National Consumer Bankruptcy Rights Center

New NACBA State Chair Announced For Central California

Los Angeles Attorney Jenny Doling Tackles New Role Leading Education Program for National Association of Consumer Bankruptcy Attorneys

The National Association of Consumer Bankruptcy Attorneys (NACBA) announced that California attorney Jenny L. Doling of the Law Offices of Jenny L. Doling, A.P.L.C. in Palm Desert, California will serve as its new state chair representing the entire Central District of California, the largest district in the Country.

dolingAs NACBA’s state chair for the Central District of California, Doling will serve as the official liaison between the group’s leadership in Washington, D.C. and its member attorneys, bankruptcy judges, and other court officials in the state, as well as serving as a primary contact for local media regarding consumer bankruptcy issues.

Serving approximately 3,500 members in all 50 states and Puerto Rico, NACBA is the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy.

Jenny L. Doling said: “I am honored to represent NACBA as the new State Chair for the Central District of California.  NACBA’s unparalleled efforts to advocate for consumer bankruptcy debtors nationwide has brought about clear and necessary changes in an unbalanced financial industry. I look forward to working with NACBA in its efforts to protect the rights of struggling families, to advocate for better laws, and to bring members together for a stronger debtors’ bar.”

NACBA Executive Director Dan LaBert said: “Our leadership team is dedicated to continuing our mission in California to help to protect the rights of families in financial distress at a grassroots level. Our national membership is supported by a strong network of state chairs appointees.  Jenny is a longstanding NACBA member and will make an excellent state chair in the Central District of California.  We look forward to working closely with her to represent bankruptcy attorneys and their important policy objectives across a wide range of issues.”

Jenny Doling has been working with consumer debtors for nearly 20 years, and is licensed to practice law in California and Nevada.  She has several reported cases in the Central District of California and the 9th Circuit BAP.  Doling is a Professor of Bankruptcy Law for the California Desert Trial Academy. In addition, she is an active member of NACBA, and the California Bar Association.  She also serves on the Board of the Inland Empire Bankruptcy Forum (IEBF).  Doling is a frequent panel speaker at continuing education conferences for IEBF, NACBA, NACTT, and NCBJ.

NCBRC Succeeds in Limiting Caulkett Bad News to Chapter 7

The Supreme Court’s Caulkett decision, reversing the 11th Circuit’s ruling that chapter 7 debtors could strip off totally underwater mortgages, was disappointing, if not totally unexpected.  As amicus, NCBRC had considered the risk that an unfavorable, overly broad opinion in this case could negatively impact lien-stripping in chapter 13 and, in addition to arguing for affirmance, specifically sought to limit any holding to chapter 7 cases and to preserve the right to strip liens in chapter 13. This effort was successful. In fact, Justice Thomas’s remarks reinforce the continued validity of the widely accepted interpretation of Nobelman in chapter 13. This case should have no effect at all on lien-stripping in chapter 13.

Caulkett simply reaffirms the holding in Dewsnup which applies only in chapter 7 cases. The opinion made this clear in several ways. First, the court distinguished Nobelman, stating that Nobelman “addressed the interaction between the meaning of the term “secured claim” in § 506(a) and an entirely separate provision, §1322(b)(2).” (emphasis supplied) Second, while stating that it is may be inadvisable to adopt a line-drawing test where a difference of $1 could have an arbitrary impact, the court nonetheless found that such tests are appropriate where Congress has drawn the line, as the court had found it had done in Nobelman. Third, the conclusion of the opinion states “a debtor in a Chapter 7 bankruptcy proceeding may not void a junior mortgage lien under §506(d) when the debt owed on a senior mortgage lien exceeds the current value of the collateral.”

The NCBRC amicus brief was the only one to focus on limiting any decision to chapter 7.  This is another example of the importance of NCBRC’s work, which can only continue with your support. Please donate at www.ncbrc.org

New NACBA State Chair Announced For Eastern Pennsylvania

Philadelphia Attorney Stephen Dunne Tackles New Role Leading Education Program for National Association of Consumer Bankruptcy Attorneys

The National Association of Consumer Bankruptcy Attorneys (NACBA) announced that Philadelphia bankruptcy attorney Stephen M. Dunne of Dunne Law Offices will serve as its new state chair representing Eastern Pennsylvania.

As NACBA chair of Eastern Pennsylvania, Dunne will serve as the official liaison between the group’s leadership in Washington, D.C. and its member attorneys, bankruptcy judges and other court officials in the state, as well as serving as a primary contact for local media regarding consumer bankruptcy issues.

Serving approximately 3,500 members in all 50 states and Puerto Rico, NACBA is the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy.

Stephen Dunne said: “It is an honor and a privilege to be nominated to serve as the Eastern Pennsylvania State Chair of the National Association of Consumer Bankruptcy Attorneys.  NACBA works tirelessly to ensure the voices of consumer debtors and their attorneys are heard in the halls of Congress.  I am grateful for the opportunity to serve as State Chair and I look forward to protecting and enhancing the rights of consumer bankruptcy debtors.”

