Trustees

Bankruptcy News Briefs 2/27

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SCOTUS Declines to Decide Late-Filed Tax Return Issue

Consumer Litigation Filings Show Universal Increase in January

President Donald Trump Issues Another Executive Order to Curb Regulations

Bank Card Default Rates Post Significant Gain in January

Debt collector accused of misrepresentation

Banks must weigh inevitable backlash to Dodd-Frank rollback

Mortgage Servicer Defeats Class Certification Over Collection Practices Allegedly Targeting Discharged Mortgage Debts

Paid Rejection: Bankruptcy Court Allows Professional Fees Despite Trustee’s Flawed Strategy

pcoming NACBA Events

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Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today for the Early Bird Rate that ends March 17th, 2017 for savings!

Register Today for Two New NACBA Webinars in  March!

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10 Critical Numbers That Will Determine the Success or Failure of Your Law Firm
Date: Thursday, March 2, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, The Rainmaker Institute
Cost: No Fee – NACBA Member Benefit
Register HERE

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Register HERE

Receive a $25 Amazon Gift Card!

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the Requirements and start referring today!

 NACBA Membership Promotion!

Renew your membership this month and be entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month January 2017 through July 2017. Renew Today!

#NACBA25 Highlight

Fireside Chats Are Back!

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Fireside Chats are a perfect opportunity for attendees to gather with their peers to ‘chat,’ about topics, share ideas, and ask questions in a more intimate setting. We are excited to announce the #NACBA25 Fireside Chat lineup and presenters:

  • Ask the Evidence Professor: Presenters John Cantrell and Professor Edward Imwinkelried
  • Strategies for Dealing with Overreaching Trustees: Presenters Paul Maschmeyer and Richard Nemeth
  • Protecting Your (Haunted) Mansion From Forced Surrender: Presenters Chuck Moore and Jeff Tromberg
  • How to Locate Your Client’s Hidden Treasure of the 7 (or 13) Seas: Presenters: Alex Dolhancyk and Jeff Tromberg

Visit the full schedule for #NACBA25 for a full description with the date, time and place! Get ready for some great conversation!

2016 Virtual Bankruptcy Workshop Session Highlight!

2016

Friday, December 9, 2016

1:30 PM-2:30 PM ET

Dry Docking Aggressive Trustees: Getting the Overreaching Chapter 7 Trustee Out of the Water and on to the Shore!

Presented by:

Richard H. Nemeth, Esq. & Paul Maschmeyer Esq.

Are your clients being subject to out of line requests and turnover actions by overbearing Trustees? Richard Nemeth and Paul Maschmeyer  will discuss methods of dealing with these actions including responding to information requests, use of extensions of time to object to requests by the Trustee and how to use the political system to help your client. Learn how to defend turnover of mass tort awards and college tuition fraudulent conveyance litigation, and how to exclude inherited IRA from property of the estate (In re Clark). Stop requests to turn over convenience accounts and use secured creditor carve outs to help your client, not hurt them, and much more.

About Our Presenters:

avatar for Paul Maschmeyer

Paul Maschmeyer
Mr. Maschmeyer is a Shareholder/Director of Maschmeyer Karalis P.C. This firm limits its practice to Bankruptcy, Corporate, Corporate Reorganization, Litigation, Insolvency,Creditors’ Rights and Real Estate Law. Mr. Maschmeyer has represented trustees in many bankruptcy liquidations, official creditors’ committees and debtors in numerous Chapter 11 reorganizations.Mr. Maschmeyer is a member of the Philadelphia and Pennsylvania Bar Associations, the Eastern District of Pennsylvania Bankruptcy Conference, the American Bankruptcy Institute and the National Association of Bankruptcy Trustees. He is a member of the Board of Directors of the Consumer Bankruptcy Assistance Project.In addition to holding an AV® rating from Martindale-Hubbell, Mr. Maschmeyer is certified as a Business Bankruptcy Law Specialist by the American Bankruptcy Board of Certification and an author of Colliers Handbook for Trustees and Debtors-in- Possession. He is recognized by Philadelphia Magazine as a Pennsylvania Super Lawyer in the practice area of Bankruptcy and Creditor/Debtor Rights.

avatar for Richard Nemeth

Richard Nemeth
Mr. Nemeth is a consumer and small business bankruptcy practitioner and litigator in Cleveland, Ohio and the ND Ohio state chair for NACBA. He has been practicing bankruptcy law in Cleveland for over 25 years.In July, 2008, Mr. Nemeth was named NACBA Member of the Month for spearheading a successful effort to get the Ohio legislature to adopt a new and far more consumer-friendly exemption statute. Mr. Nemeth is a frequent speaker at local, regional and national continuing legal education seminars, and is often asked by reporters to comment on consumer issues for local and national media publications. He has been involved in a considerable amount of consumer litigation, representing borrowers against lenders, mortgage brokers, servicers, collection agencies and their law firms in stay and discharge violation, breach, fraud, civil conspiracy, truth-in-lending, RESPA, FDCPA and other matters in which he has won substantial awards for his clients.
Mr. Nemeth is a graduate of Case Western Reserve University and the Cleveland-Marshall College of Law.

