Intersection Between Bankruptcy and Consumer Protection Claims
By Popular Demand from the 2017 Spring Conference
(Free to NARCA Members, $25 if CLE Processing Desired)
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This presentation will provide a broad overview of consumer bankruptcy including a discussion of the automatic stay and discharge injunction. A collection attorney’s liability for violating the automatic stay and discharge injunction will be covered. This presentation will also cover claims against collection attorneys arising from pre-petition conduct and post-petition conduct. Strategic considerations will be discussed as to pre-petition claims, particularly where the consumer has not listed the claim as an asset in the bankruptcy estate and/or where the Trustee did not abandon the claim based on a debtor’s exemption rights. Substantial discussion will also address the Supreme Court ruling of Midland v. Johnson which held that the filing of an allegedly time barred proof of claim does not state a cause of action under the Fair Debt Collection Practices Act.
Ronald S. Canter, The Law Offices of Ronald S. Canter, LLC
Mr. Canter is the founding member of The Law Offices of Ronald S. Canter, LLC of Rockville, Maryland. He is a member of the Bars of Maryland, Pennsylvania, Florida, Virginia and the District of Columbia. He is also admitted to practice in federal courts through the United States, including the Supreme Court and several courts of appeal. Mr. Canter has been engaged in the private practice of law since 1980. He is a recognized authority on creditor’s rights and the regulation of collection practices. He has represented creditors, attorneys and collection agencies in complex litigation including class action defense in both Federal and state courts. Mr. Canter has successfully prosecuted appeals before state and federal courts on a number of significant issues involving the credit and collection industry as an advocate for creditor. He appeared, as counsel of record for the National Creditors Bar Association in Heintz v. Jenkins, the first Fair Debt Collection Practices case to reach the Supreme Court. Mr. Canter is a well known speaker on creditor’s rights issues and has presented seminars and continuing education programs for over twenty (20) years to trade groups and Bar Associations. He has also been invited on several occasions by the Maryland Judicial Conference to lecture state court judges on consumer credit and debt collection issues.
Joshua Dickinson, Spencer Fane LLP
Josh Dickinson is a partner in Spencer Fane’s Litigation and Dispute Resolution and Labor and Employment Groups. He represents businesses and professionals across a wide spectrum of disputes, including intellectual property, employment, construction, and creditor’s rights. He also has significant experience in representing clients in complex commercial litigation, including class action and multi-jurisdictional disputes. Josh has developed significant experience in defending credit agencies, creditors, and law firms from individual and class action claims brought under the FDCPA, TCPA, FCRA, various state consumer protection statutes, and common law fraud. Josh acts as regional and national counsel for numerous debt collection agencies and law firms. He has previously served as the ACA Nebraska State Compliance Chair, and is a regular speaker/contributor on FDCPA compliance and litigation issues.
Continuing Legal Education (CLE)
All reasonable efforts to seek CLE credit for this program will be made via the Florida and Georgia State Bar for maximum reciprocity opportunities. In certain instances, some programs may not be awarded CLE credits because of either content or jurisdictional restrictions. We are currently awaiting CLE approvals and it is our hope to have the accreditations completed within 30 days of the event. Each attendee is provided a CLE Credit Request form upon completion and these should be submitted to Laura Winn at email@example.com. Questions may be submitted to Laura at that address or at 202.861.0706. Due to the CLE approval process, each attendee must register and log in to the webinar individually so that NARCA can properly track and verify attendance.
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