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Bankruptcy Deskbook (Fifth Edition)

Treatise  Treatise

Published: September 2018

Bankruptcy Deskbook, Fifth Edition, provides you with practical guidance to help clients achieve fair remedies and to ensure you avoid legal problems along the way. Among the topics covered in Bankruptcy Deskbook are: Major demands on Chapter 7 debtors — including means testing, discharge restrictions, and debtor education and credit counseling rules Tough rules for Chapter 11 small business debtors — in such areas as filing, ...

Bankruptcy Basics for Low-Income Clients 2018

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From the program: Bankruptcy Basics for Low-Income Clients 2018 (Free)

Released on: Sep. 19, 2018

Although the economy is improving and foreclosures in many parts of the country are in decline due to rising home values, financially marginalized people still file bankruptcy in disproportionate numbers.  Many debtors are unrepresented and bankruptcy clinics are still in great demand.  There is a critical need for pro bono attorneys to assist low-income clients at all levels.  The practice of bankruptcy law is ever changing (all of ...

The Automatic Stay and Discharge of Debts in Bankruptcy Cases

Transcripts  Transcripts    

Recorded on: Sep. 13, 2018

SPEAKER 1: We're taking a little break here, like a minute. CARL R. GUSTAFSON: We'll just say that we're moving onto the next section. SPEAKER 1: We're moving on. CARL R. GUSTAFSON: So we're moving on to the next section. This is part six, the automatic stay and discharge of debts. SPEAKER 1: How do I get to that here? Do they do that for us? CARL R. GUSTAFSON: Yes, they're doing it. The automatic stay is why a lot of debtors file for bankruptcy. ...

Bankruptcy Estate and Exemptions

Transcripts  Transcripts    

Recorded on: Sep. 13, 2018

SALLY ELKINGTON: It's 1:45. And we're going to get back on the record here. And we're going to start with bankrupt-- Sarah's going to do bankruptcy estate and exemptions. SARAH LAMPI LITTLE: OK. So filing of a bankruptcy creates a bankruptcy estate. And all of the debtor's property, wherever situated, becomes property of the bankruptcy estate. Even exempt property is property of the bankruptcy estate until it's-- the exemption is solid. And so people ...

The 341(a) Hearing aka Meeting of Creditors and After the Filing of the Chapter 7 Bankruptcy

Transcripts  Transcripts    

Recorded on: Sep. 13, 2018

SALLY J ELKINGTON: All right. We're going to get back to our outline, the 341(a) hearing, also known as Meeting of Creditors, and then we'll cover after file in the Chapter 7 Bankruptcy. So again, we're going to do a little role-playing here. First of all, you have to prepare your client for the 341 meeting. Don't not tell them what's going to go on. So they might-- are you the client? CARL R GUSTAFSON: I'm Rich Denton. Oh, yeah. We're both the ...

Duties of the Attorney in a Bankruptcy Case

Transcripts  Transcripts    

Recorded on: Sep. 13, 2018

SALLY J ELKINGTON: All right. So your attorney duties are obtaining a complete and financial accurate-- or, complete accurate financial picture. And so that's done-- huh? CARL R GUSTAFSON: My slides. SALLY J ELKINGTON: These are yours? CARL R GUSTAFSON: Yeah. SALLY J ELKINGTON: Oh, I thought this was mine. Go for it. CARL R GUSTAFSON: All right, thanks. SALLY J ELKINGTON: Are you sure? All right, [INAUDIBLE]. CARL R GUSTAFSON: Like Sarah said, ...

Section 707(b) – Means Test Overview and Filing a Chapter 7 Bankruptcy Case

Transcripts  Transcripts    

Recorded on: Sep. 13, 2018

SALLY J. ELKINGTON: Welcome back. I just want to mention to the folks who are on the webcast, don't hesitate to put questions in. We'll stop when appropriate and answer your questions as we go along. In fact, I have one before we get too far ahead. The question is, what is a reaffirmation? We're going to cover that later in the program. If you're a general practice attorney who occasionally handles the collection for a matter for a client, are you ...

23rd Annual Consumer Financial Services Institute

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From the program: 23rd Annual Consumer Financial Services Institute

Released on: Jul. 3, 2018

In addition to the credits listed to the right, this program also offers credit for ABA professional certification. The 23rd Annual Consumer Financial Services Institute has been approved for 13.25 CRCM credits. This statement should not be viewed as an endorsement of this program or its sponsor. The Consumer Financial Protection Bureau (CFPB) recently celebrated its sixth anniversary and is undergoing a metamorphosis under Acting Director, Mick ...

