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Greetings NCBA Members, Happy Easter and Passover to you and yours! It is hard to believe that by the time I see you in Orlando it will have been 19 months since many of us have seen each other in person. When we were last together at the 2019 Fall Conference in Washington, D.C., I was welcomed... Continue Reading
By Ronald S. CanterEsquire In Ham v. Portfolio Recovery Associates, Inc., 2020 WL 7778178, (Case No. SC18-2142, decided Dec. 31, 2020), the Supreme Court of Florida held that a unilateral attorney fee provision in a credit card agreement, benefiting only the creditor, is made reciprocal under... Continue Reading
Filing a reaffirmation agreement in a chapter 7 bankruptcy proceeding is a commonplace occurrence for many attorneys. Continue Reading
On October 30, the Consumer Financial Protection Bureau (CFPB) issued a Final Rule under the Fair Debt Collection Practices Act (FDCPA), applying the FDCPA to modern communication technologies such as email and text messaging, among other provisions. Continue Reading
Chip StacyHood & Stacy P.A. My recent election as President-Elect of the National Creditors Bar Association (NCBA) is fortunate timing for me as the hard work of the organization has given rise to a great amount of optimism for 2021. Led by Liz Terry and Mark Groves, NCBA successfully hosted a... Continue Reading
NCBA's Diversity & Inclusion Committee shares this article with you as part of its initiatives to educate NCBA's members on discrimination in the legal profession, including against people with disabilities. Continue Reading
What happens when a debtor in an active chapter 13 case incurs debt post-petition and does not pay it? The answer requires a slog through multiple code sections and even then, the answer is murky. Continue Reading
By Ronald S. Canter, Esquire The Law Offices of Ronald S. Canter, LLC Maryland is one of a number of jurisdictions that have enacted state law restrictions on consumer debt collection.[1] However, unlike the Federal Fair Debt Collection Practices Act, the Maryland Consumer Debt Collection Act... Continue Reading
For the past 20 years, law schools have seen a roughly equivalent number of men and women enrollment. It was not until 2016 that more women were enrolled than men. Continue Reading
In the opinion written by Chief Justice Roberts, the Court held that Congress overreached when it limited the President’s power to remove the single director of the Bureau. Continue Reading
It could not be more appropriate as those around our country celebrate Pride Month that the U.S. Supreme Court (SCOTUS) rendered its historic ruling on workplace discrimination. Continue Reading
In Frank v. Autovest, LLC, 2020 WL 3053199 (D.C. Cir., June 9, 2020), the United States Court of Appeals for the District of Columbia Circuit dismissed for lack of Article III standing a consumer’s FDCPA lawsuit based on the filing of false affidavits in a debt collection lawsuit. Continue Reading
