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From: Sheila O"Sullivan To: ATG MI CP Grants Subject: RE: Grant Application attached. Date: Thursday, June 28, 2012 10:36:10 AM Yes $50,000. Sorry for the confusion. Sheila M. O’Sullivan Attorney at Law Leen & O’Sullivan, PLLC 520 East Denny Way Seattle Washington 98122 (206) 325-6022 Direct: (206) 805-1713 FAX (206) 325-1424 Member: NACBA (National Association of Consumer Bankruptcy Attorneys) NACA (National Association of Consumer Advocates From: ATG MI CP Grants [mailto:[email protected]] Sent: Thursday, June 28, 2012 10:36 AM To: Sheila O'Sullivan Subject: RE: Grant Application attached. Sheila: A quick review shows that in Section IV(B) says you are seeking $50,000.00. In Section V(A) says you’re seeking $70,000.00 total. Just wanted to confirm that you’re seeking $50,000.00. - Rich. From: Sheila O'Sullivan [mailto:[email protected]] Sent: Thursday, June 28, 2012 10:24 AM To: ATG MI CP Grants Subject: Grant Application attached. Attached please find an application for funds as well as attachments: 1. Organizational Chart 2. Resume of David Leen 3. Resume of Sheila O’Sullivan Thank you. 26-003

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From: Sheila O"SullivanTo: ATG MI CP GrantsSubject: RE: Grant Application attached.Date: Thursday, June 28, 2012 10:36:10 AM

Yes $50,000. Sorry for the confusion.   

 

Sheila M. O’SullivanAttorney at Law

Leen & O’Sullivan, PLLC520 East Denny Way Seattle Washington 98122

(206) 325-6022Direct: (206) 805-1713FAX (206) 325-1424

Member: NACBA (National Association of Consumer Bankruptcy Attorneys)NACA (National Association of Consumer Advocates

From: ATG MI CP Grants [mailto:[email protected]] Sent: Thursday, June 28, 2012 10:36 AMTo: Sheila O'SullivanSubject: RE: Grant Application attached. Sheila: A quick review shows that in Section IV(B) says you are seeking $50,000.00. In Section V(A) saysyou’re seeking $70,000.00 total. Just wanted to confirm that you’re seeking $50,000.00. - Rich.

From: Sheila O'Sullivan [mailto:[email protected]] Sent: Thursday, June 28, 2012 10:24 AMTo: ATG MI CP GrantsSubject: Grant Application attached. Attached please find an application for funds as well as attachments:

1. Organizational Chart2. Resume of David Leen3. Resume of Sheila O’Sullivan

Thank you.

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Sheila M. O’SullivanExecutive Director/Attorney at LawNorthwest Consumer Law Center

520 East Denny Way Seattle Washington 98122(206) 325-6022

Direct: (206) 805-1713FAX (206) 325-1424

Member: NACBA (National Association of Consumer Bankruptcy Attorneys)NACA (National Association of Consumer Advocates

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26-005

APPLICATION FOR FUNDS – 2 –

(Version Date: 5/18/2012)

III. IDENTIFYING INFORMATION Tax Identification Number (TIN): 45-2407686 Uniform Business Identifier (UBI): 603-115-096 A. Does your organization currently receive any funding from the AGO? If yes,

please identify the date of your last report. ☒No; ☐Yes.

N.A. B. Does your organization receive any funding from any other governmental

agency for housing related projects or foreclosure related assistance? If yes, list the contracts by title, contract number and funding amount for the past 3 years.

☒No; ☐Yes. N.A.

C. Is your organization solely owned/operated by a current state employee? If so,

please complete the Ethics Certification process at www.ethics.wa.gov. ☒No; ☐Yes.

N.A. IV. PROJECT PROPOSAL A. Project Title: Assistance for scholarships, travel expenses, and intensive training by the National Association of Consumer Advocates and National Consumer law Center at its planned Seattle Conference in October, 2012. B. Requested Amount: $50,000.00 C. Project summary: In 150 words or less, concisely describe your project and

how it meets the criteria set forth in the settlement. This summary will help the Committee review proposals. Attachments and exhibits are not allowed in this section. Over-length summaries will disqualify application.

The National Consumer Law Center and the National Association of Consumer Advocates hold a 3-day consumer law conference each year in a different city. This October, the conference is in Seattle. The Northwest Consumer Law Center (NWCLC) generally provides limited scholarships for legal aid, solo and small firm and other eligible attorneys to attend the conference to learn consumer law and specifically foreclosure remedies including foreclosure modification, mediation and bankruptcy options. Scholarship recipients will be strongly encouraged to accept at least two pro bono foreclosure cases or volunteer at least two days for NWCLC during the next twelve months in exchange for their scholarship. It will be important to include every Washington consumer attorney (including legal services

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APPLICATION FOR FUNDS – 3 –

(Version Date: 5/18/2012)

programs) in this conference as its major focus will be on foreclosure issues.

D. Describe how your project meets the criteria set forth in sections I and III

above, including estimated start and completion dates. Supporting information and exhibits may be included here. Please try to make your submission as concise as possible.

Section I Criteria. NWCLC’s scholarships will educate Washington lawyers and paralegals regarding foreclosure remedies and provide free assistance how to effectively participate in the Washington Foreclosure Mediation Program to maximize the probability of obtaining a loan modification; how to properly initiate pre-foreclosure litigation to preserve claims and stop the foreclosure sale; and to assist lawyers in bringing proper foreclosure defense claims on behalf of consumers. Section III Criteria. Because of the long-term nature of the foreclosure crisis, many inexperienced attorneys and paralegals have begun working with consumers in loan modifications, foreclosure defense and foreclosure mediations under the Washington state FFA. However, these advocates do not have any source for particularized training and this affords them the opportunity to receive that training this October. Homeowners who are facing foreclosure in Washington will derive a significant benefit from these advocates receiving this timely training in that there will be more volunteer advocates available for those who qualify for pro bono assistance. And for those consumers who will pay for attorney representation, they will have advocates who are well-trained and have obtained some experience in dealing with these issues. Many Washington homeowners are turning to the internet for assistance and have been fleeced by out of state and even some Washington attorneys and scammers who know nothing about Washington foreclosure laws. The more Washington advocates who are properly trained, the greater likelihood that homeowners will have the ability to obtain competent legal assistance either pro bono, low cost or from the programs such as the Northwest Consumer Advocates. These advocates will also be able to assist homeowners in identifying legitimate predatory lending and other possible legal defenses.

E. Describe the demographics of the consumers you serve. Please provide

supporting data or statistics.

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APPLICATION FOR FUNDS – 4 –

(Version Date: 5/18/2012)

Consumers from all demographics will be served by providing these lawyers with this training in that they are going to be required to provide some volunteer assistance in Washington state in return for obtaining the training and/or scholarship. The training will also assist those Washington consumers who do not qualify for pro bono representation because there will be more lawyers who have been properly trained available to assist them.