Data Security and Privacy Issues

Transcripts  Transcripts    

Recorded on: Jun. 27, 2018

TOBY: OK, well welcome back, everyone. We are now going to turn to data security and privacy issues. Among other things, our panelists are going to provide some practical advice on security management and compliance issues. And at the outset, I just want to get a quick show of hands, here. And let me warn you, I'm asking this question in the negative. Has anyone in this room not had personal information exposed through a data breach? Yeah, I figured ...

Ethical Issues Unique to the Consumer Space

Transcripts  Transcripts    

Recorded on: Jun. 27, 2018

[SIDE CONVERSATION] TOBY MARSHALL: We've got one more hour to go. So thank you all for staying alert today. The next session is going to cover the Fair Credit Reporting Act and also touch briefly on some debt collection issues. We've got perspectives today from both the plaintiff and the defense side. On the plaintiff side, we have James Francis. Jim is with the law firm of Francis and Mailman. And he has been certified as class counsel in more ...

Federal Regulators Speak: Priorities & Coordination

Transcripts  Transcripts    

Recorded on: Jun. 27, 2018

SPEAKER: We'll go ahead and start our 11:15 panel, Federal Regulators Speak Priorities and Coordination. The moderator for this segment is Quyen Truong with Stroock & Stroock & Lavan LLP, OK? QUYEN TRUONG: So good morning. We're back again for another exciting panel, learning about how all the federal regulators work with our space here in the consumer finance industry. And we're very fortunate to have three representatives from key agencies working ...

Fair Credit Reporting Act/ Debt Collection Issues

Transcripts  Transcripts    

Recorded on: Jun. 27, 2018

SPEAKER: I am. [LAUGH] I'll go ahead and get started, while you guys are settling in. OK. We've got one more hour to go, so thank you all for staying alert today. The next session's going to cover the Fair Credit Reporting Act and also touch briefly on some debt-collection issues. We've got perspectives today from both the plaintiff and the defense side. On the plaintiff side, we have James Francis. Jim is with the law firm of Francis & Mailman. ...

The Rapidly Changing Landscape for Marketplace Lending and FinTech

Transcripts  Transcripts    

Recorded on: Jun. 27, 2018

TOBY MARSHALL: OK. Welcome back, everyone. We are now going to turn to data security and privacy issues. Among other things, our panelists are going to provide some practical advice on security management and compliance issues. And at the outset, I just want to get a quick show of hands here. And let me warn you, I'm asking this question in the negative. Has anyone in this room not had personal information exposed through a data breach? Yeah. I figured ...

Representing Consumers in a Trump World: Plaintiffs’ Perspective

Transcripts  Transcripts    

Recorded on: Jun. 27, 2018

SPEAKER 1: Welcome back, everyone. Nice to see you all again today. Our next panel is going to be covering the topic of Representing Consumers in a Trump World, the Plaintiff's Perspective. They're going to be going over challenging arbitration clauses after the CFPB rule, talking a little bit about English versus Trump-- hey Deepak. Payday lending, student lending, and finally, state court litigation trends in light of Spokeo and BMS. As with yesterday, ...

The CFPB Speaks

Transcripts  Transcripts    

Recorded on: Jun. 27, 2018

ALAN S. KAPLINSKY: But with that, let me introduce our panelists. And I'm going to introduce them to you beginning on my immediate right, or on your left, and I will go right down the row. And so first, I'm pleased to introduce Chris Young. This is the third time Chris has told me that he's been on our PLI program. Chris is Deputy Assistant Director for the CFPB's Office of Supervision Policy. He joined the Bureau in early 2011, prior to which he ...

State Regulatory Activism Update and Recent Developments

Transcripts  Transcripts    

Recorded on: Jun. 27, 2018

TOBY MARSHALL: Hi everyone, and welcome back. My name is Toby Marshall. I am subbing in for Beth Terrell, my partner. As was mentioned this morning, I'm a civil litigator in Seattle, Washington. Hope you all had a nice lunch. This morning's sessions gave us some really excellent insights into federal regulatory actions. And now we're going to turn our attention to state regulatory actions. We're very fortunate to have speakers from two of the more ...

