NACBA

Bankruptcy News Briefs 12/23

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Former Regulator Offers Extensive and Scathing Details of Life Inside the CFPB

New Audit Shows Where CFPB Civil Penalty Funds Are Going

U.S. Consumer-Spending Gains Slowed in November

Public interest lawyers sue feds over loan forgiveness program

Debtors Who Misuse Collateral Can Lose the Benefit of Discharging their Debt in Bankruptcy

Exercise of Post-Petition Right to Setoff Without Court Permission Violated Automatic Stay

Consumer alleges Vero Beach debt collectors’ timeline demand for payment violates FDCPA

Another Step Down: Foreclosures Hit Near-Decade Low

Upcoming NACBA Events

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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 3rd, 2017 for savings! You can also receive $100.00 discount on registration when you support the #NCBRC. Offer Ends 12/31.

Renew Your NACBA Membership

We want you to have access and the member rate to all of NACBA’s exciting upcoming events in 2017, especially our 25 year celebration at the Annual Convention. Take a moment today to Renew your membership or if your not a member of NACBA there is no better time to Join!

 

Bankruptcy News Briefs 12/21

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Incorrect 1099-A Form Not Objectively Coercive

Consumer Advisory: Delays & Risks Await Many Taxpayers

The Tragic Downfall of the Consumer Financial Protection Bureau

Proposed CFPB Regulations Seek to Expand Agency’s Disclosure Opportunities

Decision of U.S. Appeals Court and Election of Donald Trump Could Spell Doom for Power of CFPB

Consumer Spending Grows at Healthy Pace in Third Quarter

Debt collection practices lawsuit against Ohio law firm headed to Third Circuit

Consumer alleges debt collector damaged credit rating on paid debt

How to Eliminate IRS Tax Debt in Arizona

Amendments to California PACE Financing Statutes Become Effective January, 1 2017

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 3rd, 2017 for savings! You can also receive $100.00 discount on registration when you support the #NCBRC. Offer Ends 12/31.

Renew Your NACBA Membership

We want you to have access and the member rate to all of NACBA’s exciting upcoming events in 2017, especially our 25 year celebration at the Annual Convention. Take a moment today to Renew your membership or if your not a member of NACBA there is no better time to Join!

Save $100 on Your NACBA 2017 Convention Registration

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2017 is NACBA’s 25th Anniversary. To get in the spirit of #NACBA25 (hashtag for 2017 Annual Convention), we thought we’d kick off Giving Tuesday back on November 29th and decided that we would extend it to the whole month of December with a way to save NACBA members a few bucks and support the efforts of NCBRC.

Make a donation to NCBRC by 12/31/16 using the below levels and you can receive a discount off your 2017 Annual Convention Registration + receive a fun convention experience.

  • Donate $100 to NCBRC before 12/31/16 and receive $25 discount coupon on 2017 convention registration
  • Donate $500 to NCBRC before 12/31/16 and receive $50 discount coupon on convention registration and front-of-the-line pass for commemorative photo with Mickey and Minnie Mouse on Saturday, May 6, 2017, Orlando, Florida.
  • Donate $1,000 to NCBRC before 12/31/16 and receive $100 discount coupon on convention registration and two (2) tickets to attend NACBA President’s Dessert Reception & VIP Illuminations Fireworks at Epcot “Eau de France” Viewing on Saturday, May 6, 2017, 8:00 PM to 9:30 PM Orlando, Florida. Tickets also include two (2) hours of Epcot park access.

DONATE HERE TO NCBRC

To receive the convention discount, you must:

1) Make NCBRC Donation at designated level.

2) Register for convention via EMAIL, PHONE or FAX and include copy of donation receipt.

2017 NACBA Annual Convention Registration is Open!

Questions: email admin@nacba.com

 

Bankruptcy News Briefs 12/16

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FCC Chairman to Step Down; Could Lead to Reversal of TCPA Ruling

Massachusetts Proposes New Rules for Collection Litigation on Credit Card Debt

Judge Grants Collection Agency’s Motion For Summary Judgment in FDCPA Bona Fide Error Case

Colleges are still cutting deals with Wall Street to peddle debit cards to students

CFPB Debuts Consumer Credit Card Risk Management Tool

6 charged in debt collection fraud scheme

Houston consumer alleges debt collector broke law

Household debt rises as the cost of living climbs faster than incomes

Changes to Bankruptcy Rule 3002.1 Affect Mortgage Lenders

Which States Have the Highest Number of Foreclosure Filings?