F. Describe the geographic scope of your project.

All of Washington State. G. Identify the total number of consumers you expect to serve during the life of

this grant.

This is a one-time conference subsidy for about 300 advocates who would attend this 3 day conference.

H. If this is not a new project, describe what changes are being made to an

existing project.

N.A. I. Describe how net benefit or positive outcomes can be measured at the end of

the project.

Positive outcome will be measured by the number of attorneys and advocates who attend this conference and receive conference materials who might otherwise not be able to attend because of financial constraints, or program budget limitations. Usually, about 10 advocates attend this conference from Washington (this is the 21st year of the conference). There are roughly 300 advocates who would receive a tremendous shot in the arm on how to represent homeowners during this economic crisis by attending this conference. A copy of the last year’s agenda is attached to give the scope of training. This year there will be a greater focus on the mortgage crisis than ever before.

J. Have you applied for an equivalent grant in the past, and if so, to which entity

and when?

No. K. If you intend to collaborate with other organizations, please provide a letter of

support from that organization.

N.A.

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APPLICATION FOR FUNDS – 5 –

(Version Date: 5/18/2012)

L. Please provide an organization chart for your organization.

An organization chart is attached. M. Please provide three references familiar with organization's activities and their

contact information.

Melissa A. Huelsman 206-447-0103 mhuelsman@ predatorylendinglaw.com

Al McNeil Gonzaga University School of Law Spokane, WA 509-313-5791

Bryan Adamson Seattle University School of Law 206-398-4130 [email protected]

V. PROJECT BUDGET As noted previously, this grant must be used to provide additional services and not merely replace existing services or supplant existing funding. No current salaries or benefits may be funded using grants provided by the AGO unless expressly and explicitly granted, in advance and in writing, by the Committee. The Committee reserves the right to request a more detailed budget prior to selection.

A. Total Project amount:

Salaries: N.A.Seminar Registration

Scholarships: 100 x $300 = 30,000 Travel/Accommodation

Reimbursement: 50 x $600 = 30,000Misc. expenses of plenary

sessions: 10,000Total: 70,000

Note that funding for salaries is specifically requested as all paid staff will be working actively with clients and in preparation of client cases. B. What percent of your total project budget does this funding, request represent?

100% of this one time conference scholarship subsidy. C. If the project will be funded in part from other sources, identify those sources

and the funding amounts.

Both the National Association of Consumer Advocates and the National Consumer Law Center will be providing substantial scholarships and subsidies for attendees from other states.

VI. PROJECT ADMINISTRATION

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APPLICATION FOR FUNDS – 6 –

(Version Date: 5/18/2012)

A. Identify within your organization who will be directly responsible for the

following project components: (a) administration, (b) fiscal, (c) service delivery. Attach a current resume for the agency director, and the lead project staff person, and a current agency organizational chart.

David Leen and Sheila O’Sullivan, Directors, Northwest Consumer Law Center.

B. Describe what steps your organization will take to ensure that the project will

serve its intended purposes and he completed on time.

NWCLC will review applications for scholarship assistance. Applicants will certify a need for scholarship assistance and a commitment to future pro bono mortgage-related advocacy.

C. Describe how you plan to measure and evaluate the success of your project

and include samples of evaluation tools if available.

Scholarship recipients will be required to accept at least two pro bono foreclosure cases or volunteer at least two days for NWCLC during the next twelve months in exchange for their scholarship. Thus, the number of cases accepted and hours volunteered at NWCLC will be readily calculable.

VII. CERTIFICATION I certify that I have the authority to submit this proposal, and that the information in this proposal is true and accurate. If my organization is faith-based, I understand that federal and state law prohibit the use of public funds for religious worship, exercise, instruction or support of any religious establishment. http://www.acf.hhs.gov/programs/ccb/law/state_faith_based.htm http://www.leg.wag.gov/LawsAndAgencyRules/constitution.htm I understand that my organization will not receive reimbursement for any costs incurred in preparing this proposal. If awarded funding, I understand that our proposal will be incorporated into the final contract. Printed Name and Title: Sheila M. O’Sullivan, Executive Director. Signature (by entering name here, form is electronically signed): /s/Sheila M. O’Sullivan Date:

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APPLICATION FOR FUNDS – 7 –

(Version Date: 5/18/2012)

Applications should be addressed to: Rich Zwicker [email protected] 206-389-3831 Consumer Protection Division Washington State Attorney General's Office 800 Fifth Avenue, Suite 2000 Seattle, Washington 98104-3188

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NORTHWEST CONSUMER LAW CENTER 

 

 

MANAGEMENT ORGANIZATIONAL CHART 

  

Executive Director Sheila O’Sullivan 

  

Finance Director Sheila O’Sullivan 

 Fundraising Director Sheila O’Sullivan 

 Operations Director  Sheila O’Sullivan 

 Program Director 

David Leen  

 Communications Director 

David Leen 

   

LEGAL SERVICES ORGANIZATIONAL CHART   

 Foreclosure Education 

Outreach  David Leen 

 Bankruptcy Department Director 

Sheila O’Sullivan 

 Foreclosure Fairness Act Department 

Sheila O’Sullivan 

 Mortgage Fraud and Civil Litigation 

Department  Melissa Huelsman 

  

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RESUMÉ OF DAVID A. LEEN

PERSONAL DATA:

Office Address: 520 East Denny Way

Seattle, Washington 98122-2138 Phone: (206) 325-6022 Fax: (206) 325-1424

[email protected]

ACADEMIC BACKGROUND

École Supérieure de Cuisine Française Ferrandi - Deplôme 1985

Reginald Heber Smith Fellow (1971-1973)

J.D. University of Oregon, 1971.

B.A. Beloit College (Wisconsin), 1968 (Social Science Honors)

Lake Washington Public Schools, 1950 - 1963.

PROFESSIONAL MEMBERSHIPS

Admitted to the Washington State Bar Association (11/26/71) Federal Bar Association (WA) United States Supreme Court (9/10/84) United States Claims Court (9/5/84) Ninth Circuit Court of Appeals (11/23/83) Eighth Circuit Court of Appeals (3/5/91) Seventh Circuit Court of Appeals (1991) United States District Court, Delaware (6/14/72) United States District Court, Washington (WD)(11/71) United States District Court, Washington (ED)(12/05) United States District Court, Eastern Dist. of Wisconsin (10/4/90) Swinomish Tribal Court (1994)

PROFESSIONAL EXPERIENCE Judicial Related Experience:

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2001 to 2008 Board Member of the U.S. Selective Service System (a dormant job with training each year). Nominated by Governor Locke and appointed by the President;

Judge pro tem, King County Superior Court (approximately 50 cases, 1985-90), Seattle District Court, Seattle Municipal Court (approximately 100 criminal cases, 1980s); 1985 to Present Mediator, Northwest Mediation Service, King County Mandatory

Arbitration Panel (approximately 100 arbitrations), UIM Arbitrator; Private mediator.

