News

NCBA Issues Statement in Response to the CFPB's Debt Collection Rule Release

National Creditors Bar Association (NCBA) issues the following statement after the Consumer Financial Protection Bureau’s (Bureau) final rulemaking on the implementation of the Fair Debt Collection Procedures Act (FDCPA): NCBA acknowledges and thanks the Bureau for its ongoing efforts to... Continue Reading

Congressman Mooney Continues Support for NCBA's Position in Letter to CFPB Director Kraninger

Yesterday, Congressman Alex Mooney (R-WV) sent a letter to CFPB Director Kathy Kraninger supporting NCBA’s position for the removal of the “Meaningful Attorney Involvement safe harbor” provision in the proposed debt collection rules. In addition to the attention already garnered... Continue Reading

ADA Protects Lawyers With Disabilities, But We Must Do More

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

Announcing Two Exciting Fall Events: 2020 Executive Experience, Virtual Experience

NCBA is optimistically proceeding with its plans for a new event, the 2020 Executive Experience, to be held at the JW Marriott Phoenix Desert Ridge on October 21 -23. The JW Marriott has implemented health measures due to COVID-19 including enhanced cleaning, social distancing, touchless... Continue Reading

The Murky Problem of Enforcing Post-Petition Consumer Debt in Chapter 13

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

On The Record!

Congressman Alex Mooney asks of CFPB Director Kathy Kraninger: “…the American Bar Association and the National Creditors Bar Association have both stated their opposition to the safe harbor provision in (the CFPB proposed Debt Collection Rules).  Continue Reading

Maryland Court Limits Reach of State Debt Collection Law

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

The Importance of Female Mentorship: Tips for Lawyers on the Rise

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

SCOTUS Leaves CFPB Intact, But Allows for Removal of Director for Any Reason

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

Historic Decision to Celebrate Pride

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

Collectors Poised to Benefit from Appeal Court Ruling Dismissing FDCPA Lawsuit for Lack of Standing

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

NCBA Members Demonstrate Good Judgment; Maryland Court to Vacate Hundreds of Affidavit Judgments

by Nathan Willner Government Affairs Officer The COVID-19 pandemic resulted in many court systems throughout the United States shutting their doors. Pursuant to the Administrative Order issued by the Maryland Judiciary, court offices, administrative offices, units of the Judiciary, and the... Continue Reading