 3/8

Breaking News: Trump Administration Signals Opposition to CFPB in D.C. Circuit

State Law Applicable Solely to Bankruptcy Is Not Non-Bankruptcy Law

Sterling Jewelers, Wells Fargo Scandals Show Why Forced Arbitration Must End

Debt collectors lead Colorado attorney general’s 2016 list of top consumer complaints

U.S. credit card debt shrinks in January

Consumer Borrowing Growth Drops to 5 Year Low

CFPB Monthly Report Returns its Focus to Credit Reporting and Mortgage Complaints Fall Out of the Top Three

Negative Equity Decreasing, Many Homeowners Still Underwater

Bankruptcy Court’s Mortgage Mediation Program a Success

U.S. credit card debt shrinks in January

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

NACBA25 Highlight

In an increasing number of cases, a Chapter 11 may be a better option for your client than a Chapter 13. Join Dan Press and Brett Weiss as they compare Chapter 13 and Chapter 11, talk about identifying potential issues, and offer strategies to help you discuss Chapter 11 with your client.
Your Presenters
Dan Press
avatar for Dan Press
Daniel Press practices primarily bankruptcy and intellectual property law. A magna cum laude graduate of Georgetown University Law Center, he was an editor of the Georgetown Law Journal. He received his B.A. from The Johns Hopkins University. After graduating from law school, Mr. Press served as a judicial law clerk for Judge Jaime Pieras Jr. in the U.S. District Court for the District of Puerto Rico. Mr. Press, along with Brett Weiss, are the authors of the leading book on Chapter 11 bankruptcy for individuals, entitled Chapter 11 for Individual Debtors, a Collier Monograph.

Mr. Press practices primarily in the Bankruptcy and Federal District Courts in Maryland, the District of Columbia, and the Eastern and Western Districts of Virginia, as well as other U.S. Appellate, District and Bankruptcy Courts around the country. He is a State Chair for the National Association of Consumer Bankruptcy Attorneys, a member of the Section Council of the Consumer Bankruptcy Section of the Maryland State Bar Association, and the Education Director of the Consumer Committee of the American Bankruptcy Institute. In addition to teaching Individual Chapter 11 Bankruptcy through Max Gardner’s Bankruptcy Bootcamps, he is a regular speaker on bankruptcy and related topics at seminars and programs locally and nationwide sponsored by groups such as NACBA, the Virginia Bar Association, Virginia CLE, the Maryland State Bar Association, Minnesota CLE, and the Bankruptcy Bar Association for the District of Maryland.

Brett Weiss

avatar for Brett Weiss

Brett Weiss, a senior partner at Chung & Press, LLC, has been representing people and businesses in all phases of bankruptcy for over 25 years. He has experience in com¬plex individual Chapter 7, Chapter 11 and Chapter 13 bankruptcy cases, and in Chapter 11 small business restructuring and reorganization. Mr. Weiss lectures nationally on bankruptcy issues. He has spoken before the National Conference of Bankruptcy Judges, and is a regular speaker before the National Association of Consumer Bankruptcy Attorneys, the Maryland Bankruptcy Bar Association and Maryland State Bar Association. He has testified before the Federal Bankruptcy Rules Committee and has twice testified before Congress on bankruptcy and credit issues. Brett Weiss is the co-author of “Individual Bankruptcy Under Chapter 11” for LexisNexis, and has written “Not Dead Yet: Bankruptcy After BAPCPA,” for the Maryland Bar Journal, as well as hundreds of blogs for the Bankruptcy Law Network.

Mr. Weiss has received international media attention in connection with his work. He was interviewed by Barbara Walters on The View, has appeared on the Today Show, Good Morning America, ABC News with Peter Jennings, the Montel Williams Show, NPR, AARP-TV, the BBC World Service, German state television, and numerous local radio and television programs, and been quoted in Money magazine, The Washington Post and The Baltimore Sun, among others. Brett Weiss is the Maryland State Chair for the National Association of Consumer Bankruptcy Attorneys, a founding member of the Bankruptcy Law Network, on the board of the Maryland State Bar Consumer Bankruptcy Council, and a member of the American Bankruptcy Institute, the Bankruptcy Bar Association of Maryland, and the Civil Justice Network. He has been recognized as a “Super Lawyer” every year since 2007 for Maryland and the District of Columbia, and in 2011 received the Distinguished Service Award from the National Association of Consumer Bankruptcy Attorneys for his work on behalf of consumers across the country. Mr. Weiss is admitted to practice before Maryland and District of Columbia federal and state courts, the United States Courts of Appeals for the DC and Fourth Circuit, The United States Tax Court, and the Supreme Court of the United States, and has been practicing law since 1983.

Register Today and Celebrate NACBA25! 

Bankruptcy News Briefs 3/2

nacbapicture

DC Court Rules CFPB Structure Unconstitutional

Complaints against Wells Fargo, other banks rise on CFPB log targeted by Congress

ACA Releases New White Paper Disputing the Consumer Financial Protection Bureau’s Survey Report on Consumer Experiences with Debt Collection

Debt Collectors Sued for Not Assessing Interest . . . Seriously?!?

Freddie Mac Hits 10-year Low Delinquency Rate

Vote on GOP Dodd-Frank reform bill likely delayed until summer

Student loan provider Navient intends to defend against suits brought by US, Illinois, Washington

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 January 2017 through July 2017. Renew Today!

New NACBA Webinar! Register Today!

 

what-to-do-post-hamp-for-mortgage-borrower-clients-4

Join us Marc Dann & Bobby Rivera for “What to do: Post HAMP for Mortgage Borrower Clients.”

Thursday, March 16th 2017

The Federal Hamp Program has come to an end, but  most mortgage loan borrowers in default will be eligible for modifications to help them stay in their home. Furthermore, once a loan modification is accepted by a Mortgage Loan Servicer strict new RESPA regulations are in place to make sure that a servicer completes the review fairly and quickly while staying foreclosure activity.

Bobby Rivera, a nationally recognized expert in loan modifications will provided a brief overview to help lawyers understanding the importance of identifying investor, trends on proprietary programs and income calculations for modification and Marc Dann, who’s firm has prosecuted more than 100 cases under Regulation X to RESPA will talk about how to use the regulations to get the information you need to obtain critical information to oppose relief from stay, prosecute claim objections and to hold servicers feet to the fire by bringing Adversaries and Lawsuits which provide for fee shifting under Regulation X to RESPA.

Register Today!

Cost is 25 for Members/$75 for Non Members