2006 2009 University of Washington School of Law Moot Court Judge

Professional Experience:

2/00 to Present Leen & O’Sullivan, PLLC. Private practice of law emphasizing

consumer law and real estate practice. Law partner (wife, Sheila O’Sullivan) mostly handles estate planning and bankruptcy cases.

8/79 to 2/00 Founding Partner, Leen & Moore. Private practice of law in Seattle,

Washington, handling general civil and criminal litigation (felonies and misdemeanors), including class actions, in federal and state trial and appellate courts and before various governmental agencies with emphasis on consumer finance.

5/78 to 7/79 Regional attorney for the Legal Services Corporation. The regional

office, monitors and approves funding for legal aid programs in Northwest states, Hawaii, Alaska and Micronesia. Position involved monitoring programs, reviewing management systems and litigation of legal services programs.

1975-1979 Instructor, Evergreen Bar Review.

6/77-5/78 Attorney Advisor for the Economic Development Administration

(U.S. Dept. of Commerce). This position included closing $25 million in loans, approving municipal bonds and reviewing grants and construction schedules for federal loan programs.

1976-1977 Regional Staff Attorney for the Federal Trade Commission, Seattle

Office. Studied economics and anti-trust law and handled administrative matters relating to consumer protection.

1972-1976 Staff attorney for Seattle/Evergreen Legal Services. Represented

community groups and non-profit corporations; drafted protective legislation relating to deed of trust foreclosures, fair credit reporting

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and consumer protection; organized and ran consumer unit representing interests of low income consumers; supervised new attorneys and legal interns.

1971-1972 Staff attorney for Community Legal Aid, Wilmington, Delaware.

Under a Reginald Heber Smith Fellowship, brought suit against the state prison system in federal court to place the system in receivership for failing to run the institution constitutionally; and successfully challenged the state vehicle impound law.

1970-1971 Law clerk, Dwyer & Jensen, Eugene, Oregon (labor and criminal

law research).

1969 Student law clerk, Law Students' Civil Rights Research Council in New Mexico.

1967 Clerk, U.S. Senator Wayne Morse. 1966 Student intern, U.S. Office of Education.

1963-1965 Legal clerk, court reporter, U.S. Navy.

PUBLICATIONS ARTICLES

Unclaimed Class Action Funds Offer Hope for Equal Justice, Wash. Bar Journal (July 2007) (co-author);

Fuller v. Oregon: The Cost of a Constitutional Right, 55 Oregon Law Review 99 (1976);

Deed of Trust Foreclosures in Washington, 29 Wash. Bar Journal 36 (1975) (co- author);

Deeds of Trust and Due Process, 48 Wash. Law Review 763 (1973) (co-author).

CLE PRESENTATIONS AND MATERIALS Defending Foreclosures, WSBA, LSI, KCBA, 20 CLE Presentations, 2008-Present The New Rules for Business Litigators, Washington State Bar Association (2007); Ethics for Real Estate Attorneys, Washington State Bar Association (2007); Predatory Lending and Foreclosure Defense, Pierce County Bar Association (2006);

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Foreclosure Rescue Scams, King County Bar Association ( (2006); Leadership Institute, Washington State Bar Association (Faculty since 2005);

Consumer Protection Act, Class Actions, Washington State Bar Association (1998);

Recovery of Attorney Fees in Consumer Protection Act Cases, Washington State Bar Association (1998);

Defending Foreclosures, National Consumer Law Center (1994);

Alternative Dispute Resolution Conference Materials, University of Washington School of Law (panelist) (1994);

Foreclosing and Defending Liens, Washington State Bar Association (1990);

Real Estate Loan Defaults and Workouts, (co-author) Washington State Bar Association (1989);

Real Property Foreclosures in Washington, National Business Institute (1987);

Foreclosures, National Business Institute, Continuing Legal Education Series (1985);

Representing the Defaulting Purchaser of Real Property, Washington State Bar (1984);

Economics of Consumer Law Practice, National Lawyers Guild (1982).

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SIGNIFICANT CASES

Scott v. Cingular Wireless, __ Wn.2d __, No. 77406-4 (July 2007) (successful challenge to mandatory arbitration clause in consumer contract) (amicus for AARP). Udall v. TD Escrow, 132 Wn.App 290 (Div. II -2006); __Wn.2d__ (reversed 2007) (deed of trust auction issue). Brown v. Legal Foundation of Washington, .538 U.S. 216 (2003), aff'g 271 F.3d 835 (9th Cir. 2001) (en banc) (in this case I was a defendant as trustee of LFW in an unsuccessful challenge to the nationwide IOLTA programs. Neiderle v. TD Services, No. 48661-6-I (2002 - unreported). Davis v. Derwinski, 756 F. Supp. 1162 (D. Wisc. 1990). Applied Vallejo and Whitehead in Wisconsin class action. Vail v. Derwinski, 742 F. Supp. 1039 (D. Minn. 1990) Applied Vallejo and Whitehead in Minnesota class action. Carlson v. Gibraltar Savings, 50 Wn.App. 424 (Div. I-1988) (deed of trust notice issue).

Whitehead v. Derwinski, 701 F. Supp. 795 (W.D. Wash. 1988) (Judge Dwyer), aff'd, 904 F.2d 1362 (9th Cir. 1989). This case applied Vallejo (below) to 7,000 class members, providing for nullification of $100 million in deficiency claims, refunds of seized disability and retirement pay exceeding $2 million, and attorney fees awarded of $920,000. Koegel v. Prudential Bank, 51 Wn. App. 108 (Div. I-1988). This case handled at trial and appellate level--established standards for raising (or waiving) rights in non-judicial foreclosures. United States v. Vallejo, 660 F. Supp. 535 (W.D. Wash. 1987) (Judge Coughenour) Handled at trial level--this case established debtor protections for veterans (see attached narrative). Cox v. Helenius, 103 Wn.2d 383 (1985). Handled this case at trial and appellate level; established fiduciary duties for trustees foreclosing deeds of trust. Warden v. Warden, 36 Wn.App. 693 (Div. I-1984). (property rights of unmarried couples).

Lake v. Butcher, 37 Wn.App. 228 (Div. I - 1984). (represented a minor in a challenge to the Uniform Parentage Act).

State v. Hesse, 12 Wn. App. 787, aff'd, 86 Wn.2d 51 (1975).

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Handled at the trial and appellate level; established standards for court-appointed counsel in criminal cases. In re Luscier, 84 Wn.2d 135 (1974) (established right to counsel in termination of parental rights cases) (amicus);

State ex rel Brundage v. Eide, 83 Wn.2d 676 (1974). This case was handled at the trial court and Supreme Court level and established right to counsel free of recoupment obligations imposed as a condition of probation. Goines v. University of Washington, King County Superior Court (1973). This 6 week trial resulted in proof of race discrimination at the University of Washington Dental School and that officials had falsely lowered 18 grades on transcripts of the only black dental student and wrongfully discharged the student. The court ordered all grades corrected and the student reinstated.

