NACBASEA

Bankruptcy News Briefs 9/6

Midweek Headlines from NACBA…

Contingent Interest in Realty Commissions Is Property of Estate

Statement re: DeVos Decision to Stop Working with CFPB to Protect Student Loan Borrowers

Department of ED to CFPB: Thanks, We’ll Handle Oversight of Student Loan Servicers by Ourselves

Chapter 7 Debtor Could Not Deduct $1,540 in Monthly Expenses he Paid for Adult Daughter’s Family as “Special Circumstances” on Means Test

FTC Enters Consent Order with Final Defendant in Alleged 2015 Debt Collection Scheme

Does a removed trustee have a duty to see to it that the fiduciary reins are assumed by a qualified successor?

New credit accounts growing faster than consumers’ incomes

Why filing bankruptcy may not necessarily stop a home foreclosure

Unpaid Medical Bills Rise As Congress Weighs Obamacare Fix

2017 Hill Day Registration is Open!

Don’t miss NACBA’s 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

Please sign into your NACBA Member Account to Register now for Hill Day at Home!

DEADLINE TO REGISTER IS FRIDAY, SEPTEMBER 22, 2017

Upcoming Webinar!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BYEdward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non Member
REGISTERHERE

NACBA Events

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

 

Bankruptcy News Briefs 8/31

Take A Moment to Read the Headlines…

Study: Millennials’ Credit Card Use is On the Decline

Wells Fargo: There were nearly 70 percent more potentially fake accounts opened than originally thought

TCPA Case Law Review for July and August 2017

New Collection Letter Lawsuits in California and New York: What Your Agency Needs to Know Now

Debtor Could Not Counter Motion to Lift Automatic Stay with Proposal to Pay Post-Petition Arrears on New Payment Schedule, as that would be an Alteration of Payment Terms in Violation of the Anti-Modification Clause in §1322(b)(2)

Debt Collector Fined $25 Million

Butte County couple accuse debt collector of FDCPA violations

Debt settlement a bad alternative to bankruptcy

Debtor Who is Neither a U.S. Citizen nor a Permanent Resident May Claim Florida’s Homestead Exemption

Recent Massachusetts AG consent order places new requirements on debt collection law firm

San Diego firm supposedly defamed and abused process with Philly plaintiff

Upcoming Webinar!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BYEdward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non Member
REGISTERHERE

NACBA Events

  • NACBA’s 2017 Hill Day at Home October 16- October 20, 2017.
  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 8/29

Check Out Today’s Headlines…

From the Web: CFPB Expected to ‘Scale Back’ Rule on Small-Dollar Lending

Another U.S. District Court Rules Human Call Initiator is Not an ATDS

Court Dismisses CFPB Lawsuit Due to Willful Failure to Participate in Discovery and Obey Court Orders

Advocates File Amicus Brief To Defend Consumers Against Capital One Overdraft Fee Practice

CFPB Releases Misleading Report On Social Security Deferral Strategies

A Law Firm ‘Cleverly’ Used Ellipses to Fight a CFPB Investigation. But It Still Lost.

Debt Collector Not Liable Under The TCPA For Post-Revocation Calls Made On Behalf Of A Different Creditor

Debt collector accused of violating phone privacy law

Ohio Number One For Student Loan Debt

If anti-consumer bank law is passed, more Wells Fargo-like scandals are coming

Consumer Credit: Privilege Or Entitlement?

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically 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.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

Andrew Carroll gives an insight into a rather complicated matter in his article,” The Preemption of State Court Claims Based on Frivolous Bankruptcy Actions: When the Overwhelming Weight of the Authority Isn’t Enough,” in today’s Consumer Bankruptcy Journal highlight.

Exciting Upcoming Events!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 8/28

Fresh Headlines for a New Week…

Clark v. Rameker Does Not Limit State IRA Exemption

Consumer Litigation Cases Decline Under FCRA, FDCPA, and TCPA

From the Web: Survey Shows Most Consumers Lag in Checking Credit Report

Circuit Court: Disallowed Portion of State’s DSO Claim Not Subject to the Discharge Injunction

Chapter 13 Debtor May Confirmed Plan to Surrender Collateral and Reclassify Claim as Unsecured

CFPB Could Scale Back Payday Lending Rule To Get It Done

Wells Fargo wants court to toss overdraft lawsuits and let it use arbitration

CFPB Issues Temporary Amendment to HMDA Rule Reporting Threshold

Trustee’s Motion to Dismiss Chapter 7 Case for Bad Faith was Untimely and Moot when filed 4 Months After Debtor Received Discharge

CFPB’s New Regulatory Inquiry Process: Ask And Ye Shall Receive?

