supreme court and bankruptcy ruling

Bankruptcy News Briefs 2/12

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Headlines Relevant to You….

TransUnion Acquires Majority Interest in Colombian Credit Bureau

State AGs, Lawmakers Tell CFPB to Back Off on Payday Rule

NCBRC Cases in Review – February 2016

Payment Processor Settles FTC’s Telemarketing Scheme Charges

Subprime Delinquencies, Auto Loans are Growing

Study: Available Credit Fuels Consumers’ Short and Long-Term Debt

IRS Commissioner Pushes Back Timeline for Private Debt Collection Program

Rhode Island ‘Expired Debt Act’ More Than Name Implies

IRS Will Miss March 4 Deadline For Contracting With Private Debt Collectors

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Save the Date for March’s Webinar
Regulation of X & Z Enforcement Powerful New Tools for Consumer Bankruptcy Attorneys

  • Wednesday, March 2, 2016, 60 minutes
  • 3 PM Eastern / 2PM Central / 1PM Mountain / 12 PM Pacific
  • Presented by: Marc Dann, Former Ohio Attorney General

Description and Registration Link coming soon.

DON’T LET THE WEEKEND START WITHOUT REGISTERING FOR NACBASF!

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Get informed on the Supreme Court decision that may be affecting your bankruptcy firm. Attend the Supreme Court Round Up Session on Friday May 20th and get the update you need to stay current!

There’s only 96 days remaining until #NACBASF 2016 Register today and receive the Early Bird Rate for savings!

SAVE THE DATE! GET READY TO SAIL AWAY WITH NACBA IN 2016!

2016 never looked better!  Set your sights on sailing the friendly seas! Save the date and get ready to register for NACBA’s Fall Workshop Summit at Sea, October 7th-10th, 2016.

SCRAMBLING FOR A VALENTINES DAY GIFT?

NACBA is pleased to announce a National Purchasing Partners (NPP) exclusive!  Save 20% sitewide when you purchase Valentine’s flowers and gifts from 1-800flowers.com. Use the promo code NPP20 and find that special arrangement today for either Business Purchases orPersonal Purchases. Happy Valentines Day!

KEEP YOUR NACBA MEMBERSHIP CURRENT

With so many exciting educational events and networking opportunities on the horizon in 2016 begin this year by renewing your NACBA Membership! Renew Today! 

Not a member of NACBA? Want to take advantage of all the benefits NACBA  Members receive? Join  NACBA Today!

Receive NACBA’s Bankruptcy News Briefs Automatically!

Subscribe to NACBA NOW!

Bankruptcy News Briefs 1/28

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Today’s Headlines…

FTC Alleges Deception in Lawsuit Against DeVry University

Healthy Personal Loan Market Expected in 2016

Navient’s Financial Results Show Decade-Low Delinquency Rates

Fewer Properties in Dire Financial Condition: RealtyTrac

Wisconsin Legislature Considers Work-From-Home Option for Employees of Licensed Debt Collection Companies

2nd Circuit Rules Bankruptcy Code Does Not Preclude FDCPA Suit in District Court

Mere Physical Possession Not Legally Cognizable Property Interest

Are You Ready for NACBASF? REGISTER TODAY AND RECEIVE THE EARLY BIRD RATE!

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Join us at the San Francisco Marriott Marquis on May 19th-22nd for the 24th Annual Convention in San Francisco. This year’s convention offers 2 Pre-Convention Sessions! One of those is Evidence and Procedure for the Bankruptcy Litigator. This session offers specialized training in the practical approach to pre-trial advocacy & litigation.  You will get to explore evidence like business records, hearsay and get training on asking a leading vs. non-leading question along with pre-trail advocacy: what to ask, what to bring with you to court and what to do when you get there!  You will not want to miss it!

Register by March 25th to Receive the Early Bird Rate!  Visit http://nacbacon.com/  to register and learn more about the sessions, keynote speakers and a few new things NACBA has in store for you!

UPCOMING NACBA WEBINARS

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New Proof of Claim and Mortgage Attachment: The Other Form Changes

We all know that all of the bankruptcy filing forms were revised as of December 1, 2015.  But did you know that major changes were also made to the Proof of Claim form (Form 410) and the Mortgage Proof of Claim Attachment form (Form 410A), with the same effective on Dec. 1, 2015? Learn from two bankruptcy and consumer law experts how these form changes can help you in representing clients.  This webinar will help you to understand the new forms and what to look for in figuring out whether the creditor’s claim is accurate and whether the servicer may have misapplied payments or made other servicing errors before the bankruptcy was filed.