Wilgus v. Peterson, (Federal District Court, Delaware, 1972). This case established due process rights for prisoners in a class action in the State of Delaware.

CONSUMER CLASS ACTIONS Perkins v. CTX Mortgage, 137 Wn.2d 93 (1999) Jacquemart v. Continental Savings Bank, King County Superior Court (1997) Peterson v. Norwest Mortgage, King County Superior Court, (1995) Harris v. Beneficial Finance, King County Superior Court, (1994) Sant v. Household Finance, Snohomish County Superior Court, (1994) Whitehead v. Derwinski, U.S. Dist Ct. (WD WN) (1988).

PEER REVIEWS Martindale-Hubble (highest rating since 1990). Law & Politics Magazine, Super Lawyer every year since 2000. Law & Politics Magazine (2007) Top 40 Real Estate Attorneys. www.AVVO.com (highest rating, 10/10). Seattle Magazine Top Lawyers of 2003 (January 2003).

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PUBLIC SERVICE:

Northwest Consumer Law Center, Founding Member, 2012 Historic Preservation Award (1987) for restoration of Seattle’s oldest building, the Ward House (present office location).

Board Member, Northwest Chamber Orchestra (1988-1994). National Association of Consumer Advocates, Founding member 1996.

Testified before U.S. Congress (1988, 1991) on Veteran's rights issues. King County Bar Association, Quiet Hero Award (5/00). King County Bar Association, Pro Bono Attorney of the Year (2004).

Trustee, Legal Foundation of Washington (2001-2004).

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SHEILA M. O'SULLIVAN 520 East Denny Way

Seattle, Washington 98122 Phone: (206) 325-6022/Fax: (206) 325-1424

[email protected]

PROFESSIONAL EXPERIENCE

Leen & O’Sullivan, PLLC~ Attorneys at Law ~ Seattle

Partner: Private law practice including bankruptcy, predatory lending litigation, probate, guardianship, estate planning, consumer rights, mediation, negotiating and preparing contracts, business formation, small business and non-profit formation, and real estate.

January 2005 to Present Northwest Consumer Law Center ~ A Nonprofit Foundation advancing the rights of consumers ~ Seattle

Executive Director; Volunteer Attorney: Private law practice including mediation, negotiating and preparing contracts, business formation, small business and non-profit formation, bankruptcy, predatory lending litigation, consumer rights.

May 2011 to Present Managing Partner: Responsible for hiring, training and continued education of staff with regard to: legal procedure and theory. Oversight and training of all accounting and financial statements and bookkeeping. Includes financial statement analysis, equipment maintenance and purchases, cash flow management and oversight of all aspects of paralegal, secretarial bookkeeping and law office management duties. Oversight and management of repair and maintenance of the building we occupy, management of building tenants (lawyers), as well as the associated services such as library, conference room, copier, postage meter, messenger and secretarial services.

January 2005 to Present

David Leen & Associates, PLLC~ Attorneys at Law ~ Seattle [Formerly Leen & Moore] Associate Attorney: Primarily transactional practice including probate, estate planning, contracts, business formation and small business consultation, consumer rights, bankruptcy, family, real estate, personal injury and general civil litigation.

May 1998 to December 2004

Managing Attorney: Responsible for hiring, training and continued education of staff with regard to: legal procedure and theory. Oversight and training of all accounting and financial statements and bookkeeping. Includes financial statement analysis, equipment maintenance and purchases and oversight of all aspects of paralegal, secretarial bookkeeping and law office management duties. Oversight and management of repair and maintenance of the building we occupy and rent to other lawyers as well as the associated services such as library, conference room, copier, postage meter, messenger and secretarial services.

May 1998 to December 2004 Paralegal/Rule 9 Intern: Experience gained in this general practice firm included a broad range of practice areas

including but not limited to, consumer, bankruptcy, family, real estate, personal injury, criminal, general civil and estate planning. Interviewed all bankruptcy clients and prepared petition and schedules. Researched legal issues and wrote comprehensive memoranda for attorneys' use in case evaluation and strategy planning. Interview new clients. Responsible for implementation stage of several class actions including settlement notice mailing, responding to thousands of class member inquiries, design of claim form, mailing of claim form, evaluation of claims, refund check processing and issuance.

1996 thru 1998

Administrator/Comptroller: Financial statements and financial statement analysis, cash flow budgeting,

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implementation and maintenance of general ledger system, personnel, group insurance plan administration, professional liability insurance, personnel, advertising, computer, software and network maintenance and troubleshooting, equipment purchases and maintenance, voice mail system administrator; oversee janitorial services; building maintenance and repairs, management of partners' rental property; oversee all aspects of client billing/accounts, individual and pooled trust accounts, accounts payable, accounts receivable management and collection, payroll, monthly, quarterly and annual taxes.

May 1991 thru September 2000

BAR AND PROFESSIONAL MEMBERSHIPS AND AFFILIATIONS Courts Admitted to practice in: Washington courts

United States District Court, Western District of Washington United States Bankruptcy Court, Western District of Washington United States Court of Appeals, Ninth Circuit United States Supreme Court

Member: United States Supreme Court ~ since 2002 Ninth Circuit Court of Appeals ~ since 2004 Washington State Bar Association ~ since 1998 Oregon State Bar Association ~ expected September 2011 King County Bar Association ~ since 1998 Debtor/Creditor Section, Washington State Bar Association Federal Bar Association, Western District of Washington since 1998 National Association of Consumer Bankruptcy Attorneys (NACBA) National Association of Consumer Advocates (NACA) American Bankruptcy Institute (ABI) since 2005 Executive Committee Washington State Bar Creditor-Debtor Committee Guardian Ad Litem: Snohomish County Superior Court (2005-2006) King County Superior Court (2005-2006) Certified Washington State Foreclosure Mediator under the Foreclosure Fairness Act

EDUCATION Seattle University School of Law: J.D. 1998 Seattle University: Bachelor of Arts in Business Administration 1990 Majors: Finance, Marketing; Minor: Economics Dean’s List: Eight quarters Trained Mediator: 40 hours of intensive training, Seattle University and the Disputed Resolution Center August 2011

RECOGNITION, SPEAKING AND VOLUNTEER WORK Board Memberships: University of Washington Women’s Center, board member since 7/2011 WOMBATS (women bankruptcy attorney organization), Board member since formation (2010) Northwest Consumer Law Center, Executive Director ~ not-for profit not-for-profit law firm

founded in 2011 serving the low income and indigent. Nautica Condominium Homeowner Association, President -1998-2001 Board member 1995-1998 Volunteer: Plymouth Housing: Weekly estate planning and computer training for residents King County Probate & Guardianship Review calendar. Assist judges and court commissioners in disposing

of cases and or resolving problem case files. (1998 through present) Debt Clinic, King County Bar Association Neighborhood Legal Clinics (2005 through present) King County Bar Association’s Volunteer Legal Services (VLS) pro bono cases (approximately 10 per year)

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King County Bar Association’s Volunteer Attorneys for People with AIDS (VAPWA) pro bono cases (approximately 2 per year)

