NCBRC

Bankruptcy News Briefs 8/26

In Headlines…

Credit Card Delinquency Rates Remain Low Despite Rise in Subprime Borrowers

Student Lending Giant Could Face CFPB Lawsuit

New Call Intervention App Supported by the FTC Could Harm Legitimate Businesses and Prevent Consumers from Receiving Important Information

Reports from Borrowers and Lenders Show Differences in Credit Card, Student Loan Debt

New York Fed: Student Loan Delinquency Rates Double with Loans in Deferment and Forbearance

Eleventh Circuit Court of Appeals Confirms Validity of “Prior Express Consent” in TCPA Case

Harris Precludes Attorney Fee Payments Out of Undisbursed Funds

Countless Consumers Are Paying Off Someone Else’s Debt Because Of Default Judgments

Bankruptcy Judge Sides With Owner on Home Surrender

Events That Educate

Register for Today’s Webinar… Free for NACBA Members!

Are you struggling to establish a powerful online presence for your law firm?
Have a website that looks nice but doesn’t bring in new business for your firm?
Not sure what kind of web presence you need since you get all of your business through referrals?

Then Register for the Effective (And Ethical) Online Marketing For Law Firms Webinar, Wednesday, August 26, 2015 at 2:00 PM EST/11:00 AM PST. You’ll learn how to establish a comprehensive online presence that will increase your exposure, enhance your credibility and foster referrals while following the Rules of Professional Conduct. It’s Free for NACBA Members!

Join Fred J. Cohen, JD the founder and CEO of Amicus Creative Media as he provides examples of effective websites, a list of concrete strategies to follow as well as common pitfalls to avoid.

Mark Your Calendars for NACBA’s 24th Annual Convention!

Did you enjoy NACBA’s Convention in Chicago? Then you won’t want to miss the 24th AnnualNACBA Convention in San Francisco, May 19-22, 2016! Make sure you Save the Date!

The Perks of Being a NACBA Member

Read timely topics that are relevant to your practice in the new Summer Edition of the National Consumer Bankruptcy Journal.
Sign up for one of the Playback NACBA packages from the 2015 NACBA Convention in Chicago to have access to session recordings.
Amicus Brief Project and Litigation Support– NACBA files amicus briefs in selected appellate and Supreme Court cases that could significantly impact consumer bankruptcy rights. As a NACBA member you have access to all amicus briefs as well as model briefs on numerous issues arising under the 2005 bankruptcy amendments.
Professional development is simple and affordable with Continuing Legal Education: On Demand with Attorney Credits.com. NACBA members are entitled to a 15% discount off allCLE courses and bundles and processes CLE credits in over 30 U.S. States.

What’s Your NACBA Status?

Your NACBA Membership is an investment in you! Renew your membership today!

Join NACBA to take advantage of education opportunities , the ability to network with your peers and comprehensive benefits!

Subscribe to NACBA Now to Receive Relevent News Every Week

Bankruptcy News Briefs 8/11

In the News Today…

Mortgage Len der Receives Stay of $109.2M CFPB Fine

June Consumer Borrowing Surpasses Economists’ Predictions

PRA Group Reports Slower Growth

CUs Taking Larger Market Share of Mortgage, Auto Loan Originations

Look Beyond Hard Numbers to Define Creditworthiness

Chapter 7 Trustee Fee Application Denied

There’s a big problem with the government’s offer to ‘forgive’ your mountain of student-loan debt

The 10 Worst States for Student Loan Debt

NACBA Events Educate!

Free Webinar for NACBA Members!

Are you struggling to establish a powerful online presence for your law firm?
Have a website that looks nice but doesn’t bring in new business for your firm?
Not sure what kind of web presence you need since you get all of your business through referrals?

Then you definitely want to Register for the Effective (And Ethical) Online Marketing For Law Firms Webinar, Wednesday, August 26, 2015 at 2:00 PM EST/11:00 AM PST. You’ll learn how to establish a comprehensive online presence that will increase your exposure, enhance your credibility and foster referrals while following the Rules of Professional Conduct.

Join Fred J. Cohen, JD the founder and CEO of Amicus Creative Media as he provides examples of effective websites, a list of concrete strategies to follow as well as common pitfalls to avoid.

NACBA’s 24th Annual Convention!

Did you enjoy #NACBACHI? Then make sure you Save the Date for the 24th Annual NACBA Convention in San Francisco, May 19-22, 2016!

Membership Benefits That Add Value

Invest in your professional development with exclusive savings! NACBA members are entitled to a 15% discount off all CLE courses and bundles with Attorney Credits.com .

Don’t Forget…

Check out the Summer Edition of the National Consumer Bankruptcy Journal.
Sign up for one of the Playback NACBA packages from the 2015 NACBA Convention in Chicago to have access to session recordings.

What’s Your NACBA Status?

Your NACBA Membership is an investment in you! Renew your membership today!

Join NACBA to take advantage of education opportunities , the ability to network with your peers and comprehensive benefits!

