NACBASEA

Bankruptcy News Briefs 8/25

What’s Making News Today?

nacbapicture

California Bill Changes How Debt Collectors Handle Identity Theft Disputes

Summary of the CFPB’s Outline of Proposals Under Consideration for Debt Collection Rulemaking

Judge Decides Sanctions Now Not Warranted in “Fanciful, Farfetched” FCRA Case

Mortgage Current Despite PNC’s Claim for Escrow Advances

CFPB Debt Collection Proposals Would Create Problematic New Substantiation Standard

3 groups pinpoint issues with CFPB arbitration proposal

New Protections Against Debt Collectors

Mobile App Operator Not Liable Under TCPA

UPCOMING WEBINARS

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

Deadline August 26th!

Only 1 Day Left to Win a Free Registration to NACBA’s 2016 Fall Workshop Members-Only Cruise (Miami, FL – Nassau, Bahamas)

Sail-Away-1024x551 (1)

Visit the NACBA Facebook page and enter to Win a Free Registration to the Fall Workshop Members Only Cruise! Just 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!

#NACBASEA Spotlight with Jessie Gabel Cino and Sandy Karlan

October 8th, 2016

#NACBASEA Session Spotlight

Can you have your client clean up her social media sites?
Can you friend someone in a case – opposing counsel, judge or opposing party?
Do you have to identify yourself? Can the UST use social media postings as evidence in adversary proceedings?

Learn the answers to these questions in Saturday’s session, at 10:00-11:00 AM, “Ethics: Sink or Swim with Social Media: Learn How to Ethically Use Social Media in Your Practice.”

Presenters:

Jessie Gabel Cino

Professor Gabel teaches courses on Forensic Evidence and Forensic Medicine. She also teaches bankruptcy and contracts. Her primary research focuses on fraud and ethics at the intersection of law and science. Professor Gabel has been interviewed by PBS Nova, National Public Radio, TruTV, RT America, and other news outlets. She has lectured throughout the U.S, in Poland, China, Taiwan and Australia.Professor Gabel received her JD magna cum laude from the University of Miami School of Law and her bachelor of science, summa cum laude, from the University of Central Florida. While in law school, Professor Gabel co-founded and served as the executive director for the Wrongful Convictions Project, which assisted defendants with claims of actual innocence. The Project continues its work and is now a fully-funded Innocence Clinic.

Prior to joining Georgia State University College of Law, she clerked for the Honorable Peter T. Fay, Circuit Judge for the United States Court of Appeals for the Eleventh Circuit. She then practiced law with Covington & Burling, LLP in San Francisco, California, focusing on white collar crime, bankruptcy, and pro bono death penalty work. While at Covington, Professor Gabel also taught classes at the University of California Hastings School of the Law.

Professor Gabel presents on forensic evidence, criminal law, business law, bankruptcy, and trial strategy. She also has written on a wide-range of topics, including the validity of forensic evidence genetic testing, forensic DNA identification, trial and jury tactics, bankruptcy fraud, lender liability, legal ethics, and bioethics.

Professor Gabel is also a frequent contributor of opinion pieces for various publications. In addition to being the author of a treatise titled The Law of Lender Liability, she is co-author of the Bankruptcy Appeals Manual, published by the American Bankruptcy Institute. In 2009, she received the American Bar Association’s Kathryn R. Heidt Memorial Award for her service, scholarship and practice, and in 2010 received a publication award from the American Bankruptcy Institute.

Professor Gabel consults on various criminal and bankruptcy matters and has engaged in numerous pro bono criminal defense representations. Recently, she successfully appealed a wrongful conviction and death sentence in Mississippi, resulting in her client’s freedom.

Sandy Karlan

Sandy Karlan is certified by The Florida Supreme Court as a family court mediator and is board certified by The Florida Bar in Marital and Family Law. She is the author of a chapter on Bankruptcy for the Matthew Bender six-volume series on Florida Family Law and is currently a commentator on bankruptcy law for The Florida Family Law Reporter published by Matthew Bender. She has also written numerous articles and lectured on bankruptcy and family law, and is regularly invited to teach at Judicial College.

Sandy Karlan was appointed by Governor Lawton Chiles to the Circuit Court in the Eleventh Judicial Circuit Court of Miami-Dade County where she served for almost 20 years until December 2014. During that time, she also served as the Administrative Judge of the Family Division. As Administrative Judge of the Eleventh Judicial Circuit’s Family Division, Sandy Karlan was responsible for projects including coordination between the Court and Department of Revenue regarding child support matters. She also helped to develop KidSide, Inc., a 501(c)(3) organization dedicated to providing funding for Family Court Services.