The Leukemia and Lymphoma Society, Washington and Alaska chapter. “Light the Night” Team Captain and Committee Member (2004 - 2007)

The Leukemia and Lymphoma Society, Team in Training, Washington and Alaska chapter ~ Cycling team member and major fundraiser since 2010

King County Bar Association, Pro bono referral panel King County Bar Association Judicial Evaluation Committee (2003) King County Bar Association Lawyer Referral Committee (2005- 2006) Operation Nightwatch: volunteer feeding the hungry since 2011 Treasurer: Retain Judge Dean Lum Committee Speaking: The Foreclosure Fairness Act; Law Seminars International, July 26, 2012 Residential Real Property In A Distressed Market, Foreclosure Fairness Act; WSBA August 7, 2012 Foreclosures: An Update on Status, Procedure & Best Practices, The Foreclosure Fairness Act; The Seminar

Group April 26, 2012 Consumer Bankruptcy 101: Chapter 7 and Chapter 13, (OnePath, September 2011) Bankruptcy 101 (August 2010) The Lawyer's Toolbox: Residential Real Estate (June 2005) Washington Education Association (WEA): Estate Planning

PUBLISHED CASES AND MATERIALS: In re Goodale, 298 B.R. 886, 51 Collier Bankr.Cas.2d 35, Bankr.W.D.Wash., (2003). In re Feige, WL 3320847, W.D. Wash. 2005. Foreclosure Defense Manual, authored by David A. Leen; contributing editor, Sheila M. O’Sullivan Basic Real Estate, Continuing Legal Education materials for June 2005 course. Bankruptcy 101, Continuing Legal Education materials for August 2010 course.

PRIOR BUSINESS EXPERIENCE AND SKILLS Insurance: Associate Underwriting Executive, underwriting processing Banking: Personal Banker, Customer Service Representative, Teller Restaurant Management Software: Advanced skill levels in Microsoft Windows 95, 98, NT and Office software, bookkeeping and general ledger accounting software, legal billing software, Westlaw, bankruptcy and family law software.

SUMMARY OF NON-LEGAL SKILLS Financial Statements, financial statement analysis, taxes, general ledger, payroll, accounts payable/receivable, budgeting, full charge bookkeeping, personnel, over 25 years management and supervision; proficient in Windows XP, Word 2010, Excel 2010, STI: PracticeMaster, TABS3, Accounts Payable, Trust Accounting, Quicken.

REFERENCES ~ PERSONAL AND PROFESSIONAL

Judge Dean S. Lum King County Superior Court 516 3rd Ave Seattle, WA 98104-2386 [email protected] (206) 296-9295

Anthony (Tony) J.W. Gewald Attorney at Law/Partner Lasher Holzapfel, Sperry & Ebberson, PLLC 601 Union St, Suite 2600 Seattle, WA 98101-4000 [email protected] 206-654-2407

Melissa Huelsman Attorney at Law/Owner

Lucinda (Cindy) M. Fazio Attorney at Law/Examiner

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Law Offices of Melissa A. Huelsman 705 2nd Ave., Suite 150 Seattle, WA 98104-1741 [email protected] 206-447-0103

State of Washington, Department of Financial Institutions Olympia, WA [email protected] 360-902-8800

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Welcome to

Chicago: Our kind of town

CI nCAGO WEI.CO!\IES all with its contagious friendliness and cnergr.::m unequaled setting on L:lke M ichigan. world famolls architecture :md

landSClpcd parks. a varict), of noc-to-be-missed cultural institutions :md oppormniries, and shopping that tempts even the most jaded.

The confere nce s ite, rhe Fairmont Chicago, Millenniunl Park Hord, is cOIwenicnd), central [0 llI:m)' of C hiclgO'S must-sec/do sites:

JIISI one block $Omit of it:lre fI.·lillcnniulIl Park

and Gram Park. H ere rou'll filld the drnmaric Frank Gehrr-designcd Prit::kcr 1);11'111011, admirt the iconic C loud Gate Sculprnrc,c l~or the ere­c:uching Crown FUlinraill wirh irs lIlany elccs of Chic,lgo, or cnjor a leisurely stroll through scrcncl), beautiful gardens ;tnd bndsc:lpc.

If 3rt is ),ourthing. ChiClgo has much ro ofler here. too. 111e Art Ins lirute of C hicago is a narional treasure with grelt collecrions by Georg~s Seur.lt, Gr:lnI \"ood, Ed H opper, Cbude r.,·lona. lnd olher not.:worthy artists. Thought-provoking modern art is on \·iew II thi! Museum of CO lltCll1pOrar)' Art, including phorogr~lph )',

video. fi lm. plintillgs, lnd sculpture.

Ilig thinkers shoLlld visit the Ficld Museum of Naronl Science :md f3ke llook It Sue, the worM's brgest and besf preserved T),rannos3urLIs rex.

Over 32,600 allimals-el·eryrhing from whlles to snails-arc exhihited at [he Shedd Aquarium! Oceanarium. And if you're seeing stars YOII're likd), lt [he Adler Pla ll er:lriutll with [he world's most complete and complex I'iew of rhe Milky

V'h}'.

TIle dining scene, tOO, f3nges from locll specialties to dh'crsc ;md innol'lth'c world ellSS cuisine, Chicago nOw hlS l repllr:lrion for some of the

best, most innovaril'e cuisine in the country. widl a rccord se\'en IhrCC-SIlr restaurlnrs! Foodies will rell you to go for more th .1I1 Chiclgo style pi::::::a. ho t dogs. and stelk - bm if you're on :I srrict budget. pull 0 111 )'OLlr smarr phone ltlCl check for apps likc iPllone's Chic:lgo Chc:lp EllS.

TIlere's much )"o Ll ' 1I enjo), at nelrb}, Na\')' P ie r. Fift)" acres of attracrions lre slIre [0 clrch )'OLtr intert.5t: gardens. r~f3urants, nm shops, ChiClgo~

largest flat screen IMAX 3D 'nlealre. lnd-ir rou're nor afrnid of heighrs-gi\'e rhe sky·high 150 foot Fcr r is W heel a spin. Kids, evcn grownups, will CI~O}' the Children's M LlseLlll1 's

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hands-on exhibits. the dinosaur expcdition. and thc tree house trail. And. as you'd expcct on a waterfront pier. sightseeing and dinner cruises sail off from the dock.

For lillie/' //lore 011 enjoying your ,.isit to CI,iel'go. look I1t sius suc/, lIS www.choosechicago.com.

..........................•...........•.•..... . . : CHECK OUR WEBSITH FOR THE J.ATEST UI'I>ATES!

For the latest information about the conference.

course descriptions. new speaker additions.

and more things to do in Chicago. go to

wWlV.nde.org. . ••..••..............•.•.......................

Co\'cr photo: Cl~'u .. lg.lu 3n~t hdnw: O.lk Str((/ nc.ld, Phoroi by CCs.J.r Run PholO~r .. ph,.