Bankruptcy News Briefs 7/22

Consumer Advocates Applaud DOD Move to Protect Troops from Predatory Lending,

Funds from Consent Order Not Estate Property

Dodd-Frank Anniversary Celebrated with More Fighting

Consumer Credit Default Rates Increase

Regulators Fine Citigroup $770M Over Credit Card Add-On Products

LifeLock Allegedly Violated FTC Settlement

CFPB Issues Consent Order and Penalty Against CitiBank for Credit Card Practices

U.S. Rep. Jeb Hensarling Speaks Out Against Dodd-Frank Act

Department Stores National Bank To Pay $23.8M For Charging Fees on Collection Accounts

Taxpayers Could Lose Billions If Students Walk Away From Loans

Medicare Jurisdictional Bar Limits Bankruptcy Court Authority in Health Care Bankruptcy

Reversing the Trend: Will Congress Act to Except College Tuition Payments from Clawback in Bankruptcy? – Congress Weighs Legislation that May Preclude Suit by Bankruptcy Trustees Against Colleges and Universities to Recover a Bankrupt Parent’s Tuition Payments for a Student

Upcoming Events

Register for the Effective (And Ethical) Online Marketing For Law Firms on Wednesday, August 26, 2015 at 2:00 PM EST/11:00 AM PST. Join Fred J. Cohen, JD, is the founder and CEO of Amicus Creative Media as he discusses how to establish a comprehensive online presence that will increase your exposure, enhance your credibility and foster referrals while following the Rules of Professional Conduct. Free to All NACBA Members!

Save the Date for the 24th Annual NACBA Convention in San Francisco, May 19-22, 2016!

NACBA Benefits

Did you read the latest edition of the Consumer Bankruptcy Journal?

NACBA Member Jay Fleischman gives an insightful look into “Non Bankruptcy Options for Student Loan Debtors,” in the summer edition of the Consumer Bankruptcy Journal.

Spend a summer evening under the stars watching the Yankees! NACBA Members receive special rates to attend Yankee home games as one of their member benefits. Check out the different levels of discounts and the games available!

NACBA Membership

Stay connected and up to date on the relevant topics through your NACBA Membership. Renew Today!

Join NACBA and take advantage of the networking, education and resources NACBA offers!

Life as a Consumer Bankruptcy Attorney in just One Word!

Bankruptcy News Briefs 7/15

NACBA/ NCLC: Comments to the Consumer Financial Protection Bureau on Information Regarding Student Loan Servicing

Appeals Court Rules Against Debt Collector

Florida AG Warns About Scams Rising

Department of Education and Corinthian Student Committee Reach Debt Relief Agreement

Judge Issues Order Denying Defendant’s Motion to Dismiss in CFPB v. Hanna Debt Collection Litigation

Payday Lender Prepaid Cards: Overdraft and Junk Fees Hit Cash-Strapped Families Coming and Going,

Growing Consensus Permits Lien Strip in Chapter 20

AG: Chase to pay $136 million settlement, correct unlawful credit card debt collection practices

Read Building a Better Automatic Stay Violation Claim by NACBA Member David Leibowitz in the Summer Edition of the Consumer Bankruptcy Journal

Benefit Alert! NACBA Members save up to 25% off processing fees by accepting debit and credit card payments through the LawPay: Credit and Debit Card Processing!

Bankruptcy News Briefs 7/9

NY State’s Highest Court Rules on NY City’s Local Debt Collection Law

Time Warner Cable Slapped by Judge in Hard to Believe TCPA Case

Chase Debt Collection Enforcement Action: Breaking Down the Numbers, And Regulator Commentary

District Court Has Original Jurisdiction over 362(k) Claim

Loan Collections and Bankrupt Borrowers

Education Dept. Takes Steps to Ease Repayment for Student-Loan Borrowers

Late Payments on Home Equity Loans Drop, Defying Warnings

Read the Summer Edition of the Consumer Bankruptcy Journal

Take Advantage of All NACBA Offers, Join Today!

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.

As 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.

New NACBA State Chair Announced For Iowa

Des Moines Attorney Nancy L. Thompson Tackles New Role Leading Education Program for National Association of Consumer Bankruptcy Attorneys.

The National Association of Consumer Bankruptcy Attorneys (NACBA) today announced that Des Moines bankruptcy attorney Nancy L. Thompson of The Nancy L. Thompson Law Office PC in Des Moines, IA will serve as its new state chair representing Iowa.

As NACBA’s state chair in Iowa, Thompson 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.

Nancy L. Thompson said: “NACBA is well respected for its involvement in the development of consumer bankruptcy law, both through litigation and legislation. It is a great honor to be able to work more closely with the organization’s leadership on future initiatives.”

NACBA Executive Director Dan LaBert said: “Our leadership team is dedicated to continuing our mission in Iowa 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. Nancy is a longstanding NACBA member and will make an excellent state chair in Iowa. We look forward to working closely with her to represent bankruptcy attorneys and their important policy objectives across a wide range of issues.”

Thompson practices bankruptcy and consumer law in Des Moines, Iowa. From 2006 to 2008, she was Chair of the Iowa State Bar Association Commercial and Bankruptcy Section and in 2007 was named Outstanding Section Chair for Legislative Advocacy for her successful effort to update and improve Iowa’s personal property exemptions. Thompson is a member of the Iowa State Bar Association Commercial and Bankruptcy Section, the National Association of Consumer Bankruptcy Attorneys (NACBA) and the National Association of Consumer Advocates (NACA). In 2015, she received the Distinguished Service Award for her contributions to NACBA and has been a frequent presenter at legal and public seminars on bankruptcy, foreclosure and consumer credit. In addition to Thompson’s private practice in Des Moines, she is a part time staff attorney with Iowa Legal Aid.

NCBRC Succeeds in Limiting Caulkett Bad News to Chapter 7

The Supreme Court’s Caulkett decision, reversing the 11^th 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