NACBA

Bankruptcy News Briefs 10/7

News Kicking Off the Weekend…

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National consumer and civil rights groups urge CFPB to strengthen payday and car title lending rule

Office of the Inspector General Identifies Management Concerns at CFPB

Consumer Loan Delinquency Rates Continue to Improve

Subprime Auto Delinquency Rates on the Rise

Important NACBA Notice

Hurricane Matthew Forces Cancellation of NACBA Workshop.

Upcoming NACBA Events

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 9/29

Check Out Today’s Headlines…

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TCPA Case Law Review for August 2016

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

LendUp Feels Growing Pains As CFPB Orders Payment for Misleading Practices

Unsecured Creditors May Expect Better Recoveries in Bankruptcy

Wells Fargo Isn’t the Only Bank That Draws Cross-Selling Complaints

House Democrats Push CFPB for Stronger Payday Rule

CFPB September 2016 complaint report highlights money transfer complaints, complaints from Pennsylvania consumers

Advocates seek more limits on debt collectors

Monthly Consumer Litigation Increases for FDCPA; TCPA Cases Decline

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 9/21

What’s Happening this Wednesday?

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Survey: Majority of Consumers are Concerned About Identity Theft

California Amends Requirements for Debt Collectors Responding to Consumer Claims of Identity Theft
House Committee Approves Dodd-Frank Replacement Bill

Senate and Congressional Hearings – Lots of Noise, but What Impact?

Former Regulator Points to CFPB Failure behind Wells Fargo Scandal

Stern Amendments to Bankruptcy Rules

Landlords, Leases and Financial Distress

CFPB consumer complaint database about to hit 1 million complaints

The Government’s Plan to Reduce Student-Loan Defaults Helps Borrowers Who Need It Least

ONE DAY LEFT UNTIL TOMORROW’S WEBINAR

NACBA Webinars Web Banner (1)

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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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 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 9/19

A New Week with New Headlines…

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House Subcommittee Sets Hearing to Discuss TCPA

California Amends Identity Theft Requirements for Debt Collectors

Study: Small Business Owners Top Consumers in Credit Management

Is the Wait for the ED Contract Almost Over?

Seventh Circuit Holds that a Validation Notice in a Complaint to Collect a Debt Violated §1692e of the FDCPA

College debt collection practices under scrutiny

As Student Loan Defaults Increase, So Do the Scams

Consumer debt nearing dangerous levels

REGISTER FOR THIS WEEK’S UPCOMING WEBINAR

NACBA Webinars Web Banner (1)

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!

Sail-Away-1024x551 (1)

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 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 9/12

Jump Starting Your Week…

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Pace of Consumer Borrowing Rebounds in July

Economy in a Snapshot: Credit Card Use Declines

Illinois Court Holds Rule 67 Motion to Deposit Funds Moots Individual and Class TCPA Claims

Stellar Recovery Secures Milestone Victory in TCPA Case

The Wells Effect

US Credit Card Debt to Top $1 Trillion in 2016

REGISTER FOR UPCOMING WEBINARS

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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

EARLY BIRD RATE IS EXTENDED! REGISTER TODAY FOR SAVINGS!

Sail-Away-1024x551 (1)

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 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 9/9

News Making Headlines…

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Year-Over-Year Bankruptcy Filings Increase in August

Wells Fargo $185 Million Penalty is a Warning to Collectors, Too: Look Hard at Your Compensation Plans

U.S. District Court Judge Dismisses Collection Litigation Suit Against Bank of America

FDCPA Case Law Review for August 2016, a Busy Month

NACBA and NCLC Enter Fair Credit Reporting Arena

The Massachusetts Supreme Judicial Court Lends a Helping Hand to Inadvertent Lender Omissions in the Execution of Mortgage Acknowledgements

Divided Court Rules Proof of Claim for Stale Debt Does Not Violate FDCPA

California Court Weighs in on “True Lender” Issue as CFPB Expands its UDAAP Enforcement Authority

Information Asymmetry: The CFPB Proposes Changes To The Rules Governing Confidential Information

Student Loan Forgiveness Could Be Coming to NJ

TCPA Case Dismissed In Part On Economic Damages Analysis

UPCOMING WEBINARS

NACBA Webinars Web Banner (1)

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

Sail-Away-1024x551 (1)

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 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

NACBA Webinars Web Banner (1)

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!

