Time-Barred Debt Cases under the FDCPA after Midland Funding v. Johnson (U.S. 2017)

June 29, 2017 2:00 p.m. ET–3:00 p.m. ET
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| Skill areas: 
Spotting and Investigating the Legal Issue
,
Strategy: Structuring and Plotting the Case

Registration Information

Members: $40
Nonmembers: $75 (If you have not already been vetted to attend webinars, please email Rebecca at rebecca@consumeradvocates.org to register.)

This webinar will focus on time-barred debts and the impact of the Midland Funding v. Johnson ruling. The Supreme Court’s May 2017 decision in Midland Funding v. Johnson, 2017 WL 2039159 (U.S. May 15, 2017) put to rest questions about claims under the FDCPA for creditors’ pursuit of time-barred debt in both the bankruptcy and civil arenas.

This webinar will give bankruptcy and consumer lawyers an overview of this important decision and of what types of time-barred debt claims will have the best chance of success moving forward.

What You Will Learn

  • Which types of time-barred debt claims are no longer viable under the FDCPA and which types the Supreme Court now assumes are viable
  • What the implications of the decision are for proofs of claim in bankruptcy
  • Which policy arguments from the Midland decision support time-barred debt claims under state consumer laws

Speakers

Jonathan R. Marshall is a partner at Bailey & Glasser, LLP in Charleston, West Virginia. Jonathan focuses his practice on consumer rights litigation, class actions, mass torts, and complex litigation. His consumer rights litigation work includes claims involving predatory lending, telemarketing, loan servicing, and illegal debt collection activities. Jonathan serves in a leadership capacity in the nationwide MDL case, In re: Monitronics Int’l, Inc. Telephone Consumer Protection Act Litigation, alleging illegal telemarketing by home security companies. He also has tried and held leadership roles in mass action cases. Jonathan earned his law degree from West Virginia University College of Law, graduating Order of the Coif. He is a founder and co-chairman of the Consumer Law Division of the West Virginia Association for Justice and a frequent speaker at seminars on consumer law issues.

David J. Philipps, of Philipps & Philipps, Ltd., in southwest suburban Chicago, is a graduate of the University of Illinois College of Law and Loyola University of Chicago. He served as law clerk to Justice Benjamin K. Miller of the Illinois Supreme Court from 1987–88. David is a founding member of NACA (1995) and is a member of its board of directors. David’s practice consists mainly of litigation, on both a class and/or an individual basis, on behalf of consumers who have been defrauded or subject to illegal collection activity or improper credit reporting. David has worked on and/or been appointed class counsel in about 195 cases, which have recovered more than $100,000,000 for defrauded or abused consumers. David has taught seminars throughout the country on the FDCPA to numerous consumer, regulatory, and debt collector groups.

Tara Twomey is currently Of Counsel to the National Consumer Law Center and the Executive Director for the National Consumer Bankruptcy Rights Center.  Ms. Twomey focuses on bankruptcy and consumer credit issues, with an emphasis on home mortgage origination and servicing.  She has taught numerous programs in these areas, she has served as an expert witness in mortgage-related cases, and she has testified before Congress on mortgage servicing probelms.  Ms. Twomey is a contributing author of several books published by the National Consumer Law Center, including Foreclosures: Defenses, Workouts and Mortgage Servicing.  She is a conferee of the National Bankruptcy Conference and also a contributing author to the Collier Bankruptcy Practice Guide.

CLE Credit

Interested in receiving CLE credit for this webinar? NACA webinars have been CLE approved in a number of states. While NACA does not seek CLE approval for each webinar in each individual state, individual attorneys can generally apply for and receive CLE credit in their own respective states. For more information and a comprehensive guide to the process of applying for CLE approval as an individual attorney, email Rebecca Smolar at rebecca@consumeradvocates.org.

Refund Policy

Please note that there are no refunds for webinars since participants can view the presentation after it has taken place. If your registration was submitted less than two hours prior to the event, it is not guaranteed that you will receive access to participate in the live presentation. However, you will receive access to the recorded webinar in the coming days.

Why You Should Register Even If You Can’t Attend the Live Webinar

For each webinar you register for, regardless of whether you attend live, you will automatically receive an email inviting you to view a recording of the webinar and also containing attachments of the Power Point presentation and any other supplemental materials within two business days of the live webinar. This way, if you have a time conflict, you will be able to listen to the webinar and study the course materials at your convenience. If you have any questions, please contact Rebecca Smolar, Manager of Education, at rebecca@consumeradvocates.org.