NACBASEA

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 9/21

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

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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 9/13

Check Out Today’s Headlines…

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FTC Announces Latest Operation Collection Protection Actions

Keeping up with State Licensing and Enforcement Activity is Becoming a Full-Time Job For Collection Agencies

Advocates Applaud CFPB Action Against Bridgepoint Education for Predatory Student Lending Practices

CFPB Makes Bridgepoint Education Refund All Private Student Loans

Senate to hold hearing on Wells Fargo’s aggressive sales tactics

What You Don’t Say Can Hurt You: Fair Debt Collections Act

Credit card debt in second quarter sets record

Consumers’ Spending Expectations Fall, Income Expectations Continue to Rise

REGISTER FOR UPCOMING WEBINARS

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Join Stephen Fairley Tomorrow!

7 Keys to Building a Referral-based Law Firm

DATE: Wednesday, September 14, 2016, 3:00 PM EST / 12:00 PM PST
COST: FREE for NACBA Members
PRESENTER: Stephen Fairley, CEO, The Rainmaker Institute

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

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!

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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!

#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:

avatar for Cary Flitter

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.

Register Today!

Bankruptcy News Briefs 9/7

 

Midweek Headlines…

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DC Circuit Rejects FDCPA ‘Meaningful Involvement’ and Related State-Law Claims

CFPB Quietly Proposes Rule That Would Allow it to Share Confidential Supervisory Information with State AGs

Doctors Fight “Devastating” Bill in California Which Would Limit Revenue From Self Pay Patients

Limit on Right to Amend Homestead Exemption

Can I Be Sued for Filing a Time-Barred Claim? Fourth Circuit Weighs In

Florida Inferior Liens Not Extinguished If Recorded After Foreclosure Judgment – What To Do Now

Group Says CFPB ‘Ignored’ Positive Consumer Feedback on Payday Loans

Report Shows Huge Spike in Complaints From Banking Customers

Advisory Group to Examine Student Loan Debt Collection

How Some Millennials End Up Paying Their Parents’ Student Loan Debt

Retirees’ newest headache: Student loan debt

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

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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!

#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.
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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.
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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).

3 Reasons to Register for #NACBASEA Fall Workshop Today!

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Beside the obvious reason to register for the #NACBASEA Fall Workshop on October 6th-9th such as the great sessions, dynamic speakers CLE, the opportunity to network and a fabulous cruise ship here are three other reasons to register today and receive the Early Bird Rate:

  1. All Fall Workshop Registrants will receive, at no additional cost, a copy of NCLC’s Quick Guide to Federal Evidence and Objections (value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case — all in only 21 pages.
  2. All Fall Workshop Attendees will receive, at no additional cost, seven days (7) of complete access to the NCLC Digital Library (October 7 – October 14, 2016).
  3. Throughout the Fall Workshop, all attendees will be registered for a chance at winning 1 of 10 NCLC Consumer Bankruptcy Law & Practice 2016 Eleventh Edition (value $140). NACBA will be giving away up to 10 copies of the NCLC Consumer Bankruptcy Law & Practice 2016 Eleventh Edition.

Don’t miss the boat!

Register Today for the Early Bird Rate and Set Sail with NACBA for an Unforgettable Voyage!

Early Bird Rate Ends Today!

Tour the Enchantment of the Seas and Set Sail with NACBA!

One More Reason to Register for #NACBASEA!

Take a Tour on the Enchantment of the Seas!

Check out this public (non-NACBA) video posted on YouTube that provides a detailed walk-through of the Enchantment of the Seas! Remember, Friday, September 2nd ends the early pricing deadline of $395 registration!

Register Today and Set Sail with NACBA!

 

 

Bankruptcy News Briefs 8/29

Which Headlines Are Making News?

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Fourth and Seventh Circuits Peer Down from the Ivory Tower on FDCPA Issue

Creditor Rights Law Firms Well-Represented on CFPB’s Small Business Review Panel

U.S. Puts Private Student Loan Servicers on Notice: Play Nice

Filing TCPA lawsuits: ‘It’s what I do,’ professional plaintiff with 35 cell phones says

Consumer Finance Protection Bureau proves its value

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

The Fall Workshop

Congratulations!

The winner of the ($395 cruise + $199 pre-tax) 2016 Fall Workshop Members-Only Cruise is NACBA Member Joel Spivack!

 

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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!

#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:
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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.
avatar for Paul Maschmeyer
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.