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    Archived pages: 111 . Archive date: 2013-11.

  • Title: Benefits and Services
    Descriptive info: NACBA Member Benefit (Membership).. Click Image to View Information.. NACBA Member Discount.. NACBA members receive 10% off any new book order from the.. National Consumer Law Center.. , excluding supplement-only orders or already discounted items.. NCLC publishes the definitive practice manual,.. Consumer Bankruptcy Law and Practice.. by Henry Sommer and edited by John Rao, as well as other consumer law treatises and guides, including.. Fair Debt Collection and Foreclosures: Defenses, Workouts, and Mortgage Servicing.. Member Services and Benefits.. Because it is the only national organization dedicated to consumer bankruptcy issues, NACBA provides valuable services to debtors, members, policy makers and the general community.. NACBA membership provides both professional development and personal satisfaction.. NACBA members can take advantage of the Annual Convention and up to 13 hours of CLE in just one seminar.. Members can use the listserv and, with all of the NACBA colleagues, feel as though they have hundreds of law firm associates on whose expertise they can draw.. NACBA members get personal satisfaction knowing that they belong to an organization that stands up to the credit industry s attempts to change the Bankruptcy Code for its own gain, regardless of the harm to debtors and the bankruptcy system.. Free Fastcase Legal Research.. I first joined NACBA many years ago and was incredibly impressed with the quality and amount of useful information I would gain at the annual conventions and seminars.. Like all of us, I had attended many bankruptcy seminars over the years, but the bulk of the content at those seminars had nothing to do with my practice.. The intricacies of chapter 11's and workouts somehow didn t interest me! When I attended my first NACBA seminar, I thought I had died and gone to heaven.. I couldn t believe such a resource existed and I had not known about it.. A consumer bankruptcy practitioner would be foolhardy not to join NACBA.. John Rogers, Glasgow, KY.. Member since 1999.. Each NACBA member receives free, as part of his/her membership, access to Fastcase s bankruptcy database, including opinions of: (i) the U.. S.. Supreme Court from 1 U.. 1 to the present; (ii) the Federal Courts of Appeal from 1 F.. 2d 1 to the present; (iii) the Federal District Courts from 1 F.. Supp.. 1 to the present; and (iv) the Bankruptcy Courts from 1 B.. R.. 1 to the present.. In addition, NACBA members are eligible to purchase Fastcase s Premium Plan, which includes access to a database of opinions of the supreme courts and courts of appeal of all 50 states, at an annual rate of just $195.. This is a significant discount from the non-member annual price of $995.. Amicus Brief Project and Litigation Support.. NACBA files.. amicus briefs.. in selected appellate and Supreme Court cases that could significantly impact consumer bankruptcy rights.. The program has achieved national recognition and has influenced many important judicial decisions, some of which have specifically cited NACBA's briefs.. Most recently NACBA filed successful amicus briefs in the United States Supreme Court in Till v.. SCS Credit Corp.. on the proper method for calculating the discount interest rate in a chapter 13 cramdown and Tennessee Student Assistance Corp.. v.. Hood concerning sovereign immunity under the Bankruptcy Clause of the Constitution in relation to the hardship discharge for student loans.. NACBA has expanded its program to include lower court cases on important issues under the 2005 bankruptcy legislation.. NACBA members have access to all amicus  ...   benefits per person, and a 10% health member discount at renewal.. You can enroll any time.. I do need to mention that there are a couple of states where coverage will not be available due to the regulations in those states.. With regard to rates and underwriting.. - The rates are developed and underwritten on a member by-member basis and rated according to each state s laws as they pertain to the insurance company s filed and maximum rate.. Your rates will also be based on the levels of coverage you choose.. USI and its vendor partners do their own underwriting to prepare expedite applications for approvals, which means that you can be approved in as little as 24 hours!.. Ancillary Coverage on.. Dental, Life, Disability, Travel, and Accident.. is also available.. Attorney Finder listing.. NACBA members can increase their business with a free listing in NACBA s on-line.. Attorney Finder.. , which is prominently featured for consumers looking for a bankruptcy attorney.. The Attorney Finder profile includes a link to the member s own website, a profile of the member and other features.. Representation in Washington.. NACBA's team of legislative advocates in Washington assists the Board of Directors to ensure that the voices of consumer debtors and their attorneys are heard in debates about proposed changes to the Bankruptcy Code.. NACBA has represented the views of consumer debtors and their attorneys not only in the halls of Congress, but also before the Executive Office of the U.. Trustee, the Internal Revenue Service, and the Advisory Committee on Bankruptcy Rules.. NACBA also maintains strong working relationships with other organizations and individuals protecting the rights of consumers.. NACBA Members may participate in this process through our Capitol Hill Day event, when NACBA members gather in Washington to meet with their Senators and Congressional representatives to educate them on issues affecting debtors.. Document Resource Center.. NACBA members can post materials to a Member-maintained document resource center that includes amicus briefs, model brief, member-posted legal pleadings, and articles and documents that aid members in their practice.. NACBA Listserv.. One of the most popular features of NACBA membership is the ability of NACBA members to pose bankruptcy questions and get real time responses