Debt Collection Violations In Bankruptcy
Saturday, May 21st, 2:30 pm – 3:45 pm
Debtors are frequently are subject to debt collection conduct that violate the FDCPA. This session will look at FDCPA claims arising before, during and after bankruptcy.
David J. Philips
Philipps & Philipps, Ltd.
David J. Philipps is a partner in the law firm of Philipps & Philipps, Ltd., in southwest suburban Chicago. David is a graduate of the University of Illinois College of Law and Loyola University of Chicago. David is a founding member of the National Association of Consumer Advocates (1995), was the Illinois State Chair for NACA (2008-2013), and was elected to its Board of Directors in 2013. In 2011, he was named the NACA Private Attorney of the Year and last year he received an Award of Excellence for Pro Bono Service from the Judges of the Northern District of Illinois and the Chicago Chapter of the Federal Bar Association. David has lectured throughout the country at numerous FDCPA and class action seminars for NCLC/NACA and at seminars for his opponents. His practice consists mainly of litigation for seniors and disabled persons who have been defrauded, or subject to illegal collection activity or
improper credit reporting; he has worked on and/or been appointed class counsel in about 185 cases, which have recovered more than $75,000,000 for defrauded or abused consumers.
Notable FDCPA appellate court cases litigated by David, and his law partner and sister, Mary, include: Gammon v. G.C. Services Limited Partnership, 27 F.3d 1254 (7th Cir. 1994)(unsophisticated consumer); Newman v. Boehm, Pearlstein & Bright, Ltd., 119 F.3d 477 (7th Cir. 1997)(condo and homeowner’s association dues covered by FDCPA); Turner v. J.V.D.B. & Associates, Inc., 330 F.3d 991 (7th Cir. 2003)(no intent as to false statements); Horkey v. J.V.D.B. & Associates, Inc., 333 F3d 769 (7th Cir. 2003)(calls at work and profanity); Chuway v. NAFS, Inc., 362 F.3d 944 (7th Cir. 2004)(amount of debt); Randolph v. IMBS, Inc., 368 F.3d 726,728-730 (7th Cir. 2004 (bankruptcy code does not preclude FDCPA); McMillan v. Collection Professionals, Inc., 455 F.3d 754 (7th Cir. 2006)(implying consumer was dishonest is actionable); and, Evory v. RJM Acquisitions Funding LLC, 505 F.3d 769 (7th Cir. 2007)(false statements made to consumer’s attorney are actionable and limited-time settlement offer collection letters are actionable).
John Steinkamp & Associates
John Steinkamp received his B.A. in 1991, at Indiana University, Bloomington, IN and a J.D. in 1996 at Temple University School of Law, Philadelphia, PA. Since 2007 he has been the sole owner of John T. Steinkamp & Associates, a 3 attorney law firm. The practice areas consist of almost entirely consumer bankruptcy work and bankruptcy Litigation. From 1997 – 2000 he served as the Staff Attorney in the Consumer Protection Unit of the Indiana Department of Insurance. John is a member of the following professional associations:
- Member, National Association of Consumer Bankruptcy Attorneys (”NACBA”)
- Member, American Bar Association
- Member, Indiana State Bar Association
- Member, Indianapolis Bar Association
Security Clearances & the SCRA
Friday, May 20th, 4:15 pm – 5:30 pm
Ron Sykstus is the managing partner of Bond, Botes, Sykstus, Tanner & Ezzell, P.C. in Huntsville, Alabama and Decatur, Alabama. Born and raised in Chicago, Illinois, Ron enrolled at the University of Arizona in Tucson for his college education. While in college, he attended the U.S. Marine Corps’ Officer Candidate School in Quantico, Virginia and, following completion, the U.S. Army offered Ron a full academic ROTC scholarship. Commissioned as a Second Lieutenant in the U.S. Army upon graduation, Mr. Sykstus was placed on educational delay by the U.S. Army in order to attend law school at the Northern Illinois University College of Law in Dekalb, Illinois. He graduated in 1987 with his Juris Doctorate degree. Mr. Sykstus then entered active duty as a Captain with the U.S. Army Judge Advocate General’s Corps.