Eleventh Circuit Recognizes Partial Consent Revocation under the TCPA

CFPB releases state-level data on student debt impact on older borrowers

Quality Over Quantity

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically 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.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

Take an in-depth look at, “The Bankruptcy Crisis in Chicago,” with authors, Steven Fox and J. Scott Bovits in today’s Consumer Bankruptcy Journal highlight.

Exciting Upcoming Events!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

 

Bankruptcy News Briefs 8/24

Check Out What’s Happening in the News…

Court to Hear Wells Fargo’s Bid to Block 49-State Overdraft Fee Class Action

California District Court Dismisses FDCPA Claim Over a Potential Convenience Fee for Lack of Article III Standing Under Spokeo

TCPA Student Loan Calls Case Dismissed – Court Determines TCPA Exception Applied

District Court: Bankruptcy Discharge did Not render Arbitration Agreement Unenforceable in FCRA Case

District Court Finds that Bankruptcy Court Could exercise its Civil Contempt Power under 11 U.S.C. §105(a) to remedy Violations of Discharge Injunction by City and School District

Student Loan Company Accused of Mismanaging Debt Forgiveness Program

American Express to pay $96 million over discriminatory card terms

JPMorgan, debt collector agrees to $4.3 mln settlement

Eleventh Circuit Moves Toward Bright Line Rule That Debtors Cannot Retain Real Property Post- Discharge Without Reaffirming the Mortgage Debt

Ferguson VS Navient

Read the Transcript for Ferguson vs Navient. This is a new area of law dealing with those types of student loans that are not automatically excepted from discharge. It shows that debtors who went through bankruptcy years ago with dischargeable student loans and have been hounded into repaying these discharged loans have a remedy for relief and punitive sanctions.  Submitted by Austin Smith.

Register for Today’s NACBA Webinar!

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically 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.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

As a member of NACBA, we know that one of the most valued membership benefits is the ability to correspond with your colleagues. NACBA’s online community, NACBA Connect enables you to join discussions, post questions and interact with your peers on a daily basis if you choose. Gene Melchionne’s article, “The Listserv is Dead! Long Live the Listserv,” gives you advice on how to get the most out of NACBA’s Online Community environment with clear and concise steps that will get you linked to your peers.

Exciting Upcoming Events!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 8/17

Headlines Making News…

Consumer Spending Levels Out in June

Section 553 of the Bankruptcy Code Preserves Rather Than Creates Setoff Rights

Total Household Debt Reaches a Record High

Senator Calls on Bank CEOs to Go on Record

Scam Claiming that Consumers Can Access Unpaid Social Security to Pay Debts Could Prove Costly

Abandonment of Acceleration

Bank’s Claim Allowed to Extent of State Court Foreclosure Judgment as Well as Post-Judgment Charges Reassessable Under State Law

Average student debt doubles in a decade

NAFCU asks Consumer Financial Protection Bureau to rescind prepaid account rule

Couple alleges debt collector violated phone privacy laws

Register for This Month’s NACBA Webinar!

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically 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.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

If you are interested in digital advertising for your firm, you’ll want to read Robert Hoglund’s article, “Digital Advertising Part II, Nine Things Your Salesperson May Not Want You To Know,” in today’s Consumer Bankruptcy Journal Highlight to avoid the common pitfalls so that you can take advantage of the benefits of digital advertising.

Exciting Upcoming Events!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 8/16

Midweek News…

Oregon’s District Court: Collection Agencies’ Omissions Don’t Automatically Equal Malevolence

Student Debt Collector Was ‘Abusive’: MN Commerce Dept.

BANKING Bucking The Recent Trend, Discover’s Charge-Offs Fell Last Month

Federal Judge Rules Bankrupt Woman Will Not Have Student Loans Discharged

One major way U.S. credit card debt is getting worse

NACBA Webinars!

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically 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.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

Not only does NACBA have an empowering webinar that will help you to unlock the power of social media, but Stephen Fairley from the Rainmaker Institute has also dropped more knowledge in his article, “What’s Your Excuse For Not Having a Law Firm Marketing Plan,” in the Consumer Bankruptcy Journal. Read why a marketing plan is essential to the growth of your firm and not just a side note.

Exciting Upcoming Events!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

NACBA at Sea; Now on Land With NACBA’s 2016 Virtual Workshop!

So you missed the NACBA Cruise? So did we but here is your chance to catch up!