NACBA Executive Director Dan LaBert said: “Our leadership team is dedicated to continuing our mission in Pennsylvania to help to protect the rights of families in financial distress at a grassroots level. Our national membership is supported by a strong network of state chairs appointees.  Stephen is a longstanding NACBA member and will make an excellent state chair in Eastern Pennsylvania.  We look forward to working closely with him to represent bankruptcy attorneys and their important policy objectives across a wide range of issues.”

Dunne was named “Pennsylvania Super Lawyer” by Philadelphia Magazine.  His legal analysis has been featured on Fox News, The Philadelphia Inquirer, Philadelphia Daily News and The Nation.

As an undergraduate at Penn State University, Dunne served as an infantry soldier in the Pennsylvania National Guard and as a cadet in the R.O.T.C. Later, he attend the New England School of Law in Boston, interned at the Boston Stock Exchange and clerked for McGarthy & Ged. Through these experiences early in his legal career, Dunne developed an interest in helping people find financial relief through legal action.

Bankruptcy News Briefs 5/21

Ohio AG Sues Collection Operation

Steady Course for Credit Card Debt, Delinquency Rate

31 States Join National Consumer Assistance Plan Launched by Equifax, TransUnion and Experian

Republican Lawmaker Blasts U.S. Trustee Program Over Donation

House Subcommittee Approves Seven Bills on FCC Transparency

Courts Halt Three Debt Collection Operations

Defendants Reach $1.7M Settlement in Robocall Credit Card Scheme

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Bankruptcy News Briefs 5/20

Lenders Agree to Help Fight Zombie Properties

U.S. Bank, Bank of America Win Dismissal of Mortgage Suits

Consumer Litigation is on the Upswing in 2015

House Communications and Technology Subcommittee to Review Several Bills on FCC Transparency

FDCPA/FCRA Litigation Trending Upward, TCPA & CFPB Complaints Down Slightly

PayPal Agrees to $25M Settlement Over Online Credit Claims

Opinion: Tie Goes to the Debtor in Consumer Bankruptcy Dispute About Funds Paid to Trustee

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Bankruptcy News Briefs 5/15

Law Firms Lose Mortgage Rescue Court Judgment

Wells Fargo Lawsuit Cites Fair Credit Reporting Act Violation

Law Firms Lose Mortgage Rescue Court Judgment

CFPB Turns Its Attention to Student Loan Servicing Practices in Latest Public Inquiry

Second Circuit Decision Provides Resolution on Disclosure of Tax Consequences in Settlement Offers

Proof-of-Claim Deadline Applies to Secured and Unsecured Alike

JPMorgan’s Robo-Calling Settlement Fuels Fight Over FCC Rules

Jury Awards KC Woman $83 Million In Debt Collection Case

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Bankruptcy News Briefs 5/14

Household Debt Remains Flat in First Quarter

Study: Student Loan Debt Isn’t Harming Consumers’ Access to Credit and Repayment Rates

House Subcommittee Reviews Cause of Financial Crisis in Dodd-Frank Hearing

Major Banks to Delete Records for Some Borrowers Who Filed for Bankruptcy

Bankruptcy Can Help Seniors Protect Assets

CFPB Begins Probe Of Student Loan Servicers, Signaling Stronger Rules

The Examiners: Bankruptcy Reform Could Actually Aggravate Student Loan Issue

CFPB Launches Public Inquiry Into Student Loan Servicing Practices

Rozanne Andersen on Regulation – Medical Debt Trends

The Examiners: Helping Over-Burdened Borrowers is the Goal of Bankruptcy

Optional, Early Compliance is a Common Regulatory Tool: Early Adopters Can Choose Phase-In Date

The Examiners: Everyone Suffers Without Bankruptcy Reform for Student Debt

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Bankruptcy News Briefs 5/13

Update: Ninth Circuit Rules for Collection Industry in Case Supported by ACA International

Fed Survey: Consumers Expect Decline in Spending Growth

U.S. Rep. Jeb Hensarling Issues Subpoenas to Federal Agencies

Democrats Greet Shelby Banking Bill With Skepticism

State Regulators Want Debt Relief for Former Corinthian Students

Student Loan Study Counters Common Credit Access View

Big Data Stirs Fresh Debate Over Income-Based Repayment

Overall Consumer Debt Burden Flat; Sector Results Mixed

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Bankruptcy News Briefs 5/12

The Examiners: Student Debt Could Be Next Bubble, But Shouldn’t be Addressed by Bankruptcy Reform

Lawsuit Accuses Retailer of Illegal Collections

House Oversight and Investigations Subcommittee Sets Hearing on Regulatory Overreach

The Examiners: Discharge Private Student Loans, But Federal Loans Have Safety Net

Judge’s Ruling Against 2 Banks Finds Misconduct in ’08 Crash

CFPB sues Nationwide Biweekly for Deceptive Mortgage Practices

Former Students Seek to Shape Corinthian Colleges Bankruptcy

Judge Rejects Bond Suit Over Pension Debt

The Examiners: Student Loan Debate is More Complex Than Bankruptcy Question

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