Bankruptcy News Briefs 8/18

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Take a Look at These Headlines…

New York Fed: Consumer Spending Growth ‘Robust’ in June

DOR Collection Violates Confirmation Order

NCLC and 39 Others Urge Department of Education to Address Racial Disparities in Student Loans

Judge Cites “Zone of Interests” Protections, Dismisses “Nomorobo” TCPA Lawsuit

Mystery Shoppers’ for Home Loans: CFPB Uses Undercover Techniques on Bank

Group Challenges CFPB Arbitration Rule As ‘Arbitrary’ And Unsupported By Data

CFPB Proposed Arbitration Rules Vital to Consumers: Pew Research

Over Four Hundred Years of Law on Fraudulent Transfers, Flushed Down the Drain

UPCOMING WEBINARS

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Register for Today’s Webinar!

CFPB Proposed Rule on Payday & Car Title Lending
DATE: Thursday, August 18, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTERS:
Ms. Ellen Harnick, Senior Policy Counsel & Western States Director, CRL
Ms. Lisa Stifler, Deputy Director of State Policy, CRL
REGISTER HERE

Payday lenders purposefully ensnare people in debt they can’t escape. Payday and car title lenders drain more than $8 billion in fees annually. They collect 75 percent of their fees from people stuck in more than 10 loans a year by charging 300 percent APR. It’s a debt trap. Payday loan borrowers are more likely to fall behind on other bills and to file for bankruptcy.

In June, the CFPB proposed new rules to address the payday car title lending debt trap. Learn from experts at the Center for Responsible Lending about the payday loan debt trap, the proposed regulations, and how you can take action to strengthen the proposed rule.

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

Every attorney wants a referral-based practice, but most attorneys struggle to consistently get enough referrals. We have uncovered the secrets of referrals and will teach you:

  • The 3 biggest reasons why you’re not getting more referrals…and what to do about it
  • Creating a plan to double your referrals in the next 6 months
  • The 4 most commonly overlooked places to increase your referrals

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

GET READY TO SET SAIL!

Enter to Win!

Free Registration to NACBA’s 2016 Fall Workshop Members-Only Cruise (Miami, FL – Nassau, Bahamas)

October 6-10, 2016

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Visit the NACBA Facebook page and enter to Win a Free Registration to the Fall Workshop Members Only CruiseJust LIKE the Post & SHARE on your page for a chance of winning one (1) FREE Registration (total value $594) to NACBA’s 2016 Fall Workshop Members Only Cruise (Miami, FL – Nassau, Bahamas), October 6-10, 2016. This prize package includes registration to the Pre-Cruise Tax Session.

Contest Expires August 26th, 2016 Winner Announced August 29th, 2016 . Non-Transferable. One (1) winner selected. Current Membership in NACBA Required. Good luck!

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!

Bankruptcy News Briefs 8/9

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Today’s Bankruptcy News Briefs…

Eighth Circuit Lets the Fox in the Henhouse

Illinois Governor Vetoes Private Debt Collection Bill

Consumer Borrowing Slows in June

CFPB Amends Servicer Rules

CFPB Considering Debt Collection Reform Proposals

CFPB Issues Final Mortgage Servicing Rules

Rogue debt collectors: Our view

The Real Student Loan Crisis: Debt-Fueled Tuition Inflation

Legislators Take Aim at New Jersey Student Loan Program’s Tough Tactics

UPCOMING WEBINARS

NACBA Webinars Web Banner (1)

How To Build a Thriving Bankruptcy Practice In A Down Market
DATE: Thursday, August 11, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTER: Mr. Richard James
REGISTER HERE

CFPB Proposed Rule on Payday & Car Title Lending
DATE: Thursday, August 18, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTERS:
Ms. Ellen Harnick, Senior Policy Counsel & Western States Director, CRL
Ms. Lisa Stifler, Deputy Director of State Policy, CRL
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

CONSUMER BANKRUPTCY JOURNAL HIGHLIGHT

Take a moment to read the in depth, “NCBRC Report,” in today’s Consumer Bankruptcy Journal Spotlight. Read the Cases in Review such as; Chapter 7 Reaffirmation of Debt, Proof of Claim-Secured Claim-Post Petition Charges, Property of the Estate-Avoidance of lien impairing exemption, and more.

MARK YOUR CALENDARS

Free Registration to NACBA’s 2016 Fall Workshop Members-Only Cruise (Miami, FL – Nassau, Bahamas)

October 6-10, 2016

Sail-Away-1024x551 (1)

Visit the NACBA Facebook page and enter to Win a Free Registration to the Fall Workshop Members Only CruiseJust LIKE the Post & SHARE on your page for a chance of winning one (1) FREE Registration (total value $594) to NACBA’s 2016 Fall Workshop Members Only Cruise (Miami, FL – Nassau, Bahamas), October 6-10, 2016. This prize package includes registration to the Pre-Cruise Tax Session.

Contest Expires August 26th, 2016 Winner Announced August 29th, 2016 . Non-Transferable. One (1) winner selected. Current Membership in NACBA Required. Good luck!

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!