NACBASF

Bankruptcy News Briefs 10/4

Midweek Headlines…

Pennsylvania Attorney General Seeks to Halt ‘Rollback of Critical Student Loan Protections’

Judicial Lien Need Not Be Enforceable To Be Avoidable

The ‘Let Them Eat Cake’ Party-The Senate GOP would send yet another tone-deaf message if it guts CFPB’s voluntary arbitration rule.

Judge says no to new trial for Houston debt buyer after $25 million verdict

Debt settlement vs. filing for bankruptcy: Pros and cons

U.S. economic growth expected to continue, Baird investment pro says

No U.S. Bailout for Puerto Rican Debt, Trump’s Budget Chief Says

The high cost of student loan debt

Unraveling the Equifax Data Breach

How the Bankruptcy System Is Failing Black Americans

Total New Hampshire bankruptcies fall in September

Senate Acts to Ease Pressure on Bankruptcy Courts and Increase Bankruptcy Fees

September 2017: Bankruptcy & Restructuring Litigation Update

NACBA’s 2017 Hill Day!

NACBA is excited for 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.

 

NACBA’s October Webinar Lineup!

 

The Listserv is Dead! Long Live the Listserv!

Date: Thursday, October 5th, 3:00 PM – 4:00 PM Eastern
Presented By: Dan LaBert, NACBA Executive Director
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

NACBA Membership Promotion! 

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • 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.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Save The Date!

 

  • 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!
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Bankruptcy News Briefs 8/18

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Take a Look at These Headlines…

New York Fed: Consumer Spending Growth ‘Robust’ in June

DOR Collection Violates Confirmation Order

NCLC and 39 Others Urge Department of Education to Address Racial Disparities in Student Loans

Judge Cites “Zone of Interests” Protections, Dismisses “Nomorobo” TCPA Lawsuit

Mystery Shoppers’ for Home Loans: CFPB Uses Undercover Techniques on Bank

Group Challenges CFPB Arbitration Rule As ‘Arbitrary’ And Unsupported By Data

CFPB Proposed Arbitration Rules Vital to Consumers: Pew Research

Over Four Hundred Years of Law on Fraudulent Transfers, Flushed Down the Drain

UPCOMING WEBINARS

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Register for Today’s Webinar!

CFPB Proposed Rule on Payday & Car Title Lending
DATE: Thursday, August 18, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTERS:
Ms. Ellen Harnick, Senior Policy Counsel & Western States Director, CRL
Ms. Lisa Stifler, Deputy Director of State Policy, CRL
REGISTER HERE

Payday lenders purposefully ensnare people in debt they can’t escape. Payday and car title lenders drain more than $8 billion in fees annually. They collect 75 percent of their fees from people stuck in more than 10 loans a year by charging 300 percent APR. It’s a debt trap. Payday loan borrowers are more likely to fall behind on other bills and to file for bankruptcy.

In June, the CFPB proposed new rules to address the payday car title lending debt trap. Learn from experts at the Center for Responsible Lending about the payday loan debt trap, the proposed regulations, and how you can take action to strengthen the proposed rule.

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

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

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!

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

October 6-10, 2016

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

Bankruptcy News Briefs 8/12

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Kicking Off Friday…

District Court Gets it Wrong in Chapter 13 Lien Strip Case

Crawford Case for FDCPA ‘Time-Barred’ Proof of Claim, Case Was Itself ‘Time-Barred’

7th Cir. Deepens Split on FDCPA Liability for ‘Time-Barred’ Claims

FCC Adopts TCPA Rules for Exemption of Federal Government Debt Collection Calls

Colleges Push Back on Student-Debt-Forgiveness Plan

Student debt collectors want to robo-call your cellphone, but FCC says not so fast

New Rules Could Make Robocalls Less of a Nuisance

What You Need To Know About New Rules Allowing Debt Collection Robocalls From Feds

Majority: Attempt to collect stale debt not deceptive

How Long are Arizona Judgments Enforceable?