I)hohll J~o"'n~ prc\10us CRI.(: ('onfC:-rnlct"S throu~out thi,. ~nxhu~ hI' Ken }'brtin,

Why attend? NCLC's Consumer Rights Litigation Confcr­ence is the premier gathering of anorneys and advocates providing aggressive and professional representation for American consumers. Here you can: • Learn the latest developmcnts in consumer law from thc country's leading experts • Comc away inspired and encrgized by the network of passionate advocates working for consumer justice • Network with expericnced professionals who share your interest in consumer law • Learn valuable insights and tips that will strengthen your practice • Visit Chicago and alI the food and shopping it has to offer • Sa\'c money on N CLC s public.1tions with special conference discounts • Earn CLE credits

It's YOllr 0Pl,ortll"ity to l",i'" YOllr practice represe"tillg cousumers firdngforedosures, debt collectio" abuses, predatory 'eliding, auto fraud, credit reporting. mId more.

20th Annual Consumer Rights UUgaUon Conference 18 hours of breakout sessions plus plenaries. 59 courses. and top speakers for you to select from

Main Conference Thursday through Saturday

Thursday IntenSives • Enforcing your Client's Rights Under the FHA and RHS Loan Programs. (Half Day)

• Introduction to Representing Student Loan Borrowers • Beyond Bankruptcy Basics

Salllrday/Sunday Symposium CONSUMER CLASS ACTION SYMPOSIUM

Sunday Intensives • Strategies for Representing Consumer Debt Collection Defendants

• Mortgage Servicing: Troubleshooting & Litigation

CICome see our wild'lij~~' :, ::::: .' and get some good CLE ',:

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Despite their central role in triggering the economic crisis. the financial industry and its allies have not stopped pushing their deregulatory. anti-consumer agenda. Fueled by record profits on Wall Street, corporate influence over all branches of government remains as high as ever. Witness the Supreme Court's CO~lceJlcioll decision. the relentless anacks on the Consumer Financial Protection Bureau before its doors even opened, and the continued failure of the federal banking regulators to rein in the mongagc indusrry. On top of it all. deep budget curs arc decim.ltingthe social safety net and slashing legal services funding for the most vulnerable.

Consumer advocates have no choice but to roll up our sleeves and fight back. 111e Consumer Rights Litigation Conference is the place to discuss how best to counter the big business agenda and achieve justice for consumers. With close to a thousand colleagues in attendance. you will gain inspiration from best minds and most dedicated advocates in our community.

As you look through this brochure. you will find a breadth of sessions. from the nuts and bolts for beginners to cutting-edge issues for a sophisti­cated practice. \"Ie cover it all: debt collection abuses. the mortgage servicing and foreclosure mess. credit reporting violations. forced arbitration. auto fraud, student loans. bankruptcy. credit cards and other small loans. and more.

You will have a chance to learn from and speak with all the top minds in consumer law. including outstanding past f.1Vorites-Leonard Bennett of Newport News. VA. one of the foremost Fair Credit Reporting Act litigators in the U.S .• as

II Consumtr Rights Litigation Confertnce 2011

well as Diane Thompson. John Rao. Richard Rubin.James Francis. Elizabeth Renuart. Kevin Byers. Margot Saunders. Ronald Burdge. and Illany Illore who will update you with strategies and consumer law developments. Many of the speakers will be around for the entire conference so you will have the opportunity to meet and discuss the issues with them.

Plenary speakers include: Deepak Gupta. formerly with Public Citizen and now with the Consumer Financial Protection Bureau. and F. Paul Bland Jr .• Public Justice. speaking on Life After COtlccpci(1/I and the future of consumer class action litigation. Also. Allison Zicve. Public Citizen. along with Mark A. Chavez and Susan Saladolf will be speaking on Fighting Back Against the Big Business Agend.l and winning C.1Ses for consumers.

CC Opportunity to learn an incredible amount of information directly from the experts." AnENDEE TALKS ABOUT PAST NCLC CONFERENCE

N'''1 Pitt. Pho.o b)' Ccur It",. Phe.ognrh)'

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CONFERENCE SPEAKERS

F. PAUL BLAND, JR., a Staff Attorney for Public Justice and Of Counsel to Chavez & Gertler handles precedent-setting complex civil litigation. He has argued or co-argued and won more than 25 reported decisions from federal and state courts across the nation, including cases in five of the federal Circuit Courts of Appeal and seven different state high courts. He is NCLC's 2006 Vern Countryman Award recipient. He is a co-author of NCLC's COIISIIIII(r Arbitr.ttioll Agrc(lIIellts: Ellforcellbility alld Ot"er [$SIll'S and has co-authored numerous articles.

DEEPAK GUPTA joined the new Consumer Financial Protection Bureau in May 2011, where he is responsible for appellate matters in the Office of General Counsel. Before that, he spent six and half years at Public Citizen, where he was a staff attorney and director of the Consumer Justice Project, focusing on Supreme Court and appellate litigation on behalf of consumers.

ALLISON M. ZIEVE is the director of Public Citizen Litigation Group and of the Group's Supreme Court Assistance Project. The Litigation Group is the litigation arm of Public Citizen, a not-for-profit consumer advocacy organization. Ms. Zieve's practice addresses consumer law, including federal regulation of consumer products; the first amendment, in particular issues arising from tobacco regulation and Internet speech; access to courts; and open government.

MARK A. CHAVEZ founded the law firm of Chavez & Gertler LLP with Jonathan E. Gertler. In the course of his career, Mr. Chavez has represented plaintiffs in a wide variety of consumer class actions and other complex civil litigation matters. He was one of the eight founders of the National Association of Consumer Advocates and is its former co-chair. Mr. Chavez currently serves on the boards of Public Citizen, the National Consumer Law Center, Disability Rights Advocates, and the Stanford Public Interest Law Foundation.

SUSAN SALADOFF (Director, Producer Hot Coffee dle movie) spent twenty-five years practicing law in the civil justice system, representing injured victims of individual and corporate negligence. She stopped practicing law in 2009 to make this documentary. She began her career as a public interest lawyer with the law firm of Trial Lawyers for Public Justice, now known as Public Justice, where she has served on the Board of Directors, and as its 20th national Prc.~ident. Hot Coffee was featured on HBO in June and in numerous film festivals.

Look for additional plenary speakers on our website, www.ndc.org .

••......................•••.••......... Ideas Insight Inspiration Practi",l - TJ,ought Provoking

[nsigl'iflll - Energizing

Nuts and bolts sessions for

beginners to cutting-edge strategies for seasoned practitioners -

this conference has it aU. Speakers will describe, debate,

share, challenge, and lecture on the consumer law issues

that are harming consumers everywhere .

....•••••••.....................••••••.

Consumer Rights Liligarion Confercn~e 2011 I 26-028

Network Social~e Enjoy Connections

THURSDAY WELCOME RECEPTION-Meet and greet old and new mends and colleagues at a reception following the Opening Plenary.

