NACBASEA Session Spotlight

#NACBASEA Session Spotlight!

Join Us On This Expedition!

Sunday, October 9th, 11:00 AM-12:00 PM

“Chasing the Elusive White Whale: Harpooning the Current Mortgage Issues You Have to Know”

Start your adventure with our presenters, Max and John as they 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.

Presenters:

Max Gardner

O. Max Gardner III, Esq. 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, Business Week, 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.

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).

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#NACBASEA Session Spotlight With Cary Flitter

Searching For Treasure?

Then dive into today’s #NACBASEA Session Spotlight…

“Find a Treasure Trove of Consumer Law Violations in Your Bankruptcy Treasure Chest: Fair Debt, Credit Reporting, Telephone Consumer Protection Act. Booty Awaits.”

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 on Sunday, October 9th, 10:00 A.M-11:00 A.M.

Presenter:

Cary 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.

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#NACBASEA Spotlight with Hank Hildebrand and John Rao

What in the World is Triskaidekaphobia?

Find out in the #NACBASEA Session…

“Even Cruisers Have Fears: Getting Over Your Triskaidekaphobia: Straight Talk About Chapter 13”

Join us on Sunday, October 9th from 8:15 am-9:45 am to learn how to build a Chapter 13 practice. Plus learn recent developments in Chapter 13, creative uses of chapter 13 plans and creative plan terms, how to successfully litigate confirmation issues, when to challenge your Trustee and more with our presenters, Hank Hildebrand and John Rao.

Hank Hildebrand

Mr. Hildebrand has served as Standing Trustee for Chapter 13 matters in the Middle District of Tennessee since 1982 and as Standing Chapter 12 Trustee for that district since 1986. He also is of counsel to the Nashville law firm of Farmer, Purcell, White and Lassiter, PLLC. Mr. Hildebrand graduated from Vanderbilt University and received his J.D. from the National Law Center of George Washington University. He is a fellow of the American College of Bankruptcy and serves on its Education Committee. He is Board Certified in consumer bankruptcy law by the American Board of Certification. He is Chairman of the Legislative and Legal Affairs Committee for the National Association of Chapter 13 Trustees (NACTT). In addition, he is on the Board of Directors for the NACTT Academy for Consumer Bankruptcy Education, Inc. Mr. Hildebrand has served as case notes author for The Quarterly, a newsletter dealing with consumer bankruptcy issues and Chapter 13 practice in particular, since 1991. He is a regular contributor to the American Bankruptcy Institute Journal. He is an adjunct faculty member for the Nashville School of Law and St. Johns University School of Law.

John Rao

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#NACBASEA Spotlight with Richard H. Nemeth and Paul Maschmeyer

Dry Docking Aggressive Trustees: Getting the Overreaching Chapter 7 Trustee Out of the Water and Onto the Shore!

Saturday, October 8th 11:00 AM-12:00 PM

Are your clients being subject to out of line requests and turnover actions by overbearing Trustees? Richard Nemeth and Paul Maschmeyer will discuss methods of dealing with these actions including responding to information requests, use of extensions of time to object to requests by the Trustee and how to use the political system to help your client.

Learn how to defend turnover of mass tort awards and college tuition fraudulent conveyance litigation, and how to exclude inherited IRA from property of the estate (In re Clark). Stop requests to turn over convenience accounts and use secured creditor carve outs to help your client, not hurt them, and much more.

Presenters:

Richard H. Nemeth (Hal)

Mr. Nemeth is a consumer and small business bankruptcy practitioner and litigator in Cleveland, Ohio and the ND Ohio state chair for NACBA. He has been practicing bankruptcy law in Cleveland for over 25 years.In July, 2008, Mr. Nemeth was named NACBA Member of the Month for spearheading a successful effort to get the Ohio legislature to adopt a new and far more consumer-friendly exemption statute. Mr. Nemeth is a frequent speaker at local, regional and national continuing legal education seminars, and is often asked by reporters to comment on consumer issues for local and national media publications. He has been involved in a considerable amount of consumer litigation, representing borrowers against lenders, mortgage brokers, servicers, collection agencies and their law firms in stay and discharge violation, breach, fraud, civil conspiracy, truth-in-lending, RESPA, FDCPA and other matters in which he has won substantial awards for his clients. Mr. Nemeth is a graduate of Case Western Reserve University and the Cleveland-Marshall College of Law.

Paul Maschmeyer

Mr. Maschmeyer is a Shareholder/Director of Maschmeyer Karalis P.C. This firm limits its practice to Bankruptcy, Corporate, Corporate Reorganization, Litigation, Insolvency,Creditors’ Rights and Real Estate Law. Mr. Maschmeyer has represented trustees in many bankruptcy liquidations, official creditors’ committees and debtors in numerous Chapter 11 reorganizations.Mr. Maschmeyer is a member of the Philadelphia and Pennsylvania Bar Associations, the Eastern District of Pennsylvania Bankruptcy Conference, the American Bankruptcy Institute and the National Association of Bankruptcy Trustees. He is a member of the Board of Directors of the Consumer Bankruptcy Assistance Project.In addition to holding an AV® rating from Martindale-Hubbell, Mr. Maschmeyer is certified as a Business Bankruptcy Law Specialist by the American Bankruptcy Board of Certification and an author of Colliers Handbook for Trustees and Debtors-in- Possession. He is recognized by Philadelphia Magazine as a Pennsylvania Super Lawyer in the practice area of Bankruptcy and Creditor/Debtor Rights.

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