SAVE THE DATE!

2016 never looked better especially if you are buried under the snow right now!  Set your sights on sailing the friendly seas! Save the date and get ready to register for NACBA’s Fall Workshop Summit at Sea, October 7th-10th, 2016.

KEEP YOUR NACBA MEMBERSHIP CURRENT

With so many exciting educational events and networking opportunities on the horizon in 2016 begin this year by renewing your NACBA Membership! Renew Today! 

Not a member of NACBA? Want to take advantage of all the benefits NACBA Members receive?Make a resolution and Join  NACBA Today!

Receive NACBA’s Bankruptcy News Briefs Automatically!

Subscribe to NACBA NOW!

Bankruptcy News Briefs 1/21

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In the News…

Class-Action Lawsuit Cites Misleading Collection Letters

Supreme Court Rules that Unaccepted Offer Fully Satisfying a Plaintiff’s Claims Cannot Moot a Case

House Financial Services Committee Calls for Suspension of Settlement Ordered by CFPB

New National Poll Indicates Strong Support for Reform of Paid Tax Preparer Industry

First Possible Tech IPO of Year: Elevate Pushes Predatory Long-Term Payday Loans

Supreme Court Sides with Consumer on TCPA Case Campbell-Ewald v Gomez in 6-3 Decision

Thousands Apply to U.S. to Forgive Their Student Loans, Saying Schools Defrauded Them

REGISTER TODAY FOR NACBASF 2016 AND RECEIVE THE EARLY BIRD RATE!

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Join us at the San Francisco Marriott Marquis on May 19th-22nd for the 24th Annual Convention in San Francisco. This will be a convention to remember!

Just look at this lineup for the Keynote Speakers:

Just another reason to Register by March 25th to Receive the Early Bird RateVisit http://nacbacon.com/  to register and learn more about the sessions, keynote speakers and a few new things NACBA has in store for you!

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New Proof of Claim and Mortgage Attachment: The Other Form Changes

We all know that all of the bankruptcy filing forms were revised as of December 1, 2015.  But did you know that major changes were also made to the Proof of Claim form (Form 410) and the Mortgage Proof of Claim Attachment form (Form 410A), with the same effective on Dec. 1, 2015? Learn from two bankruptcy and consumer law experts how these form changes can help you in representing clients.  This webinar will help you to understand the new forms and what to look for in figuring out whether the creditor’s claim is accurate and whether the servicer may have misapplied payments or made other servicing errors before the bankruptcy was filed.

SAVE THE DATE!

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2016 never looked better!  Sail the friendly seas when you register for NACBA’s Fall Workshop Summit at Sea, October 7th-10th, 2016.

KEEP YOUR NACBA MEMBERSHIP CURRENT

With so many exciting educational events and networking opportunities on the horizon in 2016 begin this year by renewing your NACBA Membership! Renew Today! 

Not a member of NACBA? Want to take advantage of all the benefits NACBA Members receive?Make a resolution and Join  NACBA Today!

Receive NACBA’s Bankruptcy News Briefs Automatically!

Subscribe to NACBA NOW!

 

Bankruptcy News Briefs 1/15

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Headlines…

Foreclosure Inventory at Lowest Mark in Eight Years: Report

Collection Industry Regulatory Authority Muddled by Vague UDAAP Language

Texas Law Firm to Pay $3.4 million – Settling Class Action Matter Alleging Unauthorized Practice of Law in California

EDNY Stays TCPA Putative Class Action Pending SCOTUS Cases, Petition in D.C. Circuit

New Year, New Fraudulent Transfer Law

CFPB seems set to throw the baby out with the bath water

REGISTER TODAY FOR NACBASF 2016 AND RECEIVE THE EARLY BIRD RATE!

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Join us at the San Francisco Marriott Marquis on May 19th-22nd for the 24th Annual Convention in San Francisco. This will be a convention to remember! There are so many benefits in coming to #NACBASF…like Free Professional Headshots!

Isn’t time you update that ten-year old photo on your website, business card, Linkedin or bio? NACBA is providing attendees with a FREE professional headshot. Give your personal brand a boost with a professional headshot. After your photos are taken, you’ll be able to review and choose the final digital images emailed directly to you.