from their colleagues around the country.. NACBA Listserv participants enjoy the unparalleled ability to post both the easy and hard questions to some of the best consumer bankruptcy attorneys in the nation.. This listserv, which also functions as a virtual community of people doing the same type of work, is a boon for the new practitioner as well as the most sophisticated consumer bankruptcy attorneys.. Monthly eNewsletter.. NACBA s Monthly Newsletter for members features timely articles regarding important legislative matters and court decisions, as well as technology tips and other information important to bankruptcy practitioners.. Renew Your Membership!.. We recommend you join NACBA by using our online application process.. Join Online Now!.. If you prefer paper, you have the option of filling out and either mailing or faxing the application form in the Membership Brochure.. All necessary instructions are provided within the Membership Brochure.. Download the Membership Brochure.. We recommend you renew you NACBA membership by using our online renewal process.. Renew Online Now!.. If you prefer paper, you have the option of filling out and either mailing or faxing a renewal form to NACBA.. All necessary instructions are provided within the Renewal Form.. Download the Renewal Form.. Online Resources.. Consumer Tips.. Amicus Assistance.. Links and Articles..

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  • Title: Amicus Project
    Descriptive info: Amicus Briefs.. In 2010, the Board of the National Association of Consumer Bankruptcy Attorneys founded the National Consumer Bankruptcy Rights Center (NCBRC) to provide assistance to consumer debtors and their counsel in cases likely to impact consumer bankruptcy law.. The National Consumer Bankruptcy Rights Center (NCBRC) is a 501(c)(3) organization dedicated to protecting the integrity of the bankruptcy system and preserving the rights of consumer bankruptcy debtors.. NCBRC files amicus curiae briefs in courts throughout the country.. Where a case may have broad implications, an amicus curiae brief is an important way to bring those concerns to the attention of  ...   debtors or their counsel rather than amicus curiae briefs.. NCBRC engages in numerous education activities designed to inform NACBA members and the public about important bankruptcy cases and to help those working in the field better serve the needs of financially distressed individuals and families facing bankruptcy.. NCBRC s website provides updates on bankruptcy cases that have broad impact on consumer bankruptcy rights and offers numerous resources including an easily searchable brief bank.. To request assistance with a case,.. click here.. For more information on NCBRC or for updates on the latest cases affecting consumer bankruptcy debtors,.. visit NCBRC's website..

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  • Title: NACBA Webinars
    Descriptive info: NACBA Launches Webinar Program.. After two highly successful pilot webinars this fall, NACBA s Board of Directors has decided to proceed with a regular webinar program beginning in 2013.. We anticipate having six webinars in 2013.. This new service is part of continuing efforts to improve and expand benefits and programming for our members.. For the webinars, there will be a charge of $25 for members and $50 for nonmembers.. Members will receive one free webinar in 2013, to use for any webinar we offer during the year.. Webinars can be purchased through the NACBA online store.. We will also be seeking sponsors for each webinar.. The low prices - including one free as a member benefit - are possible because we are not yet offering CLE administration, which is very complicated for webinars and a moving target.. We will keep evaluating and refining all aspects of the program and will reconsider in the future whether we can offer CLE administration, which we know many of you would like to see us add.. In the fall of 2012, we had extraordinary participation in our two free pilot webinars, which gave the board confidence that this is a valued service.. More than 600 members signed on for each of the pilots, which were sponsored by InCharge Debt Solutions.. As a NACBA Member, you have access at no cost to our first two pilot webinars, held in 2012.. THE NATIONAL MORTGAGE SETTLEMENT: WHAT EVERY CONSUMER BANKRUPTCY LAWYER NEEDS TO KNOW ABOUT IT.. September 27, 2012.. Presented by NACBA Director  ...   NACBA President William E.. Brewer, Jr.. , Esq.. (Raleigh, NC) addressed how federal student loan programs can provide ways to manage student loan debts that live on during and after bankruptcy.. It offered an overview of the federal repayment programs and used scenarios to explore their details and compare their pros and cons.. The Income Contingent Repayment (ICR) program and the Income Based Repayment (IBR) program were both examined, including how to get clients enrolled and available resources to help with the math.. About 1,000 members registered for each of the two pilot webinars.. NACBA Field Coordinator Zach Manifold, who played a key role in developing the webinar program, introduced each session and provided technical assistance.. In 2013, we are planning a range of presentations, from topical such as our first one on proposed changes in bankruptcy forms to classic, such as our second one on preferences, which reprises an extremely well-received presentation from our convention last year.. In addition to live webinars, with a Q A segment, we will offer recordings of our webinars for purchase later from our online store.. Each webinar consists of an oral presentation and accompanying Powerpoint.. The presentations are typically about 45 minutes long, with an additional 15-20 minutes of Q A.. The Powerpoint for each program is made available to registrants in advance so that they can download it for reference and note-taking during the session.. We may also will make available additional materials in connection with many of our webinars.. Sincerely,.. Jean Braucher.. NACBA Director and Chair, NACBA Webinar Committee..

