NCCBA Virtual Annual Meeting/CLE

June 4, 2021

Conference Agenda

Arbitration (Manuel H. Newburger) 

A. –Hunstein v. Preferred - Six Days a Week and Twice on Sunday (Total time – 1.0 hours) 

  •  Update on the Status of Hunstein 
  •  Copycat Cases – What Are the Theories 
  •  Defensive Arguments 

Meaningful Attorney Involvement (1.5 Hours) 

B. Where We Have Been (Manuel H. Newburger) 

  •  Clomon v. Jackson 
  •  Avila v. Rubin 
  •  Greco v. Trauner, Cohen & Thomas 
  •  Gonzales v. Kay 
  •  Lesher v. Kay 

C. Recent Wins – What Has Changed (Manuel H. Newburger) 

  • Williamson v. Mendelson 
  •  Rossi v. Kohn 
  •  Ethics, Management, and Client Pressure 

Bona Fide Error (1.0 Hours) 

  •  Reg. F – Risks and Opportunities 
  •  Change Is Painful 
  •  Oversight of Non-Attorney Assistants and Subordinates Attorneys 

NC Post-Judgment Enforcement (1hr) (Michael Stein, Christina McAlpin Taylor, and Aaron Bailey) 

  •  Post-judgment recovery tools available in NC 
  •  Successes and issues with available tools 
  •  Supplemental Proceedings 

North Carolina Creditors Bar Association 

North Carolina Creditors Bar Association holds its Winter Conference to provide our members with solid foundation in creditor and debtor law as well any updates to the current law so that our members can advise their clients of the best course of action. The program’s objective is to unpack the sweeping changes that the Final Debt Collection Rules implements. In addition, the goal is to gain a deeper understanding of the post-judgment recovery tools available in our state, find out ways of improving one’s chances to recover on the judgment, and recognize cases ripe for supplemental proceedings. In addition to updating our members on topics of relevance to creditors, the program will provide opportunities for networking and open exchange of ideas. 

List of Speakers 

Manuel H. Newburger, Founding Shareholder and Vice President at Barron & Newburger, P.C. 

Education 

  •  B.A., Trinity University 
  •  J.D., University of Texas School of Law 

Mr. Newburger is known nationally for his expertise in consumer and commercial law, consulting on FDCPA, FCRA, and TCPA compliance across the globe and both defending and consulting on the defense of individual and class consumer litigation across the United States. In addition to his practice with the firm Mr. Newburger has taught consumer protection law as an adjunct professor at the University of Texas school of law since 1999.Mr. Newburger has defended individual and class actions across the country. His regulatory experience includes the defense of enforcement investigations and actions by federal and state regulators including the CFPB, the FTC, and numerous state attorneys general, debt collection regulators, and consumer regulators. He has also served as national counsel for multiple entities, managing the defense of litigation throughout the United States. Mr. Newburger has done operational and compliance consulting and compliance training for creditors, debt buyers, law firms, and collection agencies throughout the U.S. and in India, the Philippines, and Canada. He has also served as amicus curiae counsel at the Supreme Court and multiple U.S. Circuit Courts of Appeals in a number of high-profile cases affecting the credit and collection industry. 

Michael B. Stein, Partner at Hutchens Law Firm 

EDUCATION: 

Juris Doctor from Wake Forest University School of Law (1995) 

Undergraduate degree from the University of North Carolina at Chapel Hill (1992) 

Michael B. Stein is a partner at the Charlotte office of Hutchens Law Firm focusing on creditors’ rights, litigation, and debt collection. His 20+ years' of legal experience had given him a nuanced approach that balances patience, diplomacy, and resolve. He assists clients in pursuing and 

collecting outstanding debt through means of structured payment agreements, pre-litigation negotiations, filing, and prosecution of lawsuits, defending against counterclaims, and assisting clients with post-judgment collections and remedies such as property repossession, foreclosure, and eviction. Michael also counsels clients on best practices in debt collection, including FDCPA compliance and other borrower protection acts. 

Christina McAlpin Taylor, Partner at Smith Debnam 

Education 

  •  J.D., North Carolina Central University, 2006 
  • B.S., Family and Community Studies, East Carolina University, 2003 Minor, Business Management

Christina is a partner at the Raleigh-based law firm of Smith Debnam and a member of the firm’s creditors’ rights practice group. An accomplished attorney known for handling a large volume of cases with precision and grace, she represents a wide range of businesses through all stages of creditor representation, including pre-suit collection efforts, lawsuits, judgments, and executions. In her practice group, she actively leads approximately 75 employees, including two attorney associates, in addition to managing the leadership development of five direct reports. 

Aaron N. Bailey, Attorney at Lanier, Fountain, Ceruzzi & Sabbah 

Education 

  • J.D., Campbell University School of Law 
  • B.A., Sociology - Criminal Justice, North Carolina State University 

Aaron Bailey offers clients over 22 years of extensive experience in business law, torts, contract disputes, creditors' rights advocacy, and commercial litigation throughout North Carolina. Aaron served as the elected president of the North Carolina Creditors Rights Bar Association. He is one of only five attorneys licensed in North Carolina who is board certified as a Creditors' Rights Law specialist by the American Board of Certification. His familiarity with enforcement of contracts, litigation, collections, construction disputes, liens, insurance, commercial landlord representation and asset recovery strategies can yield creative, effective, and efficient solutions to complex recovery and dispute scenarios. 

8:55 am – 9:00 am Opening Remarks – Kristen Redman

9:00 am – 11:00 am CFPB 2.0 – Back To The Future
Joann Needleman, Clark Hill, PLLC, Philadelphia, PA

11:00 am – 11:15 am Morning Break

11:15 am – Noon Ted Talks

    • Pam Keenan – Navigating The New Virtual Court System
    • Jeff Bunda – Challenges To Completed Foreclosure Sales May Increase In Light Of NC Supreme Court Decision In In re George

12:00 pm – 1:00 pm Lunch Break and Trivia

1:00 – 1:15 pm Annual Meeting and Election of Officers/Directors

1:15 pm – 1:30 pm Jerry Myers – Legislative Update

 

Annual Meeting  Agenda

I. Officer Reports

II. Election of Officers and Directors

a. Nominations for Officers for 2021 – 2022

i. President: Hannah Kays

ii. VP/President Elect: Danny Brader

iii. Secretary: Richard Prosser

iv. Treasurer: Jerry Myers

b. Nominations for Directors for 2021 – 2022

i. Bankruptcy: Bill Hill

ii. Consumer: Andrew Hoke

iii. Foreclosure: Jeff Bunda

iv. Commercial Litigation: Aaron Bailey

III. Old Business

IV. New Business

Committee Chairs for 2021-2022

Community Service:

Education:      Olga Ivanushko

Governance (Legal):      Kristen Redman

Governmental Affairs:      Gus Euripedes

Membership:      Melissa Tulis

Nominating Committee:      Greg Cowan

Public Relations:

Technology:      Pam Keenan

V. Adjournment

 

Registration

Access information is provided upon successful registration. You must login to your NCCBA account to register as a member.

Access information is provided upon successful registration.