In the Red

APRIL 1, 2019

As discussed in an earlier post called “ Moving Up: Bankruptcy Code Dollar Amounts Will Increase On April 1, 2019 ,” various dollar amounts in the Bankruptcy Code and related statutory provisions were increased for cases filed on or after today, April 1, 2019. This information sheet has a list of all of the dollar amount changes now in effect. The official bankruptcy forms have also been revised to reflect these new dollar amounts.

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Dear Debt

APRIL 25, 2019

In personal finance, we’re always looking ahead. So often we think “I’ll be happy when I’m debt-free.” or “I’ll be happy when I have X net worth.” We can become… Related Posts: Dear Debt, You Make Me a Bitter Betty. Dear Debt, We're Getting Divorced. Financial Literacy Matters, Especially for Women. What the Worst Year of My Life Taught Me About Money.

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BN Lawyers

APRIL 30, 2019

Debtors who have filed for bankruptcy and received their Discharge often continue to receive collection letters and phone calls from their creditors. Some creditors even go so far as to sue on these discharged debts or garnish wages and bank accounts. Such actions may result in severe penalties, sanctions and damages. This article goes over the basics of the Bankruptcy Discharge and the importance of having measures in place to avoid violations.

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Foster Swift

APRIL 28, 2019

For many, the term “debt collection” calls to mind threatening letters and harassing, late-night phone calls. There’s no doubt that many debt collection practices involve aggressive and unseemly tactics used to collect credit card and other unpaid debts, and, as a result, Congress stepped in to curb these practices by passing the Fair Debt Collection Practices Act (“FDCPA”).

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Speaker: Erika R. Bales, Esq.

When we talk about “compliance and security," most companies want to ensure that steps are being taken to protect what they value most – people, data, real or personal property, intellectual property, digital assets, or any other number of other things - and it’s more important than ever that safeguards are in place. Let’s step back and focus on the idea that no matter how complicated the compliance and security regime, it should be able to be distilled down to a checklist.

Consumer Financial Services Law

APRIL 24, 2019

More than five years after it issued its Advanced Notice of Proposed Rulemaking, the CFPB appears poised to issue its proposed debt collection rules. The first hint that this was imminent came in the fall of 2018 when the CFPB announced it anticipated issuing a Notice of Public Rule Making in the spring of 2019. Since then, there have been several other public statements concerning the highly anticipated rule making.

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NCBA Law Practice Management Blog

APRIL 16, 2019

If you’re a solo lawyer , it doesn’t make sense to invest in a phone system. But, you don’t want your clients to have your personal phone number, either. What if they start texting you? So, what’s a thrifty solo lawyer to do? Enter Google Voice , which is the answer to your prayers. i f the answer to your prayers is finding a better way to answer your phone when your clients call.

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FDCPA Defense

APRIL 17, 2019

Few things are more fundamental in the law than the principle that a lawyer owes a duty of loyalty to the client, a duty to be vigorous advocate within the bounds of the law, and a duty to maintain the client’s confidences and preserve the attorney-client privilege. Clients expect this of their attorneys, as they should. These core legal principles have slowly been under attack, however, by an amorphous creation called the “meaningful attorney involvement” doctrine.

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BN Lawyers

APRIL 25, 2019

In Stolt-Nielsen S. A. v. Animal Feeds Int’l Corp. , the Supreme Court held in 2010 that a court may not compel arbitration on a class-wide basis when an agreement is “silent” on the availability of class arbitration. The court recognized in Stolt and later cases that class arbitration fundamentally changes the nature of the “traditional individualized arbitration” envisioned by the Federal Arbitration Act, and that “a party may not be compelled under the FAA to submit to class arbitration un

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Consumer Finance Watch

APRIL 4, 2019

Jonathan M. Robbin, Diana M. Eng , and Namrata Loomba. In Kolbasyuk v. Capital Management Services , LP , No. 18-1260 (2d Cir. 2019), the Second Circuit recently held that a debt collector’s letters informing a consumer of the total present amount of debt owed satisfies Fair Debt Collection Practices Act (“FDCPA”) requirements. The Second Circuit’s decision clarified that, under the FDCPA, collection letters are not required to inform consumers of the debt’s constituent components, or the rates

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Collections

Consumer Financial Services Law

APRIL 15, 2019

By: Zachary K. Dunn Attempting to collect on time-barred debt without informing the consumer that a payment may renew the applicable statute of limitations creates an “informational injury” sufficient to confer Article III standing, a district court in Illinois has ruled. In Navarroli v. Midland Funding LLC , 2019 U.S. Dist. LEXIS 34704 (N.D. Ill. Mar. 5, 2019), the defendants Midland Funding, LLC, Midland Credit Management, Inc. and Encore Capital Group, Inc.