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  • Title: Legislative
    Descriptive info: NACBA serves as the voice for debtor attorneys and their clients in the U.. Congress, the Justice Department, the Judiciary, and other federal agencies.. NACBA also works with its members to represent consumer debtor interest in state capitals.. NACBA s team of legislative advocates in Washington works with a coalition of allies who often join our efforts.. Recognizing the "gatekeeper" role the news media plays in shaping public opinion, NACBA serves as the central clearinghouse for media requests regarding bankruptcy issues and proactively carries out public awareness campaigns, conducting media events emphasizing the availability and benefits of bankruptcy, as well as the need for meaningful consumer bankruptcy.. From its earliest days, NACBA has devoted enormous energy to protecting and enhancing the rights of consumer bankruptcy debtors by getting involved in legislative efforts to change the Bankruptcy Code.. As a direct result of NACBA s involvement in the Congressional debate, the Bankruptcy Reform Act of 1994 included many provisions beneficial to consumer debtors.. Subsequently, NACBA and its members figured prominently in the deliberations of the National Bankruptcy Review Commission, from its initial meeting up through its final report.. When the consumer credit industry and  ...   civil rights groups, and organizations devoted to social justice, came together to oppose the creditors bill.. Although the bill eventually passed, NACBA s advocacy helped delay that passage for eight years and also defeated many of the most onerous proposed changes.. When the bill was signed into law in 2005, it was NACBA that educated thousands of consumer bankruptcy attorneys on how to effectively represent clients in the new environment.. NACBA has led recent efforts in Congress to enact mortgage modification legislation.. Working closely with a broad coalition of allies in this effort, NACBA has led the fight to enact bankruptcy legislation that would help save hundreds of thousands of homes from foreclosure by allow for court-supervised modification of home mortgages.. This proposal was included in several legislative bills in both houses of Congress and was widely endorsed by major newspaper across the country.. Members join together annually in Washington for our Capitol Hill Meeting, during which members attend an extensive training session, covering how to have an effective meeting with a member of Congress and articulate NACBA s legislative objectives and priorities and then attend NACBA-arranged meetings with their Congress members and senators..

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  • Title: NACBA > Legislative > NACBA in Congress
    Descriptive info: NACBA serves as the voice for debtors\' attorneys and their clients in the U.. Congress.. NACBA s team of legislative advocates in Washington works with a coalition of allies who often join in our efforts, including organizations representing working families, women and children, the civil rights community, consumer groups, and others interested in preserving fair and balanced bankruptcy laws.. "I attended the NACBA Capital Hill meeting this year in Washington DC.. The event was wonderfully enlightening and educational.. Tuesday s training was very informative on the bills and the legislative process, and we had the opportunity to meet many of the other participants.. Wednesday on "the Hill" was exhilarating.. I would recommend other NACBA members to attend to give them the opportunity to learn and participate to further NACBA s cause to help our debtors navigate through the bankruptcy process and save their homes.. Whether we like it or not, or agree with it or not, our government continues to run our country and affect our lives.. Let s get involved.. ".. Donna Joseph, N.. Miami Bch, FL.. Member since 2005.. Recognizing the importance of the news media in shaping public opinion and the opinions of lawmakers, NACBA also serves as the central clearinghouse for media requests regarding consumer bankruptcy issues and proactively carries out public  ...   of the Enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act.. In addition to considering the impact of the 2005 amendments, the hearing provided a valuable forum in which to promote the proposals made by NACBA and other consumer groups to deal with the mortgage foreclosure crisis through expanding chapter 13 debtors rights.. NACBA Members Meet With Members Of.. U.. NACBA Members join together annually in Washington for Capitol Hill Day to meet with their Congress members and senators.. This year, NACBA members who participated in the Capitol Hill Meeting on February 5-6, 2007, found the halls of Congress this year to be much more receptive to the NACBA agenda than in recent years.. 40+ NACBA members from 25 states held more than 100 meetings with Representatives and Senators and their staffs.. On Day 1, NACBA members attended an extensive training session, covering how to have an effective meeting with a member of Congress and articulate NACBA s legislative objectives and priorities for the 110th Congress and the importance of staying on-message.. NACBA s Legislative Committee worked with Legislative Director Maureen Thompson to coordinate the event, including setting up the many NACBA-member meetings with their Congress members and senators, crafting our key message, and arranging for veteran Washington insiders to speak at the training sessions..

