U.S. News

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.

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New NACBA State Chair Announced For Central California

Los Angeles Attorney Jenny Doling Tackles New Role Leading Education Program for National Association of Consumer Bankruptcy Attorneys

The National Association of Consumer Bankruptcy Attorneys (NACBA) announced that California attorney Jenny L. Doling of the Law Offices of Jenny L. Doling, A.P.L.C. in Palm Desert, California will serve as its new state chair representing the entire Central District of California, the largest district in the Country.

dolingAs NACBA’s state chair for the Central District of California, Doling 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.

Jenny L. Doling said: “I am honored to represent NACBA as the new State Chair for the Central District of California.  NACBA’s unparalleled efforts to advocate for consumer bankruptcy debtors nationwide has brought about clear and necessary changes in an unbalanced financial industry. I look forward to working with NACBA in its efforts to protect the rights of struggling families, to advocate for better laws, and to bring members together for a stronger debtors’ bar.”

NACBA Executive Director Dan LaBert said: “Our leadership team is dedicated to continuing our mission in California 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.  Jenny is a longstanding NACBA member and will make an excellent state chair in the Central District of California.  We look forward to working closely with her to represent bankruptcy attorneys and their important policy objectives across a wide range of issues.”

Jenny Doling has been working with consumer debtors for nearly 20 years, and is licensed to practice law in California and Nevada.  She has several reported cases in the Central District of California and the 9th Circuit BAP.  Doling is a Professor of Bankruptcy Law for the California Desert Trial Academy. In addition, she is an active member of NACBA, and the California Bar Association.  She also serves on the Board of the Inland Empire Bankruptcy Forum (IEBF).  Doling is a frequent panel speaker at continuing education conferences for IEBF, NACBA, NACTT, and NCBJ.

New NACBA State Chair Announced For Eastern Pennsylvania

Philadelphia Attorney Stephen Dunne Tackles New Role Leading Education Program for National Association of Consumer Bankruptcy Attorneys

The National Association of Consumer Bankruptcy Attorneys (NACBA) announced that Philadelphia bankruptcy attorney Stephen M. Dunne of Dunne Law Offices will serve as its new state chair representing Eastern Pennsylvania.

As NACBA chair of Eastern Pennsylvania, Dunne 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.

Stephen Dunne said: “It is an honor and a privilege to be nominated to serve as the Eastern Pennsylvania State Chair of the National Association of Consumer Bankruptcy Attorneys.  NACBA works tirelessly to ensure the voices of consumer debtors and their attorneys are heard in the halls of Congress.  I am grateful for the opportunity to serve as State Chair and I look forward to protecting and enhancing the rights of consumer bankruptcy debtors.”

NACBA Executive Director Dan LaBert said: “Our leadership team is dedicated to continuing our mission in Pennsylvania 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.  Stephen is a longstanding NACBA member and will make an excellent state chair in Eastern Pennsylvania.  We look forward to working closely with him to represent bankruptcy attorneys and their important policy objectives across a wide range of issues.”

Dunne was named “Pennsylvania Super Lawyer” by Philadelphia Magazine.  His legal analysis has been featured on Fox News, The Philadelphia Inquirer, Philadelphia Daily News and The Nation.

As an undergraduate at Penn State University, Dunne served as an infantry soldier in the Pennsylvania National Guard and as a cadet in the R.O.T.C. Later, he attend the New England School of Law in Boston, interned at the Boston Stock Exchange and clerked for McGarthy & Ged. Through these experiences early in his legal career, Dunne developed an interest in helping people find financial relief through legal action.

NEW MORTGAGE RULES WILL HAVE SIGNIFICANT EFFECT ON PRACTICE & CLIENTS

Following on both previous comments submitted to the Consumer Finance Protection Bureau (“CFPB”) and active participation in round table meetings with representatives from the financial services industry, NACBA has continued to be engaged and vigilant regarding the proposed amendments by the CFPB to the 2013 Mortgage Rules under the Real Estate Settlement Procedures Act (Regulation X) and the Truth in Lending Act (Regulation Z).