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Credits Inc

APRIL 10, 2019

With the fluctuating economy, consumers are having more and more trouble paying their bills. It has been estimated that at least 70 million people across the United States were contacted by a debt collection services company in 2016. If your business needs to reach out to people to get the money they owe you, there are ways to make that process go better.

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NCBA Law Practice Management Blog

APRIL 9, 2019

Attorneys seeking inspiration or advice on reconfiguring or revising their business practices often seek out colleagues or friends for advice. Most attorneys maintain other attorneys as colleagues and friends. So, when they’re seeking business advice, they’re getting it from other attorneys. There are a couple of problems with relying on that strategy, however.

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Arbeit Software

APRIL 7, 2019

Thanks for the terrific guide.

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For finance teams using Salesforce’s powerful CRM technology, automation can transform accounts receivable processes, driving efficiency and delivering measurable results like cost savings, reduced customer churn, and lower DSO.

Collections

BN Lawyers

APRIL 23, 2019

When a creditor is notified that a debtor has filed for bankruptcy, the creditor should be careful to determine whether it needs to file a Proof of Claim in the case to preserve its rights to receive payments from the bankrupt estate. This article goes over the importance of a creditor acting in a timely and proper fashion and preserving its rights in the bankruptcy process.

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BN Lawyers

APRIL 12, 2019

The phrase ipso facto is Latin for “by the fact itself.” Ipso facto clauses are sometimes included in lease and purchase contracts, and they assert that if the lessee or purchaser becomes insolvent, or files for bankruptcy protection, then the contract has been breached. In other words, under such a clause the very act of filing for bankruptcy protection constitutes a breach of contract that absolves the other party of any further contract obligations.

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Consumer Financial Services Law

APRIL 8, 2019

By Caren Enloe and Anna Claire Turpin A recent District Court decision serves as a reminder to both Plaintiffs and Defendants to properly scrutinize a complaint for well-pleaded factual allegations. In Walker v. Lyons, Doughty & Veldhuis, P.C., et. al, No. 1:18-cv-513, 2019 U.S. Dist. LEXIS 42180 (S.D. Ohio Mar. 15, 2019), the Southern District Court in Ohio held that the Plaintiff did not include well-pleaded factual allegations in her Complaint and therefore granted the Defendants’ 12(b)(6

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BN Lawyers

APRIL 5, 2019

The initial stage of a Chapter 11 filing is the most crucial and debtors must be ready for the tactics of aggressive creditors and stakeholders jockeying for priority in the restructuring proceedings. As part of this phase, “first day motions” are typically filed on the first day of a case. These motions are to obtain permission to take certain actions necessary to maintain the debtor’s business operations that cannot be taken unless the court first issues an order authorizing the debtor to take

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Speaker: Lynnette Khalfani-Cox, The Money Coach®

Niche markets represent a huge opportunity for the financial services industry in America. From college students and women to communities of color and low-to-moderate-income households, niche populations have specialized financial needs – but they often underutilize many valuable financial products and services. How can you better connect with these consumers?

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BN Lawyers

APRIL 1, 2019

A gasoline retailer defaults on its obligations under an ongoing Franchise Agreement that it has with a brand name in the oil & gas industry. What steps are available to the franchisor to protect its economic interests in that particular station or station(s)? How about if the franchisee/retailer files for bankruptcy protection? As the Energy Capital of the World, this is issue is particular relevant in Texas, home to thousands of retailers and dozens of the world’s top brands.

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NCBA Law Practice Management Blog

APRIL 1, 2019

Business growth is what everybody wants; but, it’s not easy to manage. Managing people brings with it new duties, and added headaches. Of course, it’s the only way to scale your business beyond yourself. Fortunately, for law firms owners, there are more staffing options now, than you can shake a stick, even if you’re not ready to make the move to hiring an employee.

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Arbeit Software

APRIL 7, 2019

Thanks for the terrific guide.

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NCBA Law Practice Management Blog

APRIL 20, 2019

A decade ago, lawyers had just one option for office space: a traditional lease. That’s a costly option, of course, and can be a barrier to entry, especially for young lawyers, looking to start new law firms. It’s also a scary, long-term commitment, potentially for up to f ive years, for any law firm. Fortunately, there are now more office space options than you can shake a stick at.

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Speaker: William Hord, Vice President of ERM Services

A well-defined change management process is critical to minimizing the impact that change has on your organization. Leveraging the data that your ERM program already contains is an effective way to help create and manage the overall change management process within your organization. Your ERM program generally assesses and maintains detailed information related to strategy, operations, and the remediation plans needed to mitigate the impact on the organization.