Register Today!

2016 Virtual Bankruptcy Workshop Session Highlight!

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Friday, December 9th

12:30 PM-1:30 PM ET

Even Cruisers Have Fears: Getting Over Your Triskaidekaphobia! Straight talk about Chapter 13
Presented by: Hank Hildebrand Esq. & John Rao, Esq.

Learn how to build a Chapter 13 practice. Plus learn recent developments in Chapter 13, creative uses of chapter 13 plans and creative plan terms, how to successfully litigate confirmation issues, when to challenge your Trustee and more.

More About the Presenters

avatar for Hank Hildebrand

Hank Hildebrand
Mr. Hildebrand has served as Standing Trustee for Chapter 13 matters in the Middle District of Tennessee since 1982 and as Standing Chapter 12 Trustee for that district since 1986. He also is of counsel to the Nashville law firm of Farmer, Purcell, White and Lassiter, PLLC. Mr. Hildebrand graduated from Vanderbilt University and received his J.D. from the National Law Center of George Washington University. He is a fellow of the American College of Bankruptcy and serves on its Education Committee. He is Board Certified in consumer bankruptcy law by the American Board of Certification. He is Chairman of the Legislative and Legal Affairs Committee for the National Association of Chapter 13 Trustees (NACTT). In addition, he is on the Board of Directors for the NACTT Academy for Consumer Bankruptcy Education, Inc. Mr. Hildebrand has served as case notes author for The Quarterly, a newsletter dealing with consumer bankruptcy issues and Chapter 13 practice in particular, since 1991. He is a regular contributor to the American Bankruptcy Institute Journal. He is an adjunct faculty member for the Nashville School of Law and St. Johns University School of Law.

avatar for John Rao

John Rao

John Rao is an attorney with the National Consumer Law Center, Inc. Mr. Rao focuses on consumer credit and bankruptcy issues and has served as a panelist and instructor at numerous bankruptcy and consumer law trainings and conferences. He has served as an expert witness in court cases and has testified in Congress on consumer matters. Mr. Rao is a contributing author and editor of NCLC’s Consumer Bankruptcy Law and Practice; co-author of NCLC’s Foreclosures; Bankruptcy Basics; Guide to Surviving Debt; and NCLC Reports: Bankruptcy and Foreclosures Edition, and contributing author to NCLC’s Student Loan Law. He is also a contributing author to Collier on Bankruptcy and the Collier Bankruptcy Practice Guide. Mr. Rao serves as a member of the federal Judicial Conference Advisory Committee on Bankruptcy Rules, appointed by Chief Justice John Roberts in 2006. He is a conferee of the National Bankruptcy Conference, fellow of the American College of Bankruptcy, vice-president for the National Association of Consumer Bankruptcy Attorneys, and former board member for the American Bankruptcy Institute. He is an adjunct faculty member at Boston College School of Law. Mr. Rao is a graduate of Boston University and received his J.D. in 1982 from the University of California (Hastings)

Register Today!