He served at Fort Bliss, Texas as the lead prosecutor for the 11th ADA Division and the 3rd Armored Calvary Brigade and as a Special Assistant U.S. Attorney in El Paso, Texas. Ron was awarded a Meritorious Service Medal for his service at Fort Bliss.
Mr. Sykstus was subsequently stationed at Fort McClellan, Alabama as the Senior Defense Counsel with the U.S. Army’s Trial Defense Service. Upon his honorable discharge from the U.S. Army, Ron was awarded another Meritorious Service Medal for his service throughout Alabama. Ron then joined the Bond and Botes team of lawyers and has been there ever since.
Social Media In a Bankruptcy World
Saturday, May 21st 9:15 am – 10:30 am
Professor of Law
#NACBASF Will Encourage You to Think Outside the Box!
Attend the “Business Opportunities Beyond Bankruptcy,” Session
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.
Ms. Doling is admitted to practice in California and Nevada. She opened her law firm in 2001, representing debtors in Chapter 7 and Chapter 13 bankruptcies, as well as related consumer rights litigation. Ms. Doling received an Academic Achievement Award in Bankruptcy and was also honored with an award for excellence from the American Bankruptcy Law Journal. Ms. Doling is a long-standing member of NACBA, NCLC, and the Inland Empire Bankruptcy Forum. She also serves on the Central District of California Chapter 13 Committee working with local trustees and judges. She is a board member for IEBF. In addition, Ms. Doling has presented seminars on Judgment Enforcement in California, and was formerly a California State Licensed Collection Agent prior to attending law school. These experiences have given Ms. Doling a unique perspective on the collection agency industry. Ms. Doling presented at NCBJ on the Social Security exclusion issue and at NACTT in August, 2013.
Gene Melchionne is a native of Waterbury, Connecticut and currently resides and practices there. He is an avid boater, amateur musician, and MacUser, spending every weekend on his boat with his guitar and iPad. He is a member of the Board of Directors for National Association of Consumer Bankruptcy Attorneys. He graduated from Drake University School of Law in 1980 where he received the American Jurisprudence Award for academic excellence. In 2007, he was appointed to the Supreme Court’s Commission on Foreclosures, a role he continues in to this day. Formerly, Melchionne was Vice President of the Waterbury Credit Bureau and a member of the Northwestern Regional Council of the American Institute of Banking and the only attorney to receive its prestigious Ken Kovel Award. He has also been repeatedly recognized by the U.S. Bankruptcy Court for Pro Bono service to indigent consumers.Gene is a long-time member of NACBA and a national speaker on bankruptcy law, consumer representation and use of technology in the law office. He has been featured on the PBS show “NOW“, appeared on a segment of “Your Money” on CNN and the CBS Evening News. He has been interviewed by the New York Times, Business Week, the Connecticut Law Tribune and numerous Connecticut newspapers. He has testified before the Connecticut legislature and in court as an expert in bankruptcy law issues.
I am a small firm practitioner in the Orlando area. I have concentrated on consumer bankruptcy practice since 2007, after handling real estate closings for ten years after law school. I have one associate that does not handle bankruptcy, but our practice areas complement each other.
I consider myself to be in the best possible district to help debtors. The Middle District of Florida was one of the first locations to start a mortgage mediation program in 2010. In 2014, I was a NACBA speaker on the mortgage mediation panel in New York City.
Around 2013, I added student loan law to my consumer practice. I was asked to speak for NACBA again for the Student Loans in Bankruptcy Workshop Webinar in October 2015.
As more of my chapter 13 clients obtain their discharges, I am exploring other areas in which I can help old and new clients and turn their matters into opportunities to supplement and pivot my practice during a downturn in bankruptcy filings.