JOIN US FOR NACBA’s 2016 VIRTUAL WORKSHOP

teleconf

NACBA is excited to announce our 2016 Virtual Workshop! Register for two days of informative sessions from the comfort of your office, home, or wherever is convenient for you! On Friday, December 9th and Friday, December 16th from 12:00-3:00 PM ET you’ll have the opportunity to listen to the experts discuss these hot topics:

  • The Cutting Edge: Hot Topics and Cool Trends Presented by: Tara Twomey, Esq.
  • Even Cruisers Have Fears: Getting Over Your Triskaidekaphobia! Straight talk about Chapter 13 Presented by: Hank Hildebrand Esq. & John Rao, Esq.
  • Dry Docking Aggressive Trustees: Getting the Overreaching Chapter 7 Trustee Out of the Water and on to the Shore! Presented by: Richard H. Nemeth, Esq. & Paul Maschmeyer Esq.
  • 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.
  • Sailing the Supreme Court Seas: The Top Supreme Court Consumer Bankruptcy Decisions
    Presented by: Tara Twomey, Esq. & Henry Sommer, Esq
  • Anchoring your Divorce and Bankruptcy Practice: There’s a Hole in My Boat! The Stay Doesn’t Stay Everything Presented by: Hon. Sandy Karlan (Ret.) & Ian Falcone Esq.
  • Chasing the Elusive White Whale:Harpooning the Current Mortgage Issues You Have to Know Presented by: Max Gardner, Esq. & John Rao, Esq.

Give yourself a gift this December and Register Today!

Here are the details:

COST: $99 NACBA Members, $199 Non Members

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

2 BONUSES: 1) The first 100 people to register will receive, at no additional cost, a copy of NCLC’s  Quick Guide to Federal Evidence and Objections 2) All attendees will be registered for a chance at winning 1 of 10 NCLC Consumer Bankruptcy Law & Practice 2016 Eleventh Edition.

REGISTER TODAY!

LEARN MORE

 

Hurricane Matthew Forces Cancellation of NACBA Workshop

Hurricane Matthew Forces Cancellation of NACBA Workshop
Dan LaBert | Latest News | October 4, 2016

It is with great regret to inform you that due to Hurricane Matthew and the current weather forecast issued for Miami and the Bahamas, NACBA has made the decision to cancel the 2016 Fall Workshop.

Given workshop attendees will be traveling from all parts of the country on Thursday and Friday AM when the storm is predicted to be hitting Miami, we believe in applying common sense and putting the safety of our members as the #1 priority.

Additional factors in canceling the workshop were as follows:

  • As of 5:00 PM Est. on Tuesday, the latest update has the storm tracking in a westerly direction. Florida Governor: Prepare for direct hit from Hurricane Matthew
  • The National Hurricane Center formally issuing both a hurricane watch and tropical storm warnings for Miami including points north and south of the city.
  • The state of Florida has issued a state of emergency due to expected hurricane conditions.
  • Travel advisories have been issues by almost all major airlines.
  • The threat to the entire Southeast Coast continues to grow.
  • POTUS canceled trip to Florida due to Hurricane Matthew.
  • Other legal associations have canceled their travel to the hurricane impacted area.
  • Even though the cruise line would re-route from the Bahamas to the Florida Keys, Key West is now embracing for storm impact.
  • Speaking with a cruise-line professional, even if the hurricane were to pass Miami by the time of our sailing, waters are expected to be “rough, choppy and possible bouts of sea sickness” will ensue.

As you may know, Royal Caribbean has not been forthcoming with information as they are trying to wait out any decision. Their website has not been updated in a timely fashion. The problem with their process is that it does not account for travel into Miami. Several of the workshop attendees and presenters are flying from the West Coast. They do not have the luxury of changing their flight to Thursday or Friday AM when conditions are expected to worsen.

Please know, NACBA will issue registration and cabin refunds (assuming you booked through the NACBA cruise agent) in a timely matter. We will also work with Royal Caribbean on postponing the cruise to a later date. Additionally, NACBA will consider a virtual format for the presentations that were to take place on board.

While we are terribly upset to cancel such an exciting event, the safety of NACBA members and their families take precedent over everything else. We have made every attempt to keep all attendees informed. We hope this decision will allow you to make the appropriate adjustments to your travel plans.

Thank you in advance for your understanding.

Bankruptcy News Briefs 10/3

It’s a Brand New Month with New Headlines…

nacbapicture

ACA Submits Comments on CFPB’s Proposed Consumer Complaint Closing Survey

Federal Student Loan Default Rates Continue to Decline

When CFPB Finds Deception Regardless Of A Lender’s Intent

Do I have to make all my post-petition mortgage payments to my bank during a chapter 13 case to receive my discharge?

Education Dept. Is Sued Over Debt Collection From Former Corinthian Students

Financial protection bureau concerned by some student loan servicers’ practices

Judge throws out three FDIC lawsuits over soured mortgage debt

Company allegedly targeting troops must provide $96 million in debt relief

Massachusetts Consumer Advocates Fight Debt Collectors

Upcoming NACBA Events

Sail-Away-1024x551 (1)

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!