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  • Title: NACBA > Legislative > NACBA in Congress > Capitol Hill Meeting
    Descriptive info: NACBA s Capitol Hill Meeting is a two-day event for NACBA Members only - early in a congressional session that consists of a half day of training, followed by a full day of meetings, arranged by NACBA, with members of Congress and their staff.. It is a unique opportunity to learn about how to participate in the legislative process and to maximize your own ability to directly affect future legislation.. NACBA s Capitol Hill Meeting is an opportunity for our Members to be the voice in Washington for those millions of Americans who are feeling the crush of the economic downturn.. We bear witness every day to the damage to families facing lost jobs, overwhelming medical bills, and the absence of meaningful relief from the wave of home foreclosures sweeping across the  ...   Washington to fight for debtors rights for over 30 years, I can attest to the fact that NACBA s Capitol Hill Meeting is vitally important in getting our message through to Congress.. Every NACBA member who joins us inWashington will help bring the changes to the bankruptcy laws our clients need, and enjoy a personally rewarding experiencein the process.. John Colwell, NACBA Board Member, San Diego, CA.. NACBA s Capitol Hill Meetings have been the most rewarding hands-on educational experiences of my career.. For nine years, with NACBA, I ve been privileged to be exposed to the inner workings of the Capitol.. The camaraderie with other NACBA members and staff, and the realization that we can and do make a difference make NACBA s Capitol Hill Meeting an event not to be missed..

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  • Title: NACBA > Legislative > Advocacy Program
    Descriptive info: NACBA Field Team.. Angie Thies-Huber.. NACBA Field Director.. 614-929-5375.. athieshuber@NACBA.. org.. Zach Manifold.. NACBA Field Coordinator.. 614-317-7180.. zach.. manifold@NACBA.. NACBA's Advocacy Program.. Banding together to build a strong grassroots presence is critical to NACBA s efforts.. We launched NACBA s Advocate Program to do just this, connect our members with each other and their lawmakers elevating the client perspective and giving our issues a stronger voice with state and federal lawmakers.. Billy Brewer, NACBA Director.. I m really excited to join in NACBA s advocacy efforts because it will help me organize NACBA members locally, strengthen my local bankruptcy bar group and advance our policy initiatives -.. Lorene Mies, California NACBA Advocate Leader.. At A Glance: Advocate Program.. NACBA s Advocate program fosters a deeper engagement of members in legislative activities and develops greater connectivity between members, decision makers and their local bar groups.. The Program  ...   NACBA s advocacy efforts, serving as a resource for elected officials and colleagues and participating in special events, trainings and other activities.. Additionally, the Program helps members leverage their local bar group connections to enhance our effectiveness, with the goal of giving a stronger voice to consumer debtor bar perspectives.. It is critical that lawmakers at all levels of government develop a deeper understanding of consumer bankruptcy issues our hope is that they too will see the real face of families facing financial devastation and work with us to design and implement policies that help give people a real fresh start.. Ike Shulman, NACBA Legislative Committee Chair.. Where can I learn more about the Program?.. If you d like to join our efforts or learn more about the Program, please contact Angie Thies-Huber, NACBA Field Director, via email at.. athieshuber@nacba.. or by phone at.. (614) 929-5375..