Just another reason to Register by March 25th to Receive the Early Bird RateVisit http://nacbacon.com/  to register and learn more about the sessions, keynote speakers and a few new things NACBA has in store for you!

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Free Webinar for NACBA Members!

Yelp, Avvo & Google Oh My! Online Reputation Management for Bankruptcy Attorneys

  • Wednesday, January 20, 2016, 60 minutes
  • 3 PM Eastern / 2PM Central / 1PM Mountain / 12 PM Pacific
  • Presented by: Catherine Sanders Reach, Director, Law Practice Management & Technology, Chicago Bar Association.
  • FREE For NACBA Members / $49 Non Member. REGISTER HERE

New Proof of Claim and Mortgage Attachment: The Other Form Changes

We all know that all of the bankruptcy filing forms were revised as of December 1, 2015.  But did you know that major changes were also made to the Proof of Claim form (Form 410) and the Mortgage Proof of Claim Attachment form (Form 410A), with the same effective on Dec. 1, 2015? Learn from two bankruptcy and consumer law experts how these form changes can help you in representing clients.  This webinar will help you to understand the new forms and what to look for in figuring out whether the creditor’s claim is accurate and whether the servicer may have misapplied payments or made other servicing errors before the bankruptcy was filed.

SAVE THE DATE!

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2016 never looked better!  Sail the friendly seas when you register for NACBA’s Fall Workshop Summit at Sea, October 7th-10th, 2016.

KEEP YOUR NACBA MEMBERSHIP CURRENT

With so many exciting educational events and networking opportunities on the horizon in 2016 begin this year by renewing your NACBA Membership! Renew Today! 

Not a member of NACBA? Want to take advantage of all the benefits NACBA Members receive?Make a resolution and Join  NACBA Today!

Receive NACBA’s Bankruptcy News Briefs Automatically!

Subscribe to NACBA NOW!

Bankruptcy News Briefs 12/15

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Making Headlines…

Debt Buyer’s Financials Raise Research Firm’s Fears

Proposed Bill Would Help State Collect Library Fines

Supreme Court to Hear FDCPA Case

TransUnion Predicts Increase in Auto Loan Balances

Supreme Court Enforces Mandatory Arbitration Provision in California

Student Loan Discharged Despite IBRP

Register for NACBA’s Upcoming Webinars!

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Today’s The Day!! Register Now!!

Encumbered Property
Tuesday, December 15, 2015
3 PM Eastern / 2 PM Central / 1 PM Mountain / 12 PM Pacific
Presented by: Hon. Eugene R. Wedoff & Tara Twomey, Esq.
Registration is Open! $25.00 for Members $75.00 for Non Members

THE FALL 2015 CONSUMER BANKRUPTCY JOURNAL 

With a new year upon us, does your office new a fresh start or a fresh attitude? Read about the key ways your actions will impact your employees in Kevin Chern’s article, “Actions Speak Louder Than Words in the Office,” in NACBA’s   2015 Consumer Bankruptcy Journal!

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ATTENTION #NACBASF EXHIBITORS AND SPONSORS! RESERVE YOUR BOOTH TODAY!

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Good News! You have the chance to be an Exhibitor and/or Sponsor at 2 NACBA Events!

Registration is Now Open  for Exhibitors and Sponsors for the 24th Annual NACBA Convention in San Francisco, CA May 19-22nd 2016 and/or at NACBA”s Fall Workshop, Summit at Sea, October 7th-10th 2016! Both events are perfect opportunities to network and showcase your company!Visit the  Prospectus to reserve your booth or become a sponsor today!

SAVE THE DATE!

2016 never looked better! Mark your calendars for 2 NACBA Events you won’t want to miss! Both events will be in beautiful locations, provide informative education sessions, and is an ideal opportunity to network with your colleagues while you earn CLE! Get ready to attend:

  • The 24th Annual NACBA Convention in gorgeous San Francisco, May 19th-22nd, 2016
  • Sail the friendly seas when you register for NACBA’s Fall Workshop Summit at Sea, October 7th-10th, 2016

KEEP YOUR NACBA MEMBERSHIP CURRENT

With so many exciting educational events and networking opportunities on the horizon in 2016 don’t end this year without renewing your NACBA Membership! Renew Today! 

Not a member of NACBA? Want to take advantage of all the benefits NACBA Members receive?  Join  NACBA Today!

Receive NACBA’s Bankruptcy News Briefs Automatically!

Subscribe to NACBA NOW!