For several years, Sandy Karlan was a member of the Florida Supreme Court’s Family Court Steering Committee, which developed the model family court and the Florida Supreme Court adopted the model in May 2001. She was Chair of the Florida Bar Commission on the Legal Needs of Children, which studied the needs of children who appear in all divisions of Florida courts and produced a comprehensive report documenting the unmet legal needs of children, including recommendations to meet those needs in areas such as representation and confidentiality. That report provided a blueprint for changes that have subsequently been implemented.

Her recent appointment, as a member of the Florida Children and Youth Cabinet was made by Governor Rick Scott. The Cabinet’s statutory purpose is to ensure that services for children and youth are coordinated between state agencies and delivered to improve the quality of life for Florida’s children.

Sandy Karlan received her Juris Doctor degree in 1978 with honors from the Shepard Broad Law Center at Nova Southeastern University. In private practice for 17 years, she specialized in bankruptcy and family law.

Sandy Karlan received numerous awards throughout her career including the Greater Miami Jewish Federation Community Service Award and Legal Services of Greater Miami has created the Judge Sandy Karlan Law Student Fellowship in her honor. She is currently a board member and past President of the Florida Chapter of the Association of Family & Conciliation Courts (FLAFCC) and a member of the International Women’s Forum.

Bankruptcy News Briefs 8/19

nacbapicture

News Leading Into The Weekend…

Bank Card Default Rates Decline in July

Industry Gets Favorable Ruling in Debt Collection Envelope Case

Court Denies Professional TCPA Plaintiff’s Request to Amend Prior Judgment and Remand Case to State Court

Georgia District Court Dismisses TCPA Claim Due To Human Intervention

Consumer Groups Urge the Department of Energy to Strengthen Protections for Homeowners in Best Practice Guidelines

Fighting Back Against the Fine Print

CFPB Responds to Senate Letter on Tailored Regs

Finally A Clear Ruling On A Much Needed Bankruptcy Preference Defense

CFPB Finally Adopts Amendments To Its Mortgage Servicing Rules

Consequences Of The Millennial/Debt Relationship

Federal Court: OC’s Hounding of Mom for Son’s Juvie Detention Debt “Disturbing”

UPCOMING WEBINARS

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

GET READY TO SET SAIL!

Enter to Win!

Deadline August 26th!

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

October 6-10, 2016

Sail-Away-1024x551 (1)

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!

#NACBASEA Spotlight with Ian Falcone and Sandy Karlan

Any sailor will tell you that being able to anchor a ship is important to the crew and guests. Anchoring your law firm is equally important to your clients and your business. Learn how to do just that in the session, “Anchoring Your Divorce and Bankruptcy Practice,” on Saturday, October 8th from 8:30 am-9:30 am.

Here’s a fun look at what you’ll discuss in this sessions with Ian Falcone and Sandy Karlan:

There’s a hole in my boat! The stay doesn’t stay everything,

Keep it above board. Reviewing divorce forms to protect your client from committing bankruptcy fraud.

Over a Barrel: Dischargeability Issues

Any port in a storm: Who determines whether an award is a dischargeable?

Dead Reckoning: What determines whether an award is dischargeable?

Give me some slack: Learn the importance of language contained in the divorce decree

Batten down the hatches: Protecting attorney’s fees in discharge proceedings.

Presenters:

ian

Ian Falcone

The Falcone Law Firm, P.C.

Ian M. Falcone is a Senior Attorney with more than 20 years of legal experience with The Falcone Law Firm, P.C. located in Marietta, Georgia. The practice focuses on complex bankruptcy matters involving intertwined corporate and personal debt situations, tax liabilities and divorce related obligations. Mr. Falcone also handles contested and uncontested divorces,child support modifications, contempt cases, as well as small business representation and litigation.Mr. Falcone received his Bachelor of Science degree from the College of Engineering at Tufts University in 1989 and his Juris Doctor from Albany Law School in 1992. He has served as President of the Bankruptcy Section of the Cobb County Bar, President of the Solo and Small Firm Section of the Cobb County Bar, is a member of the Family Law Section of the Cobb County Bar, a member of the National Association of Consumer Bankruptcy Attorneys (NACBA), and a member of the Metro Atlanta Consumer Bankruptcy Attorney Group. He maintains a bankruptcy blog: BK Beyond the Basics which can be found at http://falconefirm.blogspot.com.

sandy

Sandy Karlan

Retired Circuit Court Judge, Center for Conflict Resolution

#NACBASEA Spotlight With Henry Sommer and Tara Twomey

#NACBASEA has a stellar schedule lined up for it’s Fall Workshop at Sea! The sessions kick off bright and early on Saturday October 8, 2016 7:00 am – 8:30 am! Grab your coffee and breakfast before you attend:

Sailing the Supreme Court Seas: The Top Supreme Court Consumer Bankruptcy Court Decisions

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. The panel will navigate the Court’s decisions on important consumer bankruptcy issues, including, exemptions, dischargeability, claims, discrimination, chapter 13 plans, lien stripping, and more.