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  • Title: NACBA > Legislative > Principal Paydown Plan
    Descriptive info: NACBA's Principal Paydown Plan.. Dear NACBA Members,.. I am pleased to report that NACBA s principal paydown plan, designed to help struggling homeowners in chapter 13 save their homes from foreclosure, is now under serious consideration by the Federal Housing Finance Agency (FHFA).. This is the result of work over the past year by the NACBA Board, Legislative Committee and individual NACBA members to explain and build support for this plan among lawmakers, policymakers in the various federal agencies and the White House, and with consumer, housing and other allies.. The concept of the principal paydown plan grew out of the recognition that it would not be possible to get legislation adopted that would address the continuing foreclosure crisis and that instead we would need a solution that could be implemented outside of the legislative arena.. This page was created to give you the latest information related to the Principal Paydown Plan's implementation.. Please review these documents, including the Executive Summary listed below, and feel free to contact us about any questions concerning the program.. We will continue to keep you up  ...   years, letting the borrower s entire monthly loan payment go directly to the principal.. During the five-year period, the borrower s minimum monthly housing payment is calculated similar to a HAMP modification payment, at 31% of gross income.. At the end of the initial five-year period, the remaining principal balance is amortized over 25 years at the Freddie Mac survey rate.. The bankruptcy judge, with the assistance of the Chapter 13 Trustee, reviews the borrower s budget to confirm the eligibility of the borrower and feasibility of the payments; and they oversee the implementation of the plan.. There is no cramdown the benefit to the borrower is achieved by actually paying down the loan.. In exchange for this benefit, the borrower agrees to a general settlement of all claims against the lender and servicer and avoiding future title and loan litigation.. The federal government and US taxpayers substantial liability on Fannie Mae and Freddie Mac owned and insured loans would be reduced by this plan.. Everyone wins with this plan even the borrower s community and local government benefit from improved neighborhood stability..

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  • Title: NACBA > Legislative > Student Loan Debt
    Descriptive info: Student Loan Debt Bomb.. SURVEY: 4 OUT 5 U.. BANKRUPTCY ATTORNEYS REPORT MAJOR JUMP IN STUDENT LOAN DEBTORS.. SEEKING HELP, FEARS GROW OF NEXT MORTGAGE-STYLE DEBT THREAT TO U.. The Same Front-Line Experts Who Were Among the First to Warn of the Rising Mortgage Crisis Now Point to Emerging Student Loan Debt Bomb ;.. The New Face of Student Debt: Vietnam Vet Parent Who Co-Signed Loans And Now is Likely to Lose His Golden Years.. WASHINGTON, D.. C.. - With student loan debt now topping U.. credit card debt and  ...   loss of nest eggs, retirement homes and other assets), America faces the very real possibility of another major economic threat on a par with the devastating home mortgage crisis, according to a new survey and report published today by the National Association of Consumer Bankruptcy Attorneys (NACBA).. Read the February 7, 2012 news release here.. Read the February 7, 2012 NACBA member survey results here.. Read the February 7, 2012 NACBA Student Loan Debt Bomb report here.. Listen to the streaming audio of the February 7, 2012 NACBA news event here..

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  • Title: News
    Descriptive info: News Home.. Current Articles.. Archives.. 07.. CFPB widens its debt settlement crackdown $1.. 4 million penalty on middleman sends a warning to others By Fred Williams Consumer financial regulator.. [Read the rest of this article.. ].. Posted in:.. Actions:.. E-mail.. Permalink.. 22.. Debtors 1 - Creditors 0.. Debtors 1 Creditors 0 With persistence and determination, Ohio NACBA members were successful in persuading the republican controlled,.. 24.. Why can huge municipalities resort to Chapter 9 protection, but not 37 million Americans drowning in student loans? BY TIM DONOVAN Last Thursday.. 09.. Registration Open: Preserving the Attorney-Client and Work Product Privileges.. Registration is now open for NACBA's next webinar, Preserving the Attorney-Client and Work Product Privileges in Consumer Bankruptcy Cases.. Member News..  ...   raised with Nick Pistor s story on Freeman Bosley Sr.. seeking donations fo.. 30.. With apologies to Dr.. Seuss, I d like to add some lines to his wonderful book Oh, the Places You ll Go!, which is a popular.. 29.. Student lenders have collection powers denied most creditors.. Credit card companies can't garnish your wages without a court order.. A federal student.. NACBA Launches 2013 Webinar Program After two highly successful pilot webinars this past fall, NACBA s Board of Directors has decided to procee.. 28.. Allow Private Education Loan Debts to Be Erased in Bankruptcy Struggling borrowers should be able to discharge their private student loan debts.. Page 1 of 3.. First.. Previous.. [1].. 2.. 3.. Next.. Last..

