Student Loans

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 Cruise! Just 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 Cruise! Just 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 8/9

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Today’s Bankruptcy News Briefs…

Eighth Circuit Lets the Fox in the Henhouse

Illinois Governor Vetoes Private Debt Collection Bill

Consumer Borrowing Slows in June

CFPB Amends Servicer Rules

CFPB Considering Debt Collection Reform Proposals

CFPB Issues Final Mortgage Servicing Rules

Rogue debt collectors: Our view

The Real Student Loan Crisis: Debt-Fueled Tuition Inflation

Legislators Take Aim at New Jersey Student Loan Program’s Tough Tactics

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

Take a moment to read the in depth, “NCBRC Report,” in today’s Consumer Bankruptcy Journal Spotlight. Read the Cases in Review such as; Chapter 7 Reaffirmation of Debt, Proof of Claim-Secured Claim-Post Petition Charges, Property of the Estate-Avoidance of lien impairing exemption, and more.

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 Cruise! Just 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 8/2

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Read the Headlines Here…

A share of households in the U.S. have total debt that exceeds their assets, known as “negative wealth,” according to survey findings from the Federal Reserve Bank of New York. In Survey: Debt Exceeds Assets for Some Households in the U.S.

The CFPB intends to give consumers the option to provide feedback on the company’s response to and handling of their complaints. In CFPB’s Consumer Response Proposes New Consumer Feedback Survey

Last week the CFPB released its 117-page Outline of Proposed Rules for debt collection read the breakdown of these proposals...insideARM Perspective on CFPB Outline of Proposed Debt Collection Rules – Communication Part 2

More than 70 million Americans have some type of debt in collections. Read why…Some Debt Collections Just Aren’t Worth It

The failure to repay student loans is becoming a modern day standoff.. Read how many American are ignoring the calls, email, and letters in…Student-Loan Defaulters in a Standoff With Federal Government

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

Stay updated on the changes occurring in your field, read “New Bankruptcy Rule, Amendments to Chapter 13 Plan Proposed,” by Diane Davis featured in today’s #CBJ 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 8/1

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New Month New Headlines…

CFPB Previews Debt Collection Rule in SBREFA Outline

Debt-collection proposals: Fewer calls, easier to dispute

There’s one reason a big chunk of Americans have ‘negative wealth’

CFPB will update Know Before You Owe rule

Wells Fargo Bank Settles TCPA Lawsuit

CONSUMER BANKRUPTCY JOURNAL HIGHLIGHT

Are you looking for ways to grow your law firm? Then you’ll want to read “4 Keys to Breaking the 7 Figure Barrier,” by Stephen Fairley with the Rainmaker Institute. Learn the specific strategies and compelling keys that will help you cross that barrier and make your firm a success!

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 andRegisterToday!

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?

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 7/28

nacbapictureWhat’s Happening Today?

Breaking News: CFPB Releases Outline of Proposals for Debt Collection Rulemaking

Three-Month Debt Collection Complaint Average Continues to Decline

Funds in Joint Account Belong Solely to Non-Debtor

Advocates Applaud CFPB Proposed Debt Collection Rules but Additional Provisions Are Needed

Direct access to insurers of insolvent entities at last? Third Parties (Rights Against Insurers) Act 2010

Debt collectors face tighter regulation by feds

Senators seek tax relief for student loan burdens

Legal Alert: Voice Over Internet Protocol and the TCPA: The Hidden Pothole on the Information Super Highway

EXTRA, EXTRA READ ALL ABOUT IT! 

The summer edition of the Consumer Bankruptcy Journal is hot off the presses! Read  articles and hot topics that are relevant to you and your firm, written by your peers!

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-10th with 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 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

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 7/25

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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!