#NACBASEA Spotlight with Hank Hildebrand and John Rao

What in the World is Triskaidekaphobia?
Find out in the #NACBASEA Session…
“Even Cruisers Have Fears: Getting Over Your Triskaidekaphobia: Straight Talk About Chapter 13”
Join us on Sunday, October 9th from 8:15 am-9:45 am to learn how to build a Chapter 13 practice. Plus learn recent developments in Chapter 13, creative uses of chapter 13 plans and creative plan terms, how to successfully litigate confirmation issues, when to challenge your Trustee and more with our presenters, Hank Hildebrand and John Rao.
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Hank Hildebrand
Mr. Hildebrand has served as Standing Trustee for Chapter 13 matters in the Middle District of Tennessee since 1982 and as Standing Chapter 12 Trustee for that district since 1986. He also is of counsel to the Nashville law firm of Farmer, Purcell, White and Lassiter, PLLC. Mr. Hildebrand graduated from Vanderbilt University and received his J.D. from the National Law Center of George Washington University. He is a fellow of the American College of Bankruptcy and serves on its Education Committee. He is Board Certified in consumer bankruptcy law by the American Board of Certification. He is Chairman of the Legislative and Legal Affairs Committee for the National Association of Chapter 13 Trustees (NACTT). In addition, he is on the Board of Directors for the NACTT Academy for Consumer Bankruptcy Education, Inc. Mr. Hildebrand has served as case notes author for The Quarterly, a newsletter dealing with consumer bankruptcy issues and Chapter 13 practice in particular, since 1991. He is a regular contributor to the American Bankruptcy Institute Journal. He is an adjunct faculty member for the Nashville School of Law and St. Johns University School of Law.
rao
John Rao
John Rao is an attorney with the National Consumer Law Center, Inc. Mr. Rao focuses on consumer credit and bankruptcy issues and has served as a panelist and instructor at numerous bankruptcy and consumer law trainings and conferences. He has served as an expert witness in court cases and has testified in Congress on consumer matters. Mr. Rao is a contributing author and editor of NCLC’s Consumer Bankruptcy Law and Practice; co-author of NCLC’s Foreclosures; Bankruptcy Basics; Guide to Surviving Debt; and NCLC Reports: Bankruptcy and Foreclosures Edition, and contributing author to NCLC’s Student Loan Law. He is also a contributing author to Collier on Bankruptcy and the Collier Bankruptcy Practice Guide. Mr. Rao serves as a member of the federal Judicial Conference Advisory Committee on Bankruptcy Rules, appointed by Chief Justice John Roberts in 2006. He is a conferee of the National Bankruptcy Conference, fellow of the American College of Bankruptcy, vice-president for the National Association of Consumer Bankruptcy Attorneys, and former board member for the American Bankruptcy Institute. He is an adjunct faculty member at Boston College School of Law. Mr. Rao is a graduate of Boston University and received his J.D. in 1982 from the University of California (Hastings).

#NACBASEA Spotlight with Richard H. Nemeth and Paul Maschmeyer

Dry Docking Aggressive Trustees: Getting the Overreaching Chapter 7 Trustee Out of the Water and Onto the Shore!
Saturday, October 8th 11:00 AM-12:00 PM
Are your clients being subject to out of line requests and turnover actions by overbearing Trustees? Richard Nemeth and Paul Maschmeyer will discuss methods of dealing with these actions including responding to information requests, use of extensions of time to object to requests by the Trustee and how to use the political system to help your client.
 Learn how to defend turnover of mass tort awards and college tuition fraudulent conveyance litigation, and how to exclude inherited IRA from property of the estate (In re Clark).  Stop requests to turn over convenience accounts and use secured creditor carve outs to help your client, not hurt them, and much more.
Presenters:
avatar for Richard H Nemeth (Hal)
Richard H. Nemeth (Hal)
Mr. Nemeth is a consumer and small business bankruptcy practitioner and litigator in Cleveland, Ohio and the ND Ohio state chair for NACBA.  He has been practicing bankruptcy law in Cleveland for over 25 years.In July, 2008, Mr. Nemeth was named NACBA Member of the Month for spearheading a successful effort to get the Ohio legislature to adopt a new and far more consumer-friendly exemption statute.  Mr. Nemeth is a frequent speaker at local, regional and national continuing legal education seminars, and is often asked by reporters to comment on consumer issues for local and national media publications.  He has been involved in a considerable amount of consumer litigation, representing borrowers against lenders, mortgage brokers, servicers, collection agencies and their law firms in stay and discharge violation, breach, fraud, civil conspiracy, truth-in-lending, RESPA, FDCPA and other matters in which he has won substantial awards for his clients.  Mr. Nemeth is a graduate of Case Western Reserve University and the Cleveland-Marshall College of Law.
avatar for Paul Maschmeyer
Paul Maschmeyer
Mr. Maschmeyer is a Shareholder/Director of Maschmeyer Karalis P.C. This firm limits its practice to Bankruptcy, Corporate, Corporate Reorganization, Litigation, Insolvency,Creditors’ Rights and Real Estate Law. Mr. Maschmeyer has represented trustees in many bankruptcy liquidations, official creditors’ committees and debtors in numerous Chapter 11 reorganizations.Mr. Maschmeyer is a member of the Philadelphia and Pennsylvania Bar Associations, the Eastern District of Pennsylvania Bankruptcy Conference, the American Bankruptcy Institute and the National Association of Bankruptcy Trustees. He is a member of the Board of Directors of the Consumer Bankruptcy Assistance Project.In addition to holding an AV® rating from Martindale-Hubbell, Mr. Maschmeyer is certified as a Business Bankruptcy Law Specialist by the American Bankruptcy Board of Certification and an author of Colliers Handbook for Trustees and Debtors-in- Possession. He is recognized by Philadelphia Magazine as a Pennsylvania Super Lawyer in the practice area of Bankruptcy and Creditor/Debtor Rights.