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  • Title: NACBA > News > Bankruptcy Blogs
    Descriptive info: Bankruptcy Related Articles.. NACBA aggregates bankruptcy related articles from around the web.. Many of the articles listed below are submitted by attorneys who practice bankruptcy law.. If the list does not load, please refresh the page.. Automotive News Survey Finds Many Dealers Expect CFPB to Bar Use of Arbitration Clauses.. Thu, 21 Mar 2013 02:20:59 -0400.. Here.. An excerpt: * * * Nearly 40 percent of dealers responding to a recent unscientific Automotive News survey also expressed concern that they soon will lose the arbitration option.. "I think arbitration is on its last legs," said Tom.. Senate Banking Committee Approves Cordray Nomination 12-10.. Thu, 21 Mar 2013 02:16:23 -0400.. Now it goes to the floor, again, where Republicans are expected to prevent it from ever getting to a vote.. The Washington Post has the story here.. Debate On the CFPB's Constitutionality at Georgetown Law.. Thu, 21 Mar 2013 01:39:56 -0400.. For those of you in Washington: Tomorrow afternoon at Georgetown Law, I'll be at debating C.. Boyden Gray on the constitutionality of the CFPB and Rich Cordray's recess appointment.. Here's the announcement: The Consumer Law Society, The Federalist Society, and.. JP Morgan says it will give customers rights against payday lenders.. Wed, 20 Mar 2013 11:20:33 -0400.. We have blogged recently (here and here) about the role some of the world's largest banks play in facilitating the payday loan industry.. The latter article explained that JP Morgan was in the process of re-thinking its practices.. Yesterday, JP.. Bankruptcy can be a useful tool to pay student loan debt.. Wed, 20 Mar 2013 10:33:02 -0400.. The problem: There is not enough money to go around.. It is important to face reality when you consider your financial situation.. If you cannot pay your bills on time, all of your bills, on the day they are due, then you have a problem.. You can pretend the problem does not exist.. You can [.. Should I Sign a Reaffirmation Agreement?.. Tue, 19 Mar 2013 21:49:40 -0400.. Your mortgage lender is demanding that you reaffirm a mortgage note on your residence in your bankruptcy case.. Should you agree to do so? First the basics: There are two parts to your agreement with the mortgage lender regarding your residence.. The first part is the note, your promise to repay the amount of money [.. The post.. appeared first on.. National Bankruptcy Forum.. "The Economic Case Against Arizona's Immigration Laws".. Tue, 19 Mar 2013 20:12:31 -0400.. That's the name of this article by Alex Nowrasteh of the Cato Institute.. Here's the abstract: Arizona s immigration laws have hurt its economy.. The 2007 Legal Arizona Workers Act (LAWA) attempts to force unauthorized immigrants out of the workplace with.. Supreme Court issues its first CAFA decision.. Tue, 19 Mar 2013 15:52:11 -0400.. by Brian Wolfman The Supreme Court held this morning in Standard Fire Insurance v.. Knowles that a named plaintiff's stipulation that the plaintiff class is seeking less than the Class Action Fairness Act's minumum jurisdictional amount does not preclude a.. Victory for Consumers in Kirtsaeng v.. John Wiley Sons.. Tue, 19 Mar 2013 15:33:32 -0400.. In a 6-3 ruling today, the Supreme Court held in Kirtsaeng v.. John Wiley Sons that the first sale doctrine, which fosters the creation of a secondary market in used copies of copyrighted works by forbidding infringement claims based.. How Captured is the OCC?.. Tue, 19 Mar 2013 14:25:39 -0400.. by Jeff Sovern Here's what the Times's Joe Nocera wrote in his column today: [The OCC] is a classic captured regulator.. As American Banker pointed out recently, the Promontory Financial Group, a prominent banking consulting firm founded by Eugene Ludwig,.. Senate Banking Committee to Vote on Cordray Nomination Tuesday.. Tue, 19 Mar 2013 02:01:03 -0400.. So says The Hill.. Of course, that doesn't mean the Republicans will allow the full Senate to vote on the nomination.. As for the merits of his nomination (not that that matters to the Republicans), The Hill states: There really.. Report on County Clerks and Qui Tam Suits Against MERS.. Tue, 19 Mar 2013 00:55:09 -0400.. Dustin A.. Zacks of King, Nieves Zacks PLLC has written Revenge of the Clerks: MERS Confronts County Clerk and Qui Tam Lawsuits, 32 Banking Financial Services Policy Report No.. 1 (2013).. Here's the abstract: Mortgage Electronic Registration Systems,.. Antitrust enforcement through regulatory pressure rather than through litigation.. Mon, 18 Mar 2013 23:51:03 -0400.. Douglas Ginsburg and Joshua Wright have just written this article on the topic.. Here's the abstract: The beginning of a shift toward a more regulatory and less litigation-oriented regime of antitrust enforcement was observable by the mid-1990s, if not earlier.. Debt Collectors Serve A Purpose, Even To People Who