New York

Bankruptcy News Briefs 9/16

Headlines Leading Into the Weekend…


Court Rejects McCoy and Sticks with Beard

New York Proposes Extensive Data Security Regs for Financial Services Companies, Begins 45-Day Comment Period

Top Takeaways from CFPB, FTC on How Debt Collectors Can Respond to Investigations

Study: Growing Healthcare Coverage Causes Decline in ‘Substantial’ Costs for Consumers

Massachusetts Appeals Court Addresses Statute of Limitations for Enforcement of Guaranty

Details of 2017 Pennsylvania Tax Amnesty Announced

Wells Fargo Case Unlikely to Prompt Republican Embrace of CFPB

Debt collection companies sued for $10 million over robocalls

Uh-Oh, We’re Racking Up Credit Card Debt Like It’s 2007 Again

The Complicated Truth About Millennials And Credit Cards


NACBA Webinars Web Banner (1)


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
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.


NACBA’s  Fall Workshop


Sail-Away-1024x551 (1)

Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation!  Get all the details and register today!


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


Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy Briefs 1/5

Homestead Exemption May Not Be Denied Based on Bad Faith, but . . .

Consumer Spending Remained Steady in December Despite Holiday Shopping

CFPB Sets Sights on Payday Loans

U.S. car sales rise in December to cap strong year

New York City Announces $1.3 million Settlement with Debt Collection Agency

A Debt Collector is Garnishing Our Wages Over a Student Loan

Sen. Elizabeth Warren priority: Pushing Republican-controlled Congress to address student loan debt crisis

How Jefferson County’s $30 million legal tab for bankruptcy may now seem like a bargain

Buffalo region’s bankruptcy cases declined 13.3 percent in 2014

Hawaii Bankruptcy filings fall to pre-recession low

Registration for NACBA’s 23rd Annual Convention Now Open

Renew Your NACBA Membership

Join the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy

Bankruptcy Briefs 9/19/14

Would a GOP Senate foretell change for consumer agency?

New York State and City Join Effort to Shield Stabilized Leases

A Snowball Soon to be an Avalanche: Student Debt and Older Americans

Another Article Encouraging Those Considering Bankruptcy to contact NACBA. Is your membership current?

Banks Seek Exit from Robo-Signing Enforcement Order

Court Denies Administrative Priority Status to Seller Whose Goods Were Not Received by the Debtor

CFPB Proposes New Federal Oversight of Nonbank Auto Finance Companies

Tech Startup Vows to Make Debt Collection Smarter, Friendlier

Examiner appointed in HDG Mansur bankruptcy case

Preservation of Error and the Civil Plain Error Rule

Veteran bankruptcy lawyer Cieri to retire from Kirkland

U.S. approaching ‘sudden’ phase of bankruptcy, George Will tells Utah audience

NACBA Member Featured: Bankruptcy could save you from drowning in debt

Renew Your NACBA Membership

Join the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy

NACBA Member Profile: David Shaev


David Shaev

Based on random sampling of NACBA’s membership, the Member Profile strives to answer the question: Who are Consumer Bankruptcy Attorneys? It looks at a variety of economic and demographic characteristics, as well as, business practices and “war stories.” NACBA is and always will be your “Your Practice Partner!”

Allow us to introduce, our “Practice Partner,” Attorney David Shaev of New York. NACBA Member since January 2005.

David Shaev is the managing partner of Shaev & Fleischman LLP, a New York-based firm that is a debt relief agency and helps people file for relief under the U.S. Bankruptcy Code. David is an active member of the National Association of Consumer Bankruptcy Attorneys and serves as the New York State Co-Chair.

Q. How many years have you been practicing?
A. About 35

Q. What has been your most challenging case?

A. The Olga Paredes case, which made the NY Times Business/Front page and settled after appeal; Obasi case, which was featured on CNN where Judge found attorneys for banks actions in fling proof of claim to be sanctionable, but did not sanction on a technicality.

Q. What is the best advice you received from the NACBA national Listserv?
A. Don”t discuss politics on the Listserv!  You will live longer. Actually, I use the NACBA Listserve, the NY Listserv and Bootcamp Listserv on a daily basis for issues too numerous to list.

Q. The NACBA benefit you couldn’t live without?
A. Conventions for knowledge, refreshing the desire to go out there and kick creditor butt, and a few extra days for vacations (I miss the fall convention already)

Q. Who is your mentor – who do you look up to professionally?
A. I wish I had a mentor.  Unfortunately, I learned on my own, and later on with the help of NACBA and Max Gardner Bootcamp. Of course, I admire Max and many of my fellow Bootcampers, as well as the great work that Jon Rao and Tara Twomey do for all of us.

Q. What is your favorite part of being a consumer bankruptcy attorney?
A. Stripping off liens, modifying mortgages and paying unsecured creditors the least amount possible! Of course, having a client walk out in much better condition than when they first consulted with me.

Q. Name and area of the the law that you’d like to learn more about?
A. Not so much an area, but trial work in general.

Q. Most memorable moment in NACBA?
A. There have been many, so it is difficult to choose; I will never forget the great conventions in San Fran and Chicago during the BACPA reform period;  my last great memory is New Orleans, one great restaurant after another!

Q. In another life, you’d be?
A. A tennis and ski bum. I gave up wanting to be a rock star when I entered college.

Start Spreading The News….NACBA New York Convention


NACBA’s 22nd Annual Convention is an unprecedented opportunity to meet with your peers to discuss industry trends or just to have fun. This year, we’ve selected the city that never sleeps, the world’s biggest urban playground, the big Apple, yes, I’m speaking of New York City, sometimes known as Gotham! Ok, you get the point.

Here are the top five reasons to attend the NACBA Annual Convention: 

#5. Network with 700+ bankruptcy attorneys

Not only is the NACBA Annual Convention like a family reunion of bankruptcy practitioners from all 50 states, but it is also a place to develop new relationships and network with others who face very similar professional challenges.  Experience the NACBA Hallway Magic!

#4. Your professional development is the focus.

The networking opportunities and the targeted tracks focus on building your unique skill set. You will leave this conference with fresh ideas, new skills, and a stronger network to call upon when you are executing your ideas back home. Consider the NACBA Annual Convention a living, breathing, on-location listserv!

#3. 60+ experts are speaking and facilitating panels. Over 15 hours of CLE!

The agenda is full of seasoned experts who know bankruptcy law. We have twelve (12) United States Bankruptcy Judges and over 60+ bankruptcy experts. From the NACBA co-founders to litigation experts to policy wonks to legislative outreach pros to technology gurus to leadership advisers to storytellers and outside-the-box thinkers on hand to help you become excellent in your profession and grow your client base

See the packed agenda for a list of speakers.

#2. Added Value to your Registration – What’s New in the Practice of Law?

NACBA has put together one of the most extensive list of exhibitors in convention history. See and try the latest in products, services, publications and technologies from 30+ exhibitors. These businesses may offer that one solution that you have long been searching for.

#1. Experience New York City

Who wouldn’t want to visit New York in the Spring and get to know the most vibrant city on the East Coast? See a Broadway show (hotel is within walking distance), take a stroll on the High Line, visit a few art galleries, taste an unrivaled restaurant scene or go see David Letterman and get a real top ten list! 

New York City and our convention is a combination that offers an unparalleled opportunity to learn, enjoy the wonders of the “Big Apple,” and socialize with your colleagues at the best consumer bankruptcy attorneys conference in the United States. Make plans to join us at the 22nd Annual NACBA Convention, April 10-13, 2014. REGISTER HERE