NEWCOMERSDINNER-Expetiencedronsumer attorne),s will lead groups of first-time attendees to dinner in Chicago after the Opening Reception. It's a good way to meet experienced consumer attorne)'S as well as other first-timers. Participants pick up their own tabs. Pre-registration requested to facilitate making restaurant reservations in advance. More infonnation will be available closer to the time of the conference. Thanks to Steve Gardner, Center for Science in the Public Interest, for organizing this networking opportunity.

FRIDAY MINORITY LUNCH-Special luncheon for advocates of color to network and discuss common issues of interest.

NETWORKING LUNCHES-Self-directed affinity lunches give attendees an opportunity to meet those with common interests. be it home state, practice area, type or size of practice, or other shared interest. We'll email more infonnation to conference registrants before the conference.

FRIDAY EVENING-NACA Annual Meeting, Media and Trial Advocacy Awards, and NACAI CRLC Parry.

SATURDAY AWARDS LUNCHEON- Don't miss NCLC's inspirational Countryman Award presentation, and our keynote speaker.

Hot Coffee MOVIE SCREENING-an acclaimed documentary feature film by Susan Salad off.

CONSUMER CLASS ACTION SYMPOSIUM RECEPTION-Symposium registrants (and others who pre-register for the event) will enjoy this cocktail event at one of Chicago's points of interest.

RECEPTION FOR LEGAL SERVICES­Legal service and public interest attorneys will have an opportunity for a fun evening with their conference colleagues. Generously hosted by the Law Office of Robert W. Murphy. Ft. Lauderdale, Florida.

Watch for details at the conference.

QUESTIONSI View www.ndc.org for the very latest on the ron&rence. hotel reservations, and more about the sights of Chicago. For registration information, email Debbie Parziale at NCLC at [email protected].

Hot Coffee, the movie. "Eye-opening indictment of the way big business spins the media."

Plenary and Movie on Saturday at 4:00 p.m. Big business interests have won in the hearts and minds of average people. They launched a public relations campaign starting in the mid-80s and continuing over the last two decades to convince the public that we have out-of-control juries, too many frivolous lawsuits and a civil justice system that needs reforming. They have used anecdotes, half-truths and sometimes our and out lies in their efforts, for one purpose - to pur limits on people's access to the court system, the one and only place where an average citizen can go toe to toe with those with money and power and still have a shot at justice. · ·

VARlET}'

~ "Stunning debut ... Over the last few years, however, documentary films and independent film festivals have become a vehicle for alternative ideas to get a public forum. Because almost everyone has heard about the McDonald's coffee case, and most people believe they know what it's about, this project has a f.1scination for people. Of : course, the filmmakers go much further into the debate than just the :

· Sends audiences out of the theater thinking in a brand new way."

McDonald's coffee case, but the case is a vehicle for people to think about their long-held beliefs and whether they are valid. We think this movie has the potential, with rhe right funding and effort. to really change the way people think about our civil justice system and access to the courts.

I Consum~r Rights Litig.tion Conference 2011

THE Wi\SIHNG'rON POST

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illtel/si",' (OIlT$,'S "re o.U;·re,/. ill "d~litioll /(! th,' ""/ill ('''~'·rt·II''· ,1/1.1 re'I"ire ,1(l.litit"lIJl fi"'s. Afml)' ,Itl~·,,,ie,·s ,\(" ttl t/,,· ""UII ~',,,~,·ro,(,· "lid ,,,,,' ,Ir til''' illtellsil·es. Som,· cllOose ttl g" ollly tt,

,1/1 ~IIt"I/~"'e .or t/, .. COl/sllmer C/,I$S Ae.t~"" SymJ'(ISil~m. P.lrliciJI"ti'~1l lIl"y /1,·1imit,·,/. so early reglStm/,,'" IS strongly reeolllllle",I .. ,! (II,,' "h1111 ('''ifer''llet' "gelld" .J"l/tln·S ,'" I,,'g"s 9.13.)

INTENSIVE 1 Enforcing your Client's Rights under the FHA and RHS Loan Programs (1/2 Day)

THURSDAY, Nov. 3,8:30 A.M.-12:00 I'.M.

The Department of Housing and Urban Devel­opment (HUD) and the Rural Housing Service (RHS) have issued extensive guidelines which regulate the servicing of mortgage loans issued or guaranteed by the Federal Housing Adminis­tration (FHA) and RHS. Despite these guidelines. homeowners facing foreclosure and the advocates that assist them have faced numerous challenges in working with servicers to resolve delinquencies and obtain sustainable workouts. This session will review the statutes, regulations, and loss mit­igation policies issued b)' the agencies and focus on enforcing homeowners' rights under these guidelines.

Sp.:"kers; Gideon Anders, Steven Sharpe Registratioll Fee; Early Bird $125; Regular $175

INTENSIVE 2 Introduction to Representing Student Loan Borrowers

THURSDAY, Nov. 3, 8:30 A.M.4:00 P.M.

Srudent loan debt recenrl)' outpaced credit card debt. The growth in student loan debt threatens to undermine the future life prospects of the current generation of srudents. Unfortunately, in man)' cases, student loans have become more of a burden than a bendk

The good news is that there are many options and legal claims available to assist financially distressed srudent loan borrowers. This full-day intensive will focus on these assistance options. primarily for borrowers with federal student loans. Private srudent loans will be briefly covered.

The program is designed for advocates, both legal aid and private attorne),s, that have minimal experience in this area. We will discuss how advo­cates can determine what rrpe of srudent loan a client has and why this matters. The training will follow a checklist approach that advocates can

use to approach student loan cases, starting with wa),s to cancel loans in and our of bankruptcy and ending with collection cbims.

SI"'"kcrs: Deanne Loonin, Geoff Walsh. Herman De Jesus. Heather Jarvis. Joshua Cohen R'·gistr.ltioll Fc,'; Early 13ird $40; Regular $50

INTENSIVE 3 Beyond Bankruptcy Basics

THURSDAY, Nov. 3,8:30 A.M.-4:45 ".M.

This intensive for intermediate and experienced bankruptcy attorneys will cover a wide variety of current issues, such as lien strip oft~ (including valuation issues and availability in no discharge cases), surrendered property. treatment of Social Securirr benefits, post-petition transfer problems based on checks written pre-petition. mortgage escrow accounts in chapter 13 cases, and private and government student loan dischargeability. Panelists will also discuss ways to respond to the recent Supreme Court decisions in Rallsom. Lllllling. and SC/Jll'I1b. We will also cover litigation strategies involving standing and proper party issues in stay relief. claim allowance. and other bankruptcy proceedings.

Sl'c(ikers; James Haller, Carol Kenner (former bankruptcy judge), David Yen. Tara Twomey. John Rao, Geoff Walsh Registmtion Fee: Early Bird $230; Regular $295

INTENSIVE 4 Strategies for Representing Consumer Debt Collection Defendants

SUNDAY, Nov. 6, 8:00 A.M.-5:00 P.M.