Presenters:

Henry Sommer

Supervising Attorney
Philadelphia, PA

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.

tara

Tara Twomey

National Association of Consumer Bankruptcy Attorneys
Amicus Director
Carmel, CA

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.

Register Today for #NACBASEA and Receive the Early Bird Rate!

#NACBASEA Spotlight With Kent Anderson and Larry Heinkel

NACBA is thrilled to announce our Summit at Sea Member Only Workshop happening October 6th-10th! When you register for #NACBASEA you will have the opportunity to learn, earn CLE and network on the Royal Caribbean’s Enchantment of the Seas® Each week NACABA will highlight the sessions and speakers that will make this a voyage to remember!

We’re kicking off our spotlight with the Pre-Cruise Session at the Shelborne Wyndham Grand Hotel, in South Beach Miami. on Thursday, October 6th, from 1:00 p.m. to 5:00 p.m. Check it out!

Tax Problem Resolution for Bankruptcy Lawyers: Adding IRS Representation to your Portfolio of Skills.

Need to make more money without really learning another field? Want to provide added value for your clients? Kent & Larry will use a real life example and teach you from beginning to end how to use your existing bankruptcy analytical skills and add Tax Problem Resolution to your practice. Learn how to work out installment agreements (good for letting tax debts “age” for a future bankruptcy!), make Offers in Compromise, address undischarged taxes and liens, use the IRS national standards for your client’s benefit, and more, all while getting paid for it! Don’t miss it!

Presenters:

kent

Kent Anderson

Kent Anderson has lectured extensively for lawyers, realtors and tax professionals about Tax Liens, Tax Collection Defense, Mortgage Modifications, Chapter 13 Bankruptcy, and other Debtor-Creditor matters. He has been a featured speaker at the IRS National Tax Forum, Northwest Bankruptcy Institute, and the NACBA Annual Meeting. Kent has been active in the NACBA lobbying program for several years and was invited to speak at US Senator Jeff Merkley’s Mortgage and Foreclosure Solutions Summit. He is the current NACBA Oregon chair and continues to consult with the senator’s office on bankruptcy and foreclosure issues.

Kent established his private practice in 1978 and is admitted to practice before the U.S. District Court for the District of Oregon, the US Tax Court, the 9th Circuit Court of Appeals, and the US Supreme Court. Mr. Anderson is board certified in Consumer Bankruptcy by the American Board of Certification. His practice includes tax collection defense, contested audit, and consumer bankruptcy matters.

He is a member of the National Association of Consumer Advocates, the National Association of Consumer Bankruptcy Attorneys, and the Bankruptcy Law Network, LLC, where he currently holds the office of Treasurer. As chair of the Website Committee for the Oregon State Bar Debtor/Creditor Section and member of the local Bankruptcy Pro Bono committee, he contributes his expertise to state bar efforts. Kent has been a public board member of the Oregon Board of Psychologist Examiners since 2009. He is a contributing author on the LexisNexis Bankruptcy Law Center online forum and has worked with Lexis in developing and testing several versions of its software including its new TopForm 11 bankruptcy document assembly program.

Larry Heinkel

Larry Heinkel is a tax and bankruptcy attorney with more than 30 years experience helping businesses and individuals, solve their state and federal tax problems. Mr. Heinkel has been extremely successful in representing his clients before IRS and DOR, and is known throughout Florida as an expert in tax problem resolution.

Larry graduated from the University of Florida with honors in Accounting (B.S.B.A.), Law (J.D.), and Tax Law (LL.M.). He is listed among Florida Trend’s Florida Legal Elite and is a Member of The Law Review, was published twice and has served as an Adjunct Professor in tax and business law at Rollins College and the University of Central Florida MBA Program. Lean more about Larry at taxproblemsolver.com/

Plan to join us for this special session and earn some extra CLE before the cruise departs. To register for the sessions on land and sea, CLICK HERE!