Class Actions and Litigation Update

Transcripts  Transcripts    

Recorded on: Jun. 27, 2018

SPEAKER 1: Good morning. Welcome back. So we're about to restart the day, again with lots of exciting news and discussions, focused particularly in the litigation space. And we're thrilled that we have three excellent panelists for this kickoff panel, where we are going to focus on class actions and litigation. And my name is Quyen Truong, a partner at Stroock Stroock and Lavan. And I had the pleasure of moderating a panel yesterday-- this morning, ...

What’s Trending Now: Cutting Edge Consumer Financial Services Updates

Transcripts  Transcripts    

Recorded on: Jun. 27, 2018

SPEAKER 1: Hi everyone. Welcome back. I hope you had a nice lunch. Our next panel is going to be talking about what's trending now-- cutting edge consumer financial services updates. Two of the members were just on the previous panel, so I'm not going to go through their credentials again-- of course, that's Deepak and Chris-- but we have two new people here today. The first is John Barrett, who's to my immediate right. John concentrates his practice ...

Representing the Pro Bono Client: Consumer Law Basics 2018

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From the program: Representing the Pro Bono Client: Consumer Law Basics 2018 (Free)

Released on: Jun. 15, 2018

Volunteer lawyers are needed to help the many low income clients facing a wide assortment of consumer law matters who are unrepresented.  Attend this program to learn the basics of consumer law so that you can competently represent a client in need and learn new advocacy skills. Lecture Topics [Total time 06:18:10] Segments with an asterisk (*) are available only with the purchase of the entire program. Opening Remarks* [00:09:06]  ...

Representing the Student Loan Borrower

Transcripts  Transcripts    

Recorded on: Jun. 11, 2018

SPEAKER 1: Our next speaker is Josh Cohen. And Josh is a remarkable attorney for many reasons, primarily because he's one of the few attorneys, private attorneys, that focuses on providing legal assistance for persons who are having difficulty with their student loans. This past year in 2017, we reached, the United States, a benchmark that is not something to be proud of. We have more student loan debt in this country than we have mortgage-related ...

Overview of State and Federal Restraints on Debt Collection

Transcripts  Transcripts    

Recorded on: Jun. 11, 2018

ROBERT MURPHY: Our first speaker, as I just mentioned, is Stacy Bardo. She's the founder of Bardo Law, PC. She practices primarily in Chicago. But like many consumer lawyers, after a while you leave your state and start litigating in other states because sometimes the defendants, the parties you have claims against, are in those states. She's had 17 years of experience. And her repertoire of cases ranges from the Truth in Lending Act, the Telephone ...

A Primer on Automobile Fraud

Transcripts  Transcripts    

Recorded on: Jun. 11, 2018

BOB MURPHY: Good morning. I'm Bob Murphy again, and we're continuing for our program. And we now have Ron Burdge from the Burdge Law Office in Dayton, Ohio, talk to us about auto fraud. Ron is one of the few lawyers in the country that focuses only on auto fraud. And his history of getting verdicts for his clients, substantial verdicts, for people who have been ripped off by car dealerships or auto finance companies is legendary. I'm not going to ...

Introduction to Fair Credit Reporting Act

Transcripts  Transcripts    

Recorded on: Jun. 11, 2018

AUDIENCE: Hi. BOB MURPHY: Good afternoon. We are approaching the end of our program. But last but not least, our last speaker is Robert Sola. Robert practices in Portland, Oregon, but he litigates throughout the country. And his area of litigation is the Fair Credit Reporting Act. And to say that he is one of the most well-respected and foremost practitioners in the FCRA is an understatement. He has had some of the largest verdicts in the Fair Credit ...

Representing the Unsecured Debtor

Transcripts  Transcripts    

Recorded on: Jun. 11, 2018

BOB MURPHY: Good afternoon. We're going to resume our program. Our next speaker is Kathleen Hyland. She's an attorney at Hyland Law Firm, LLC in Baltimore, Maryland. And Kat's history of doing consumer litigation has basically been one that is starting to develop into being one of an attorney that can handle both individual and class actions. I first met Kat as a result of Kat getting a referral from a legal services unit in Maryland. And Kat had ...

Mortgage Servicer Litigation

Transcripts  Transcripts    

Recorded on: Jun. 11, 2018

BOB: Our next speakers are unique in the sense that we have a very experienced trial lawyer, Phil Robinson, and a very, very experienced policy person in the form of Linda Jun. Phil had a case, and it's in his bio. He sued LBNV together with Scott Borison, and they got a $38 million dollar verdict in Maryland. And in that case, they alleged that LVNV was an unlicensed debt collector. You can correct me on the facts on this one. And they alleged that ...


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