Bankruptcy News Briefs 11/13

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Friday’s Headlines…

Reports of ‘Phantom Debt Collection Scams’ Continue

Big Mistake! Three Compliance Risks Collectors Overlook

Creditor’s Motion to Reopen Is Too Late

Delaware joins national crackdown on illegal debt collection

Bankruptcy Case Asks Supreme Court to Decide: What Is Fraud?

 Register for NACBA’s Upcoming Webinars!

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NOVEMBER WEBINARS

The Webinar Every Consumer Bankruptcy Attorney Needs to Attend! Don’t Start Your Weekend Without Registering!

Modernized” Bankruptcy Forms Webinar

Thursday, November 19, 2015
3:00 PM ET/ 2:00 PM CT/1:00 PM MT/12:00 PM PT
Presented by: Norma Hammes, Esq., Carey Ebert, Esq., (United States Chapter 7 & 13 Trustee) &Walter Oney, Esq.

Description: Full overview on what Official Bankruptcy Forms will be replaced with substantially revised, reformatted and renumbered versions effective December 1, 2015. Register Today!

DECEMBER WEBINARS

Beyond Confidentiality: Bankruptcy Attorneys and Security Best Practices,
Wednesday, December 9, 2015
3:00 PM Eastern /2:00 PM Central / 1:00 PM Mountain / 12:00 PM Pacific,
Presented by: Catherine Sanders Reach, Director, Law Practice Management & Technology, Chicago Bar Association
Registration is Open!

Encumbered Property
Tuesday, December 15, 2015
3 PM Eastern / 2 PM Central / 1 PM Mountain / 12 PM Pacific
Presented by: Hon. Eugene R. Wedoff & Tara Twomey, Esq.
Registration is Open!

ATTENTION #NACBASF EXHIBITORS AND SPONSORS! RESERVE YOUR BOOTH TODAY!

Don’t miss out on the opportunity to be an exhibitor or sponsor at the 24th NACBA Convention in San Francisco, CA May 19-22nd 2016 and/or at NACBA”s Fall Workshop, Summit at Sea, October 7-10th 2016! Registration is NOW OPEN! Check out the Prospectus to reserve your booth or become a sponsor today!

THE 24th ANNUAL NACBA CONVENTION IS AROUND THE CORNER!

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Save the date we’re heading to the golden coast! Join us in San Francisco, CA on May 19-22, 2016 at the Downtown Marriott Marquis for another dynamic NACBA Convention packed with sessions, speakers and networking opportunities you won’t want to miss!

COME SAIL AWAY!  SAVE THE DATE FOR  NACBA’s SUMMIT AT SEA!

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NACBA is pleased and excited to announce the return of our Members-Only Fall Event! On October 7-10, 2016 prepare to set sail on NACBA’s maiden voyage at sea! The Summit at Sea will offer education on a variety of topics that you will not want to miss.  NACBA encourages you to bring the family too! The schedule and speakers will be announced shortly.

NACBA MEMBERSHIP

There are so many exciting educational events and networking opportunities on the horizon that you won’t want to miss out one so make  sure  your  NACBA Membership is current, Renew Today! 

Not a member of NACBA? Consider Joining and take advantage of  all the benefits that NACBA offers!

Receive the Bankruptcy News Briefs Automatically! Subscribe to NACBA NOW Today!

 

 

Bankruptcy News Briefs 10/21

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Making Headlines…

Ohio Collection Agency Could Pursue $160M in Tennessee Debt

Fair Credit Reporting Act Lawsuits Rise

The Supreme Court May Weigh In on a Student Debt Battle

Tech Support Scammers Settle FTC’s Charges

Downturn in Debt Collection Complaints and Litigation Continues

IRS Private Debt Collection Program: Is it About Politics, or What’s Best for our Country?

1 DAY LEFT UNTIL NACBA’S VIRTUAL FALL WORKSHOP! Register Today!

Student Loans in Bankruptcy Virtual Fall Workshop

October 22-23rd 2015
12:00 PM Eastern to 3:00 PM Eastern
$199.00 NACBA Members
$349.00 Non-Members
Visit the Workshop Agenda for a complete list of speakers.
Register Here

In addition to the Welcome and Washington Brief update from United States Senator Elizabeth Warren (D-MA), sessions will include instruction from the following prominent speakers:

NACBA WEBINARS

November 19th Webinar

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Modernized” Bankruptcy Forms Webinar
Thursday, November 19, 2015
3:00 PM ET/ 2:00 PM CT/1:00 PM MT/12:00 PM PT
Presented by: Norma Hammes, Esq., Carey Ebert, Esq., (United States Chapter 7 & 13 Trustee) &Walter Oney, Esq.