UPCOMING WEBINARS

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CFPB Proposed Rule on Payday & Car Title Lending
DATE: Thursday, August 18, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTERS:
Ms. Ellen Harnick, Senior Policy Counsel & Western States Director, CRL
Ms. Lisa Stifler, Deputy Director of State Policy, CRL
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

CONSUMER BANKRUPTCY JOURNAL HIGHLIGHT

It’s the weekend! A Perfect time to read today’s Consumer Bankruptcy Journal Spotlight, “#NACBA2016: Is Your Business a Force to Be Reckoned With?” by Christine Kieta, P.C. 

MARK YOUR CALENDARS

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

October 6-10, 2016

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

Bankruptcy News Briefs 8/5

nacbapictureIn Today’s News…

New York Region’s Consumer Distress Remains Below National Average

CFPB Wants to Add Consumer Survey to Complaint Closing Process

FDCPA Case Law Review for July 2016

Credit Card Market Grows in First Quarter

Courts Continue to Look for “Actual Harm” in TCPA Cases

Singletary: New CFPB rules might limit access to credit

Cheat Sheet: How CFPB Is Changing Mortgage Servicing (Again)

PHH Corp. v. CFPB: Six Issues to Watch

Federal Reserve of St. Louis Issues Debt Report

NCLC Statement re: CFPB Final Mortgage Servicing Rules

Consumers Want Action On Illegal Debt Collection

Losing Both Ways: Debtor Diligence in the Identification of Claims

UPCOMING WEBINARS

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How To Build a Thriving Bankruptcy Practice In A Down Market
DATE: Thursday, August 11, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTER: Mr. Richard James
REGISTER HERE

CFPB Proposed Rule on Payday & Car Title Lending
DATE: Thursday, August 18, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTERS:
Ms. Ellen Harnick, Senior Policy Counsel & Western States Director, CRL
Ms. Lisa Stifler, Deputy Director of State Policy, CRL
REGISTER HERE

CONSUMER BANKRUPTCY JOURNAL HIGHLIGHT

#NACBASF was a convention to remember! Grace Pazdan shares her thoughts in her article, “The NACBA Convention Experience,” in today’s Consumer Bankruptcy Journal Spotlight.

MARK YOUR CALENDARS

Register Now for the Early Bird Rate!

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Join us to set sail for NACBA’s Summit at Sea (#NACBASEA) setting sail from October 7th-10thwith a a Pre-Cruise event  and a Launch Party on October 6th. Get great savings by taking advantage of the Early Bird Rate ending, September 2nd! Check out the ScheduleandRegisterToday!

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!

Bankruptcy News Briefs 7/25

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What’s New This Week?

Consumer Credit Default Rates Steady in June

CFPB Complaints Center Generates Results, and Controversy

Contact Frequency Is Key as CFPB Pursues Debt Collection Rules

CFPB again finds loan servicers routinely violate federal laws causing injury to homeowners

Are Those Taxes Owing On Your Late-Filed Tax Return Dischargeable? Maybe, But You Better Be In The Right Circuit

Caught in the Cross-Fire: Student Loan Lenders and Servicers’ Risks in the Bankruptcy Fight over College Tuition Clawbacks

Payday Loan Limits May Cut Abuse but Leave Some Borrowers Looking

Student Debt Helps, Not Harms, the U.S. Economy, White House Says

NACBA EVENTS

Register for The Summit at Sea’s Pre -Cruise Events on October 6th!

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In addition to the Summit at Sea, NACBA is offering a 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.  Kent Anderson and Larry Heinkel will talk Tax Problem Resolution for Bankruptcy Lawyers: Adding IRS Representation to your Portfolio of Skills

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! Afterwards join us for a Launch Party!

NACBA Membership Benefit

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Summer is a perfect time to catch up on the many Webinars available in our NACBA Store! Take a look at what’s available to you!

