Student Debit

Bankruptcy News Briefs 10/4

Check Out The News…

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Credit Card Delinquencies Decline in 2016

Will Supreme Court Provide Definitive Answer on Whether Filing Proof of Claim on Out-of-Statute Debt is an FDCPA Violation?

IRS’s Planned Use of Private Debt Collectors Causing Concern

 Detroit defeats pensioners’ appeal over bankruptcy cuts

The fight over new payday lending rules gets nasty

Court Filings Subject To FDCPA, Says Seventh Circuit

Upcoming NACBA Events

Save the Date for NACBA’s Silver Anniversary Annual Convention

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

JOIN NACBA TODAY

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

Bankruptcy News Briefs 9/19

A New Week with New Headlines…

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House Subcommittee Sets Hearing to Discuss TCPA

California Amends Identity Theft Requirements for Debt Collectors

Study: Small Business Owners Top Consumers in Credit Management

Is the Wait for the ED Contract Almost Over?

Seventh Circuit Holds that a Validation Notice in a Complaint to Collect a Debt Violated §1692e of the FDCPA

College debt collection practices under scrutiny

As Student Loan Defaults Increase, So Do the Scams

Consumer debt nearing dangerous levels

REGISTER FOR THIS WEEK’S UPCOMING WEBINAR

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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

BONUS: One (1) attendee/ registrant will be chosen at random to receive a copy of Chapter 13: Practice And Procedure, 2d, 2016 Ed.. The new second edition is a guide to virtually everything you need to know about practicing law under Chapter 13 of the Bankruptcy Code. (Value $408)

This webinar will cover a variety of standing, judicial estoppel and claim preclusion issues and offer practical suggestions for ways to ensure that debtors’ non-bankruptcy causes of action can be litigated. Topics will include debtor’s standing during and after Chapter 7 and 13 cases, determining whether a cause of action is property of the estate, proper scheduling and disclosure of claims including whether a duty exists for post-petition claims in Chapter 13 cases, avoiding and responding to judicial estoppel arguments, plan treatment of prosecution and settlement of litigation, employment and compensation of counsel to litigate debtor’s legal claims, effect of plan confirmation on debtor’s right to bring causes of action post-confirmation; impact of stating an intent to surrender collateral on post-bankruptcy claims and defenses; using waiver and estoppel arguments against mortgage creditors.

If you are unable to attend the live webinar, please register by September 22, 2016 at 2:00 PM Est. to receive the webinar recording, materials (copy of presentation and Non Bankruptcy Causes of Action exert from Chapter 13: Practice And Procedure, 2d, 2016 Ed) and be registered for drawing.

Events

NACBA’s  Fall Workshop

EARLY BIRD RATE IS EXTENDED! REGISTER TODAY FOR SAVINGS!

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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!

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

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

Bankruptcy News Briefs 8/26

Headlines Leading Into the Weekend…

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Study: Majority of College Students are Current on Credit Card Bills

U.S. District Court Judge in New Jersey Dismisses TCPA Case Based on Single Unanswered Call to a Cell Phone

Student loan complaint update highlights IDR plan application issues

First National Bank of Omaha to Pay $35 Million Over Credit-Card Practices

CFPB Arbitration Rule Faces Opposition

Overall Delinquencies Decrease in Q2

NCLC Advocates Commend Department of Education’s Actions against ITT to Protect Students and Taxpayers

UPCOMING WEBINARS

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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

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

The Fall Workshop

Deadline Today!

Only 1 Day Left to Win a Free Registration to NACBA’s 2016 Fall Workshop Members-Only Cruise (Miami, FL – Nassau, Bahamas)

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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 8/18

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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 8/10

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Over the Hump Headlines…

Illinois Governor Bruce Rauner Nixes Bill Connected to His Former Business Life in Debt Collection

Ninth Circuit Court of Appeals Rules – Failure to Specifically State “This Communication is From a Debt Collector” is Not FDCPA Violation

Location, Location, Location – A Brief Overview of Personal Jurisdiction, Forum Selection Clauses, and Why They Matter

Creditors Beware-Automatic Stay Violations Can Lead to Massive Punitive Damages

CFPB Issues 2016 Annual Plain Writing Act Compliance Report

What You Need To Know Now About The CFPB’s Debt Collection Proposal

Slideshow 10 worst states for student loan debt

Foreclosures Drop Sharply from Last Year

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

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

Creative lawerying may be needed for those who are facing privates student loan lawsuits that are becoming common as student loan debt climbing to astounding figures . Read, “In Spate of Private Student Loan Lawsuits, One Defense Stands Out,” by Richard Gaudreau in NACBA’s Consumer Bankruptcy Journal as he discusses what you can do for your clients.