New York: Stopping Foreclosure Rescue Scams in Their Tracks

Upcoming NACBA Events

nacba25

Registration is Open for 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 3rd, 2017 for savings!

2016 Virtual Bankruptcy Workshop

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There’s still time to Register for the second session of the 2016 Virtual Bankruptcy Workshop Today from 12:00 PM-3:00 PM. If you register you can request access to the session one recording from Friday, December 9th as well as today if you have a schedule conflict.

COST: $99 NACBA Members, $199 Non Members

INCLUDES:
All Materials, Certificate of Attendance, Seminar Recordings, Live Q&A

REGISTER HERE

Renew Your NACBA Membership

We want you to have access and the member rate to all of NACBA’s exciting upcoming events in 2017, especially our 25 year celebration at the Annual Convention. Take a moment today to Renew your membership or if your not a member of NACBA there is no better time to Join!

2016 Virtual Bankruptcy Workshop Session Highlight! Last Session Tomorrow!

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Friday, December 16th

2:00 PM-3:00 PM

Chasing the Elusive White Whale:Harpooning the Current Mortgage Issues You Have to Know
Presented by: Max Gardner, Esq. & John Rao, Esq.

Max and John will bring you up to date on loan modifications in and outside of bankruptcy, post-bankruptcy collection abuses after final cure, the new proof of claim attachment, catching servicers who misapply chapter 13 payments, new servicing regulations on monthly statements for debtors in bankruptcy, and more.

Register Today and Receive Recordings and Materials for Session 1 &2

About the Presenters:

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O. Max Garner III

O. Max Gardner III, Esq.Max is recognized as one of the leading lawyers in America in the area of Predatory Mortgage Servicing and the standing of Mortgage Servicers in consumer bankruptcy cases. His position on the front lines of the war against predatory lenders and mortgage servicers has captured the attention of ABC News Nightline, CNN, BusinessWeek, The New York Times, The Washington Post and many other news outlets across the country.Gardner received his undergraduate degree from the University of North Carolina at Chapel Hill in 1969 and graduated with high honors from the UNC School of Law in 1974. Among others, he was a member of the Law Review, named the Outstanding Law Graduate of 1974, served as President of the Student Bar Foundation and was elected to the Order of the Coif. Following graduation, he served as the Senior Law Clerk to the Hon. William H. Bobbitt, the late Chief Justice of the North Carolina Supreme Court, and as Senior Law Clerk to the Hon. William Copeland, an Associate Justice of that Court.

Max has been the lead attorney of record in many landmark cases but some of his most significant were Marshall v Spindale Savings & Loan, Stark v Crestar Mortgage, the Shelby Yarn Employees litigation, and Smith v First Union National Bank.

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John Rao

John Rao is an attorney with the National Consumer Law Center, Inc. Mr. Rao focuses on consumer credit and bankruptcy issues and has served as a panelist and instructor at numerous bankruptcy and consumer law trainings and conferences. He has served as an expert witness in court cases and has testified in Congress on consumer matters. Mr. Rao is a contributing author and editor of NCLC’s Consumer Bankruptcy Law and Practice; co-author of NCLC’s Foreclosures; Bankruptcy Basics; Guide to Surviving Debt; and NCLC Reports: Bankruptcy and Foreclosures Edition, and contributing author to NCLC’s Student Loan Law. He is also a contributing author to Collier on Bankruptcy and the Collier Bankruptcy Practice Guide. Mr. Rao serves as a member of the federal Judicial Conference Advisory Committee on Bankruptcy Rules, appointed by Chief Justice John Roberts in 2006. He is a conferee of the National Bankruptcy Conference, fellow of the American College of Bankruptcy, vice-president for the National Association of Consumer Bankruptcy Attorneys, and former board member for the American Bankruptcy Institute. He is an adjunct faculty member at Boston College School of Law. Mr. Rao is a graduate of Boston University and received his J.D. in 1982 from the University of California (Hastings).