Description: Full overview on what Official Bankruptcy Forms will be replaced with substantially revised, reformatted and renumbered versions effective December 1, 2015. Register Today!

24th ANNUAL NACBA CONVENTION

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Save the date we’re heading to the golden coast! Join us in San Francisco, CA on May 19-22, 2016 at the Downtown Marriott Marquis for another dynamic NACBA Convention.

COME SAIL AWAY!  SAVE THE DATE FOR  NACBA’s SUMMIT AT SEA!

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NACBA is pleased and excited to announce the return of our Members-Only Fall Event! On October 7-10, 2016 prepare to set sail on NACBA’s maiden voyage at sea!The Summit at Sea will offer education on a variety of topics that you will not want to miss.  NACBA encourages you to bring the family too! The schedule and speakers will be announced soon.

The Perks of Being a NACBA Member

  • NACBA cares about your professional development that’s why NACBA members are entitled to a 15% discount off all CLE courses and bundles with Continuing Legal Education: On Demand with Attorney Credits.com .
  • Need a new look for your website? One that is polished and efficient? Amicus Creative Media the Preferred Website Developer for NACBA offers bankruptcy attorneys a comprehensive website solution. All members can receive a semi-custom website package for only $1199 (usually $2250).
  • NACBA Members and partners provide free and discounted webinars for members on many relevant topics that will improve your practice and your knowledge of current technologies. Check NACBA Events so that you won’t miss out on any of these informative webinars. Free webinars can also be found in the Members Section.

Make sure you can take advantage of your NACBA benefits by Renewing  your NACBA membership. Not a member consider Joining and take advantage of the educational opportunities, networking and benefits NACBA offers!

Receive the Bankruptcy News Briefs Automatically! Subscribe to NACBA NOW Today!

 

Bankruptcy Filers Beware: Con-Artists Posing As Attorneys

Telephone-Scam Soliciting Wire Transfers Prompts NACBA and Vermont Attorney General to Issue Consumer Warning

Across the country, consumers are falling prey to a new scam targeting people who have filed for bankruptcy and others just getting started with the process. Bankruptcy attorneys are joining forces with public officials to sound the alarm bell to unsuspecting consumers.

The con artists are using software that “spoofs” the Caller ID system so that the call appears to be originating from the phone line of the consumer’s bankruptcy attorney. Victims of the scam are being instructed to immediately wire money to satisfy a debt that supposedly is outside the bankruptcy proceeding. Some consumers have been threatened with arrest if they fail to wire money to pay the debt.

In some instances, the perpetrators are using personal information from public filings to identify consumers, assume the identity of their attorneys and sound more convincing by phone. These calls are typically placed during non-business hours, making it difficult for clients to verify the call by getting in touch with their attorney to ask about it.

The National Association of Consumer Bankruptcy Attorneys (NACBA) and its individual members want consumers to know that under no circumstance would a bankruptcy attorney or staff member telephone a client and ask for a wire transfer immediately to satisfy a debt. Nor would the bankruptcy attorney and staff ever threaten arrest if a debt isn’t paid.

Consumers should be advised that legitimate debt collectors and agencies cannot threaten arrest in order to satisfy. If you or a family member receive this kind of call, the best thing to do is to hang up and contact your bankruptcy attorney as soon as possible. Do NOT give out any personal or financial account information to the caller.

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.

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.

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.

Bankruptcy News Briefs 6/23

Hospital Loses Loan Lawsuit

Medical Debt Collector Settles CFPB Enforcement Action

Caulkett Does Not Affect Lien-Stripping in Chapter 13

Madoff Trustee’s High Court Rebuff May Cut Victim Recoveries

As Corinthian Claim Deadline Approaches, Few Students Expected to File

Companies to Pay Restitution to Settle Charges of Illegal Activity

CFPB Wants Search Engines to Help Stop Student Debt Scams

Register for the 2015 Supreme Bankruptcy Court Decisions & What They Mean for Your Practice on June 24th!

Not a Member of NACBA and Want to Take Advantage of Webinars, Resources, Networking and More? Join Today!

Don’t Forget to Renew Your NACBA Membership!