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 8/3

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Midweek Headlines…

The CFPB Ombudsman’s Office released its mid-year update in July, focusing on individual inquiries to the Ombudsman, related to CFPB proposed rules, the consumer complaint database, and other outreach initiatives…CFPB Ombudsman’s Office Releases Mid-year Update

Consumer spending increased 0.4 percent, or by $53 billion, in June, according to estimates from the Bureau of Economic Analysis and U.S. Department of Commerce…Consumer Spending Increases in June

A mortgage creditor violated the automatic stay by mistakenly filing a claim to which it had no rights and by failing to immediately return payments on that claim it had received by the trustee. In re Mocella, No. 10-42287 (Bankr. N.D. Ohio June 15, 2016)…Incompetence Does Not Excuse Stay Violation

Experian, today released Contact Monitor to help businesses reduce wrong-party contact that supports compliance with the TCPA…Experian’s Contact Monitor Strengthens Business Insight on Customer Contact Info

The CFPB  outlines four principles to guide its discussions on the future of loss mitigation as the U.S. Treasury’s crisis-era Home Affordable Modification Program is phased out at the end of 2016…CFPB Issues Principles for Future of Loss Mitigation

Student debt may be contributing to wealth inequality…New York Fed warns of troubling consequence of rising student loan debt

Second Circuit Raises a Caution Flag for Sales Free-and-Clear of Claims

Attorney “Meaningful Involvement” Case Sent Back to District Court

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

Today’s #CBJ spotlight comes from Morgan D. King’s article, “Sales Tax Discharge Issues in Bankruptcy. ” Go to King’s Korner to read more!

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 7/29

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News Leading into the Weekend…

Consumer Litigation Cases on the Rise in June

How new CFPB proposals may affect the way debt collectors contact you

Credit and Collection Industry Makes Voice Heard at CFPB Debt Collection Field Hearing

ACA International Statement on Outline of Proposed Debt Collection Rule Being Considered by the CFPB

Obama and Warren Reflect On Wall Street Reform’s Progress

Treasury Reflects On Six Years of Reform Progress

Serious Delinquencies Continue to Seriously Decline

CONSUMER BANKRUPTCY JOURNAL HIGHLIGHT

2016 is an exciting year with the elections quickly upon us. NACBA continues to work with interested members and staff members on the important issues such as student loans, bankruptcy, privacy protection for consumer debtors,  facing our bankruptcy attorneys and their clients. Take a moment to read the Legislative Update, by Maureen Thompson in the summer edition of the Consumer Bankruptcy Journal and get involved on the matters that matter to you.

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 Schedule and RegisterToday!

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 7/26

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Headlines Making News…

CFPB Confirms Location of Debt Collection Field Hearing

Oral Arguments Scheduled for ACA Lawsuit Challenging FCC’s 2015 TCPA Ruling

Did the FCC Even Consider the Thousands of Responses to its Rulemaking Proposal?

Against the Grain: Bankruptcy Court Allows FDCPA Claim to Proceed Despite Res Judicata Argument

Packaged Facts: Consumers Divest Alarming Pre-Recession Debt Trends

Good News On Student Loans … For Some

New York AG Fights Against Zombie Foreclosures

MARK YOUR CALENDARS

NACBA MEMBER ONLY FALL WORKSHOP- OCTOBER 7th-10th

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Join us to set sail for NACBA’s Summit at Sea (#NACBASEA) setting sail from October 7th-10th with a a Pre-Cruise event on October 6th. Early Bird Rate Ends, September 2nd! Check out theSchedule and Register Today!

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 7/19

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Check Out the Headlines Making News…

The Customer Finally Pays, But the Bankruptcy Trustee Demands the Payment Be Returned; What to do When Faced with a Preference Action

FTC Action: Abusive Debt Collectors Banned from Collection Business

Massachusetts Court Rules Any Call is a “Communication”

Spokeo in the Wild: How a Non-Collections Defendant Defeated a Class-Action TCPA Lawsuit

CFPB Announces Field Hearing on Debt Collection

Court Gives Federal Student Loan Debt Collection Contractors Green Light to Go Forward with Government Contract Bid Protest

District Court Judge Delays Decision in State National Bank’s Case Against CFPB

D.C. Decision, Expected In Fall, Could Reverse CFPB’s Actions, Change Structure

Fraud complaints cloud foreclosure relief

“It’s like a nightmare that just won’t go away”: The Corinthian Colleges scam demonstrates the madness of student debt

MARK YOUR CALENDARS

NACBA MEMBER ONLY FALL WORKSHOP- OCTOBER 7th-10th

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Join us to set sail for NACBA’s Summit at Sea (#NACBASEA) setting sail from October 7th-10th with a a Pre-Cruise event on October 6th. Early Bird Rate Ends, September 2nd! Check out theSchedule and Register Today!

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!