Bankruptcy News Briefs 12/14

Midweek Headlines…

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From the Web: FCC Commissioners Address Process Reform, Leadership and Transparency

Discriminatory Treatment of Student Loan Debt Not Unfair

New Student Loan Rehab Portal from BillingTree Assists Agencies and Consumers

The CFPB Should Not Single-Out Collectors for Non-English Disclosure Requirements

Mo. Federal Judge Rules Hospital Not Liable for Potential TCPA Claims Based on Acts of Third Party Agency

Congressman Jeb Hensarling, a Prominent CFPB Foe, Re-Elected as House Financial Services Chairman

Rising concern about credit card debt

CFPB Ombudsman’s Office Releases FY2016 Annual Report

Yellowstone and the Barton Doctrine in the Third Circuit

New Forms May Alleviate Some Concerns About Massachusetts Notarizations

Trump Administration Gears Up for Financial Services Changes

Household Debt Nears Pre-Recession Levels, Study Shows

Proposed Amendments To The Bankruptcy Code Could Adversely Affect Student Loan Securitizations

Upcoming NACBA Events

nacba25

Registration is Open for 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 3rd, 2017 for savings!

Jump start by registering for tomorrow’s Webinar!

NACBA Webinars Web Banner (1)

Growing Your Bankruptcy Practice in 2017 and Beyond

Date: Wednesday, December 14, 2016
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 minutes)
Presenter: Richard James, CEO, Office of Richard James
Cost: No Cost to NACBA Members – Member Benefit

Register HERE

2016 Virtual Bankruptcy Workshop

teleconf

There’s still time to Register for the second session of the 2016 Virtual Bankruptcy Workshop on Friday, December 16th from 12:00 PM-3:00 PM. If you register you can request access to the session one recording from Friday, December 9th.

COST: $99 NACBA Members, $199 Non Members

INCLUDES:
All Materials, Certificate of Attendance, Seminar Recordings, Live Q&A

REGISTER HERE

Renew Your NACBA Membership

We want you to have access and the member rate to all of NACBA’s exciting upcoming events in 2017, especially our 25 year celebration at the Annual Convention. Take a moment today to Renew your membership or if your not a member of NACBA there is no better time to Join!

2016 Virtual Bankruptcy Workshop Session Highlight

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Ready for a second round of sessions of the 2016 Virtual Bankruptcy Workshop?

Friday, December 16th 

12:00 PM-1:00 PM ET

Sailing the Supreme Court Seas: The Top Supreme Court Consumer Bankruptcy Decisions
Presented by: Tara Twomey, Esq. & Henry Sommer, Esq.

It may not be the best court, but it’s the highest court and it is the last word for sailors of the bankruptcy globe. This panel will navigate the Court’s decisions on important consumer bankruptcy issues, including, exemptions, dischargeability, claims, discrimination, chapter 13 plans, lien stripping, and more.

There is still time to Register even if you didn’t register for session one on December 9th. Register today and still receive the recording for session one and session two if you are unable to attend.

About Our Presenters:

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Henry Sommer

Henry J. Sommer is Supervising Attorney at the pro bono Consumer Bankruptcy Assistance Project in Philadelphia. He has litigated many major cases involving bankruptcy, consumer law, civil rights and other issues. Previously, he was the head of the Consumer Law Project at Community Legal Services in Philadelphia, where he worked for over 21 years. Mr. Sommer has also served as a Lecturer-in-Law at the University of Pennsylvania Law School and is an Adjunct Professor at Temple University School of Law. He received his A.B. degree from Harvard College, magna cum laude and his J.D. degree from Harvard Law School, cum laude.

Mr. Sommer is Editor in Chief of Collier on Bankruptcy and the entire Collier line of bankruptcy publications. He is the author of Collier Consumer Bankruptcy Practice Guide (Matthew Bender); Consumer Bankruptcy Law and Practice, (9th Ed. 2009) published by the National Consumer Law Center, Boston, Ma., and Consumer Bankruptcy: The Complete Guide to Chapter 7 and Chapter 13 Personal Bankruptcy (John Wiley & Sons 1994) as well as numerous articles on bankruptcy law. He is the co-author of Collier Family Law and the Bankruptcy Code (Matthew Bender).

Mr. Sommer is a former President of the National Association of Consumer Bankruptcy Attorneys (NACBA), a former member of the Federal Judicial Conference Advisory Committee on Bankruptcy Rules (appointed by the Chief Justice of the Supreme Court) and a member of the National Bankruptcy Conference. He is a Fellow of the American College of Bankruptcy, a member of the American Law Institute, and a former member of the Federal Reserve Board Consumer Advisory Council. He is also President of the National Consumer Bankruptcy Rights Center and a former Chairman of the Eastern District of Pennsylvania Bankruptcy Conference.