  • Lesson from Harris v. Viegelagn  (More Info)
  • Regulation X & Z Enforcement: New Tools for Consumer Attorneys (More Info)
  • New Proof of Claim & Mortgage Attachment: Other Form Changes (More Info)
  • Getting Rid of Encumbered Property in Consumer Cases (More Info)
  • “Modernized” Bankruptcy Forms Part I Webinar (More Info)
  • “Modernized” Bankruptcy Forms Part II: Live Q&A (More Info)
  • Student Loans in Bankruptcy Workshop (More Info)
  • 2015 Supreme Court Decisions & What They Mean For Your Practice (More Info)
  • Security Clearances & Bankruptcy (More Info)
  • Taxes In Bankruptcy, 2014 Virtual Fall Workshop (More Info)
  • Family Law & Bankruptcy (More Info)
  • Getting Paid: Collecting Reasonable Attorneys’ Fees in Chap 7 & Chap 13
  • Dealing with Debt Buyer Claims

Member Benefit webinars (Free to NACBA Members) are located on the Member Dashboard page.

Save The Date!

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

Invest in Yourself! Join NACBA Today!

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

 

Bankruptcy News Briefs 7/12

nacbapictureToday’s News…

Consumers’ Income Growth Expectations Improve from May

Private Student Loan Management Improves

Consumer Borrowing Picks Up in May

Minnesota’s Automatic Dialing Statute: You May be Liable for Calling a Wrong Number in Minnesota

$9.25 Million TCPA Class Action Settlement by American Express Preliminarily Approved in Illinois Federal Court

ACA Industry Advancement Support Helps Secure Victory for Collection Industry in 8th Circuit FDCPA Case

Ohio Supreme Court Finds a Bank Has Standing to Enforce the Mortgage Even If It Cannot Collect From the Borrower on the Underlying Debt

Share of Student Loan Debt-Laden Borrowers Rising

GET READY TO SET SAIL WITH NACBA AND TAKE THE KIDS WITH YOY

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NACBA is pleased and excited to announce the return of our Members-Only Fall Event! We love that this is an event that the whole family can enjoy! Check out what the kids can do while you’re learning and earning CLE!

  • NEW!  Royal Babies and Tots NurserySM
  • Complimentary Adventure Ocean® Youth Program
  • Expanded teen-only hangout areas
  • Splash Deck with interactive play fountain
  • Bungee trampoline area for kids ages 6 and up
  • Family-friendly activities including games, contests, enrichment classes and lectures

Get a great deal with our Early Bird Rate, but hurry it ends July 29th! Mark your calendars, save the dates and Register Today! 

LOOK BACK AT NACBASF

Check out the moments that made #NACBASF a success by visiting the NACBASF Album on our Facebook page!

KEEP YOUR NACBA MEMBERSHIP CURRENT

Take advantage of the many exciting educational events on the horizon along with the invaluable resources NACBA provides you won’t want to miss out on these member only benefits Renew Today! 

Not a member of NACBA? Join Today!

Bankruptcy News Briefs 7/8

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News Kicking Off the Weekend…

Spokeo Challenge in Accretive Health Debt Collection Case Receives Mixed Result

Excess Policies at Issue Deemed Not to Attach Absent Actual Payment of the Amount of Underlying Limits by Either the Insured or its Underlying Insurers

CFPB Highlights Mortgage Servicing Examination Findings and Technology Issues

CFPB Seeks $146 Million From Debt-Settlement Firm

Debt Collector on Trial for Targeting At-Risk Consumers

FCC Confirms: Entire U.S. Government Allowed To Place Annoying Robocalls

REGISTER FOR NACBA’S FALL WORKSHOP

Early Bird Rate Ends July 29th!

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NACBA is pleased and excited to announce the return of our Members-Only Fall Event! Take a moment to look at the line up of Speakers that will be presenting the sessions on #NACBA’s Summit at Sea.

Mark your calendars, save the dates and Register Today! 

LOOK BACK AT NACBASF

Check out the moments that made #NACBASF a success by visiting the NACBASF Album on our Facebook page!

KEEP YOUR NACBA MEMBERSHIP CURRENT

Take advantage of the many exciting educational events on the horizon along with the invaluable resources NACBA provides you won’t want to miss out on these member only benefits Renew Today! 

Not a member of NACBA? Join Today!