Owe Money.. Mon, 18 Mar 2013 05:32:01 -0400.. Consumer protection lawyers like me are wrongfully trained to hate all debt collectors.. The reality is that if someone owes money, there needs to be a collection mechanism in place short of the court system.. Getting rid of debt collectors means that each time a bill is forgotten, the only reminder will come in the [.. Marc Roark Paper on Payment Systems.. Mon, 18 Mar 2013 01:07:18 -0400.. Marc Lane Roark of Missouri has written Payment Systems, Consumer Tragedy, and Ineffective Remedies, forthcoming in 86 St.. John's Law Review (2013).. Here's the abstract: Payment methods like the Starbucks Rewards Card, while imitating liquidity, are challenged by confidence-detracting barriers.. What is a Tax Return for Bankruptcy Discharge?.. Sun, 17 Mar 2013 05:56:14 -0400.. Federal bankruptcy and appeals courts have become confused about what a tax return is for bankruptcy discharge purposes.. A recent decision has taken the position that a return is not a return when it is filed late.. Thus, income tax does not qualify for discharge in bankruptcy when the tax return is filed after the [.. Common Bankruptcy Myths.. Sun, 17 Mar 2013 01:27:37 -0400.. Most people have a negative association with the word bankruptcy.. However, often what you heard is misleading and misinformed statements from people who are not well versed in bankruptcy law.. Many very successful people and businesses have filed bankruptcy and have gone on to become very prosperous.. Bankruptcy Will Ruin My Credit Generally, if you re [.. Interesting Column by The Nation's Rick Perlstein on Fine Print Contracts.. Fri, 15 Mar 2013 19:51:54 -0400.. And here's the beginning: Imagine you ve clicked on your computer screen to accept a contract to purchase a good or service a contract, you only realize later, that s straight out of Kafka.. The widget you ve bought turns out to be.. FTC Issues Staff Report on the Use of Mobile Payments.. Fri, 15 Mar 2013 19:33:37 -0400.. The report addresses issues of dispute resolution (e.. g.. , for unauthorized charges or fraud), security, and privacy, among others.. CBSNews Report: Lawmakers grill Cordray in duel over consumer watchdog.. Fri, 15 Mar 2013 19:09:31 -0400.. It's a report on the Senate Banking Committee's hearing on whether he should be confirmed to head the CFPB.. NPR on the earned income tax credit.. Fri, 15 Mar 2013 18:30:00 -0400.. One month before federal tax filing day, here's a helpful primer on an important redistributive aspect of our tax system.. Mixed signals from the  ...   [.. So you stopped that foreclosure by filing a bankruptcy case.. Now what?.. Wed, 06 Mar 2013 20:17:50 -0500.. Filing a bankruptcy case is the first step in stopping a foreclosure on your home and the imposition of the automatic stay on collection activity stops the mortgage lender dead in their tracks, but for how long? Not long enough unless you do what the Bankruptcy Code requires.. Make your post petition mortgage payments on [.. Why a Strategic Short Sale Should Never Be Characterized as Mortgage Fraud.. Wed, 06 Mar 2013 00:45:34 -0500.. Today s post isn t really about bankruptcy per se, but as a bankruptcy attorney in California, as you might imagine, I have had an up front and personal perspective on the mortgage crisis over the last several years.. I was listening to the California Report on my San Francisco Bay Area NPR affiliate, KQED, last week [.. What Type of Online Shopper Are You?.. Tue, 05 Mar 2013 21:43:19 -0500.. Last year, the United States saw ecommerce spending jump to $194.. 3 billion, up 16.. 1% from $167.. 3 billion in 2010.. The majority of these purchases were likely made on credit cards, and credit card debt is often cited as a reason why people file Chapter 7 and Chapter 13 bankruptcy.. Americans in general are definitely online shoppers, [.. Should You Delay Filing a Bankruptcy Case Until April 1?.. Tue, 26 Feb 2013 21:03:07 -0500.. Sometimes in a Bankruptcy case, timing is everything There are lots of numbers in the Bankruptcy Code: numbers that limit filing under Chapter 13 consumer reorganizations based on the amount of debt that you owe; numbers that determine the amount of your exemptions; and numbers that determine your eligibility for a Chapter 7 filing based [.. Could the Big Banks Fail Now?.. Thu, 21 Feb 2013 20:45:43 -0500.. By Mary Ann Pekara In 2008, the American people were faced with an abrupt request on the part of then-Treasury Secretary Henry Paulson to invest $700 billion toward bailing out some of the nation s largest banks.. Without this bailout, the American people were told, their entire economic system would soon be crippled or destroyed.. Naturally, [.. The Obscenely High Penalties for Downloading Music.. Wed, 20 Feb 2013 16:42:33 -0500.. The Center for Copyright Infringement (CCI) began implementing a less stringent policy regarding Internet piracy in October of 2012.. But lawmakers and media