He has been asked to testify many times before the House and Senate Judiciary Committees, as well as the National Bankruptcy Review Commission, on bankruptcy and consumer law issues. He has served on the faculty of numerous continuing legal education programs including those presented by the Federal Judicial Center, NYU Law School, the National Conference of Bankruptcy Judges, the Southeastern Bankruptcy Law Institute, the Executive Office of U.S. Trustees, the ABA Family Law Section, NACBA, ALI-ABA and the Pennsylvania Bar Institute. Mr. Sommer was the first recipient of the National Consumer Law Center’s Vern Countryman Consumer Law Award.

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Tara Twomey

Tara Twomey is the Amicus Project Director for the National Association of Consumer Bankruptcy Attorneys and currently Of Counsel to the National Consumer Law Center. She is currently a Lecturer in Law at Stanford, and has previously lectured at Harvard and Boston College Law Schools. Tara is a former Clinical Instructor at the Hale and Dorr Legal Services Center of Harvard Law School where her practice focused, in part, on sustainable homeownership for low- and moderate-income homeowners. She is a contributing author of several books published by the National Consumer Law Center including, Foreclosures: Defenses, Workouts and Mortgage Servicing and Bankruptcy Basics. Ms. Twomey is also a co-principal investigator, along with Professor Katherine M. Porter of the University of Iowa, for a national study examining mortgage claims in consumer bankruptcy cases.

Bankruptcy News Briefs

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Study: American Household Credit Card Debt Reaches Record Amount

Consumer Borrowing Rates Slow in October

CFPB Takes Action Against Reverse Mortgagees

Attorney Collecting Debt For A Debt Collector May Not Rely On Client’s Validation Notice

Post-Spokeo Standing and Fair Debt Collection Practices Act

Ohio Supreme Court Finds That An Action At Law On A Promissory Note To Collect A Mortgage Debt Is Separate And Distinct From An Action In Equity To Enforce A Mortgage Lien On Property

Upcoming NACBA Events

2016 VIRTUAL BANKRUPTCY WORKSHOP

A two (2) day overview of cutting edge consumer bankruptcy education in a virtual format presented by some of the top bankruptcy experts in the United States.

DATES: Friday, December 9, 2016 & Friday, December 16, 2016

TIMES:
Friday, December 9: 12:00 PM – 3:30 PM EASTERN and
Friday, December 16: 12:00 PM – 3:00 PM EASTERN

Schedule conflict? No worries at all.
Register by 12/8/16 and the recordings will be emailed to you upon request.


COST:
$99 NACBA Members, $199 Non Members

INCLUDES:
All Materials, Certificate of Attendance, Seminar Recordings, Live Q&A

REGISTER HERE

NACBA Webinars Web Banner (1)

Give yourself a gift and register for December’s Webinar!

Growing Your Bankruptcy Practice in 2017 and Beyond

Date: Wednesday, December 14, 2016
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 minutes)
Presenter: Richard James, CEO, Office of Richard James
Cost: No Cost to NACBA Members – Member Benefit

Register HERE

If you want to build a law firm that supports your lifestyle, instead of undermining it, then join Richard James on Wednesday, December 14th at 3 PM ET. If you want 2017 to be the year that you finally build the law firm of your dreams, then you have to be on this webinar training. Learn the key strategies that hundreds of Richard James’ clients are using to grow like never before. This is real world, in the trenches advice you can put to practice right away.

Celebrate 25 Years of NACBA!

2016 Virtual Bankruptcy Workshop Session Highlight

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Friday, December 9th

2:30 PM – 3:30 PM ET

Find a Treasure Trove of Consumer Law Violations in your Bankruptcy Treasure Chest: Fair Debt, Credit Reporting, Telephone Consumer Protection Act. Booty awaits!

Presented by: Cary Flitter, Esq.

Consumer law violations are common problems for debtors and can be filed in bankruptcy court or district court. Most provide statutory attorney fees. Philadelphia consumer lawyer Cary Flitter will help you to triage your cases.