Working with our allies, particularly the National Consumer Law Center, NACBA has submitted the additional comments (linked below) to the proposed rules. We are hopeful that the amendments, which are already favorable to our clients and our practices, will be adopted with many of the further improvements we have suggested.

John Rao, to whom tremendous amounts of thanks are owed by all of us, has dissected and examined these proposed amendments in detail and will be speaking on this topic and how these rules will apply in bankruptcy, on Sunday, April 26, 2015, 10:30 AM at the 23rd Annual NACBA Convention in Chicago.  Joining him will be Will Corbett, Senior Counsel at the Consumer Financial Protection Bureau.

This is a panel not to miss as these new rules will have a significant effect on your clients and also your practice, including new ways to both pursue mortgage servicers for their bad acts and get damages and attorneys’ fees.

Since many people, including those from other organizations, may be learning of this late and may be primarily interested in the mortgage servicing issues, we are offering a $100 discount from the regular $795 cost if you register by March 31st and include the code “CFPB695” in your registration.  Email the attached registration to admin@nacba.org or fax to (866) 408-9515.  (Avoid registering online as it will force the higher rate.)

I hope that you will agree that this is yet another example of the positive impact that NACBA is having on our practices, especially in our expanded role in the courts, Congress, and administrative agencies.  Please also join me in again thanking John Rao and NCLC for their work on these rules.

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* CFPB695 code cannot be combined with other codes.

Why ‪#‎NACBACHI‬? FREE: 2015 COLLIER PORTABLE eBOOK ($245 value)

Why ‪#‎NACBACHI‬? FREE FOR NACBA MEMBERS: 2015 COLLIER PORTABLE eBOOK ($245 value)

collierCourtesy of NACBA & LexisNexis®, all attendees at the upcoming 23rd Annual Convention, April 23-26, 2015 in Chicago IL will receive the 2015 Collier Portable eBook. This edition gives you mobile access to the full text of the Code and Rules in one handy source. Convention attendees need to simply stop by the LexisNexis Booth to receive a redeemable coupon voucher for the complimentary eBook. This ebook is traditionally sold for $245, however, will be FREE for #NACBACHI attendees!

Still not convinced you should attend this year’s NACBA Convention, allow us to present the evidence:

FREE 2015 Collier Portable eBook ($245 value)

FREE Taxes in Bankruptcy webinar & materials ($249 member value)

FREE copies of Bankruptcies and Money Disasters of the Rich and Famous (formerly “They Went Broke”) for not only attorneys but also clients. (Up to 12 copies per attendee. $12.95 per book value = $155.40)

FREE Convention Audio & Presentation Materials to ALL Registrants. In the past, attendees would have to reach deeper into their pockets and purchase audio-only files for hundreds of dollars if they wanted to revisit any convention session. Not for this convention! ALL registered attendees will receive online access for three (3) months to review all AudioPoint™ recorded presentation files at no additional charge or registration price increase. (2014 NACBANYC = cost $447 for complete set of CD audio files).

President’s Discount of $100. Missed the early bird discount? No problem. Per recent message from NACBA President Ed Boltz regarding recent developments in Student Loans and Chapter 13, he has personally offered a $100 discount off the current registration price of $795. You must email or fax your registration to NACBA and use code IDR695. This discount expires March 31, 2015.

– Included with your registration, CLE Credits. Up to 15 credits may be offered (depending on your state) including the often sought after Ethics credit.

$245 Collier eBook
$249 Taxes in Bankruptcy
$447 AV Convention Materials
$155 Bankruptcies Rich & Famous (12 copies)
Total Value: $1096

Current Registration Rate: $795
Apply President’s Discount IDR695 via email or fax of $100
Register Now: $695
@ NACBA2015.org
#NACBACHI

Bankruptcy Briefs 2/4

Denial of Motion to Reopen to Amend Exemption Was Abuse of Discretion

Consumer Relations Consortium Announces New Member: FMA Alliance

Judge finds Gomery lacked ‘good faith’ in bankruptcy

Retiring New Jersey Bankruptcy Judge Donald Steckroth to Join Cole Schotz

CFPB Sets Consumer Advisory Board Meeting on Medical Debt

My Father Won’t Pay His Parent PLUS Loan

Developer blames law firm for personal bankruptcy case

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 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