companies have not always treated pirates with kid gloves.. In this infographic, we'll look at some of the penalties for downloading music and how they've even forced one young adult into considering filing [.. Debt Settlement, the IRS and Bankruptcy: Three Rules to Know.. Fri, 15 Feb 2013 18:06:29 -0500.. If you find yourself deep in debt, and are exploring your options to get out, the odds are you ve considered both bankruptcy and debt settlement.. In order to help you make a more educated decision, there are three rules you should be aware of.. Rule #1: Settling Debts Outside of Bankruptcy Can Increase Your Tax [.. Can The Bankruptcy Trustee Take Money That I Win In a Personal Injury Lawsuit?.. Thu, 14 Feb 2013 20:10:54 -0500.. No one ever wants to be involved in an accident, but unfortunately, they happen all the time.. As the medical bills and other expenses start to pile up because of an injury and/or inability to work, many seek relief by filing for bankruptcy to manage all of the debts that they have accumulated during this [.. Chapter 7 Bankruptcy in Florida: What You Need to Know.. Tue, 12 Feb 2013 23:07:11 -0500.. An Overview of Chapter 7 Bankruptcy in Florida This article is part of a series on the various state exemption laws that can change the outcome of a bankruptcy case, especially as it pertains to keeping your property.. There are many misunderstandings about bankruptcy, one of which is the idea that because the Bankruptcy Code [.. Can Creditors Garnish My Wages in Florida?.. Mon, 11 Feb 2013 16:32:32 -0500.. A Creditor s Right to Wage Garnishment in Florida Hinges on Whether the Debtor Supports a Family and How Much They Earn Yes, Florida law does allow creditors to garnish your wages.. However, a creditors right to garnishment, and the amount they re entitled to garnish, hinges on whether you qualify as a head of family under [.. Can My Credit Card Company Sue and Take My Stuff If I Don t Pay?.. Fri, 08 Feb 2013 01:13:01 -0500.. The Goal of Credit Card Lawsuits is to Strengthen the Lender s Collection Position Credit card debt, unlike mortgage debt, is unsecured debt.. This means your credit card company can t come immediately take your stuff when you don t pay.. Having said that, if you fall behind on credit cards, your lender will quickly try to transition [.. Aurora Bankruptcy Lawyer Advises Filing Chapter 7 For Warren And Shirley Becker Of Aurora, Illinois.. Thu, 07 Feb 2013 13:38:09 -0500.. This is the case of Warren and Shirley Becker from Aurora, Illinois who are seeking advice concerning debt relief.. The Beckers do own a single family home worth approximately $80,000.. They have a first and a second mortgage on the property.. The first mortgage with CitiMortgage is approximately $125,000 to pay it off and they [.. Blogs NACBA Aggregates.. Bankruptcy Your Passage Into Out of Debt.. - "The attorneys at the Law Offices of John T.. Orcutt are here to help you understand the powerful ways that bankruptcy laws can stop the bill collectors, stop foreclosures, and help your family survive these tough economic times.. Bankruptcy Law Network.. - "We are a diverse and unaffiliated group of bankruptcy lawyers and consumer advocates.. What brings us together is our common devotion to you, the consumer.. ".. Bankruptcymastery.. com.. - "Practice tips and distilled experience for the new bankruptcy lawyer.. Consumer Law Policy.. - "The contributors to this blog are a diverse group of lawyers and law professors who practice, teach, or write about consumer law and policy.. Charleston Bankruptcy Blog:.. Information written in plain English about consumer bankruptcy issues.. Credit Slips.. - "A blog on all things about credit and bankruptcy.. We are seven academics who will use this space to do what we like to do when we get together--discussing and debating what does happen and what should happen when consumers and businesses borrow money.. Downriver Bankruptcy.. -.. "Taylor, Michigan bankruptcy lawyers serving the Downriver area specializing in Chapter 7 and Chapter 13 Bankruptcy.. Duncan Law, PLLC Bankruptcy Blog.. - A discussion of bankruptcy issues for North Carolina debtors who face foreclosures, repossessions and other overwhelming debt.. The bankruptcy blog also contains almost 300 videos addressing different bankruptcy topics.. Max Gardner's Bankruptcy Bootcamp.. - "Links to the latest bankruptcy and foreclosure news as well as analysis and opinion.. - "Informing consumers, helping people"--this is the mission of National Bankruptcy Forum.. Its members consist of knowledgeable attorneys who are willing to share their expertise to assist you in learning about the bankruptcy process.. If you have questions or concerns, this site will allow you to get the answers you need.. National Consumer Bankruptcy Rights Center.. Philadelphia Bankruptcy Attorney Blog --.. Bankruptcy Law for Pennsylvania Consumers..

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