About Our Presenter:

avatar for Cary Flitter

Cary L. Flitter

Cary L. Flitter practices consumer law with Flitter Milz, P.C. located in suburban Philadelphia and New Jersey. Cary serves on the adjunct faculty at Temple University Beasley School of Law in Philadelphia and Widener University School of Law in Wilmington, Delaware, where he teaches Consumer Law and Litigation including Fair Credit Reporting, Fair Debt Collection, and class action. He has guest lectured on consumer law issues at Harvard Law School, The University of Pennsylvania Law School, and other venues. Flitter is a contributing author to Pennsylvania Consumer Law by Bisel Publishing Co. This is the leading treatise in Pennsylvania on consumer law. He is also a contributor to Consumer Class Actions 5th Ed. by the National Consumer Law Center. Cary was invited by the Federal Trade Commission to participate in workshops on Collection of Consumer Debt. Cary’s consumer cases in the Court of Appeals include Brown v. Card Service Center, 464 F.3d 450 (3d Cir. 2006) (seminal circuit case on deception under FDCPA); Rosenau v. Unifund, 539 F.3d 218 (3d Cir. 2008) (successful challenge to phony “legal department” in dunning letter); Cappuccio v. Prime Capital, 549 F.3d 180 (3d Cir. 2011) (first impression holding that borrower’s testimony alone may be sufficient to rebut presumption of receipt of TILA disclosures); Gager v. Dell Fin. Serv., LLC, 727 F.3d 265 (3d Cir. 2013) (holding, in first impression, that consent to receive cellphone calls is revocable under Telephone Consumer Protection Act) and Douglass v. Convergent Outsourcing, 765 F.3d 299 (3d Cir. 2014) (holding, in first impression, that placing the consumer’s account number on collection envelope violates privacy provisions of FDCPA) Cary is the recipient of multiple pro bono awards for his work on behalf of low-income consumers and serves as the 2016 Co-Chair of the Federal Courts committee of the Montgomery (County, Pa.) Bar Association.

Register Today!

Bankruptcy News Briefs 12/8

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Breaking News: Second Circuit Court of Appeals Denies Request for Interlocutory Appeal in FDCPA Voice Message Case

Group of 10 Consumer Advocates File Amicus Brief in Case on Constitutionality of CFPB

2nd Cir. Rules Successful Offer of Judgment Mooted TCPA Putative Class Action

Fasten Your Seatbelts For The Case Of This Mafia-Style Consumer Litigation Operation

TCPA Case Allowed to Proceed, But Not as Class Action

FCC Denies MBA’s Petition to Exempt ‘Servicing Calls’ from TCPA

Federal Judge Determines That 18 Calls Over Two-Week Period Does Not Violate FDCPA

CFPB Projects “Prerule” Activities for the Debt Collection Rulemaking to Continue Through February 2017

Nevada Personal Injury Exemption Applies on a Per-Claim Basis

CFPB fines three reverse mortgage lenders over deceptive advertising

CFPB on Collision Course with Trump’s Justice Department

New Jersey Will Forgive Student-Loan Debt of Dead Borrowers

Federal Appellate Court Rules That Post-Acceleration Payment in Bankruptcy Constitutes Optional Redemption

Upcoming NACBA Events

2016 VIRTUAL BANKRUPTCY WORKSHOP

A two (2) day overview of cutting edge consumer bankruptcy education in a virtual format presented by some of the top bankruptcy experts in the United States.

DATES: Friday, December 9, 2016 & Friday, December 16, 2016

TIMES:
Friday, December 9: 12:00 PM – 3:30 PM EASTERN and
Friday, December 16: 12:00 PM – 3:00 PM EASTERN

Schedule conflict? No worries at all.
Register by 12/8/16 and the recordings will be emailed to you upon request.


COST:
$99 NACBA Members, $199 Non Members

INCLUDES:
All Materials, Certificate of Attendance, Seminar Recordings, Live Q&A

REGISTER HERE

NACBA Webinars Web Banner (1)

Give yourself a gift and register for December’s Webinar!

Growing Your Bankruptcy Practice in 2017 and Beyond

Date: Wednesday, December 14, 2016
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 minutes)
Presenter: Richard James, CEO, Office of Richard James
Cost: No Cost to NACBA Members – Member Benefit

Register HERE

If you want to build a law firm that supports your lifestyle, instead of undermining it, then join Richard James on Wednesday, December 14th at 3 PM ET. If you want 2017 to be the year that you finally build the law firm of your dreams, then you have to be on this webinar training. Learn the key strategies that hundreds of Richard James’ clients are using to grow like never before. This is real world, in the trenches advice you can put to practice right away.

Celebrate 25 Years of NACBA!

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

Interested in Sponsorship Opportunities at #NACBA25? Check out the Prospectus and join us in 2017!

JOIN NACBA TODAY

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