This intermediate level intensive will analyze strategies to address the very high volullle of debt collection suirs brought and default judgments obtained by debt buyers and credit card companies against low- and Illoderate-income households. This intensive is targeted toward legal aid and pro bono lawyers. This intensive may also be valuable for private law),ers in states where fee shifting or FDCPA strategies may make private representation feasible.

Consumcr Rights Litigation Confcrence 2011 I 26-030

The intensive will evaluate: • substantive defenses. and evidentiary and procedural strategies for consumer defendants in state debt collecrion suits: • affirmative litigation against debt collecrors: • developments in the debt buyer industry: • attorney fee-shifting and fee-maximizing strategies: • effective protection of a consumer's property exempt judgment: • and best practices in programs to support pro bono lawyers and self-represented consumers. and promote fairer trial court practices.

Recommended prerequisites for this intensive arc trial COUrt experience representing consumer defen­dants in state court debt collection suits. f.tmiliarity with NCLC's Col/eetioll Actions (211d cd. 2011). and main conference course B3. or equi\·alents.

Spcakers: Anamaria Segura. Michelle Weinberg. Claudia Wilner. Robert Hobbs. John Heenan. Peter Holland.Jerry Jarzombek. Michael Kinkley Registr.ltioll Fcc: Early Bird 5230: Regular $295. plus recommended NCLC's Collectilm Actiolls (211d e.1. 2011) $95 (conference discount price)

INTENSIVE 5 Mortgage Servicing: Troubleshooting & Litigation

SUNDAY, Nov. 6,8:30 A.M.-4:00 P.M.

Mortgage servicing problems have become increasingly widespread. Servicer misconduct and a general lack of transparency in the industry make it difficult for consumers to resolve problems on their own and arc a challenge for their attorneys. This intensive provides a discussion of topics intended to help change the frustration to progress. including how servicers operate and store infor­mation. tricks and traps in payment schedules. a roadmap of abusive fees and force-placed insurance. escrow pitfalls and regulation. legal claims. and litigation strategy. A case study will be provided for hands-on application of the principles discussed.

Participants should have some experience repre­senting consumers in servicing disputes. which may include foreclosure defense or Chapter 13 bankruptcy work. Those interested in loan mod­ifications should consider courses offered during the main conference. as this intensive will not cover loan modification programs.

Spc.lkcrs: Kevin Byers. Jeffrey N. Golant. Tara Twomey. Margot Saunders RcgistmtiOlJ Fee: Early Bird $230: Regular $295

I Consumer Righrs Liligarion Confercn(c 2011

11 th Annual Consumer Class Action Symposium

SATURDAY, NOVEMBER 5, 6:30 ').M. (reception)

SUNDAY, NOVEMBER 6, 8:30 A.M.-4:00 I).M. (session)

The Class Action Symposium feattlres top consumer class acrion lawyers presenting on cutting edge consumer class action topics. Partic­ular focus is given to recent developments under the Class Action Fairness Act and the Federal Rules of Civil Procedure: critical new case decisions from the Supreme Court. including COIlCepcioll and Dukes. and other jurisdictions around the country: practical skills development: and ethical issues.

Past speakers have included Judge William Young (MA Federal District Court):Judge Mark Bernstein (Court of Common Pleas. Philadelphia. PA): Attorney General John Kroger (OR): Pro­fessor Richard Daynard (Nottheastern University School of Law): Professor Brian Wolfman (Public Citizen/Georgetown Law School): Attorne), General Hubert H. Humphrey III (MN): Michael Greco (Kirkpatrick & Lockhart. Boston. ABA President): Arthur Bryant (Public Justice): Bill Lan Lee (Civil Rights Division of the Depart­ment of Justice) and Elizabeth Cabraser (LiefT. Cabraser. Heimann & Bernstein (S.F.).

Orgmlizcrs: Stuart Rossman. Charles Delbaum. Arielle Cohen Uegistmtioll Fee: Early Bird $475; Regular $515 Useful course lI11ltcrials will be provided 011 Ii CD IWM.

The Saturday evening opening social event at a nearby Chicago venue will be a wonderful oppor­tunity for both experienced consumer class action practitioners and rhose new to rhe practice to meet and get to know one another. Beer. wine. and light buffet included in registration fee. A highlight of rhe event will be the annual Sunday luncheon program.

: ......••••...•••....•.•..................... . Don't Miss Out! Register Early

Space is limited in these intensives. and registrations are accepted on a first-come. first-serve basis. Register early. \Vhen an intensive meets its regis­tration maximum. no additional registrations will be accepted. even if this is before the conference's early rate payment deadline. Registering online willlllake it easier and f. .. ster for you to reserve a space before the intensh'es reach capacity. · · · •......•...•••.••••.•.•..•.••••..............

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Agelldll is subject to c/,"lIIgc to I1CCOIIIIIIOdl1te sl'cilker 11I'llililbility. Sec 1I'1I'1I'.IIc1c.orgfor latest agclldll alld (OllrU I~es(ril'tioIlS.

WEDNESDAY, NOVEMBER 2

5:00 p.m.-6:30 p.m. Early Registration-

Beat tl,e Tlmrsday 1II0rllillg crowd

THURSDAY, NOVEMBER 3

7:00 a.m.-4:30 p.m. Registration

INTENSIVES

(additional fees for intensives)

8:30 a.m.-12:00 p.m.

INTENSIVE 1: Enforcing Your Client's Rights

under the FHA and RHS Loan Programs Gideoll Allders. Stl'l'CII SIJarl'c

8:30 a.m.-4:00 p.m.

INTENSIVE 2: Introduction to Representing

Srudent Loan Borrowers Dealllle LOO/lill. Geoff Wals".

Hertllllll De jesus. Hec1tIJer }11r1·is. JOS/JIIII COI'fll

8:30 a.m.-4:00 p.m.

INTENSIVE 3: Beyond Bankruptcy Basics

}lllIIcS Haller. Carol Kellller. David Ym. 1Iml TlI'olllt'J.}o/m Rao. GcoffW.lls/,

MAIN CONFERENCE

10:30 a.m.-ll:30 a.m.

A 1 : First Timers Session '10111 }I1II1CS. Mic"dle Wcillberg. 1rll RI,cillgold. WilI,,,,1 OgburII

A2: New Developments in Automobile Policy

jolm W. Vall AIst

11:30 a.m.-l:OO p.m.

Lunch on your own

1:00 p.m.-2:30 p.m.

B 1 : Introduction to Truth in Lending Finance Charge

and Mortgage Rescission Lormy Broll'lI. Karell IJ.ll'kes

82: Mortgage Rescue Fraud: From BFP to MARS and Beyond

Dalliel Ulldse)'. Alldr ... 1I' Pizor. V!lis/,aIi Rill'

B3: ABCs of Defending Debt Collection Suits

MiC/,dlc Wei,ll,erg. Allam'lrill Scgum. Petrr Hollalld

Consumer Rights I.itigatiun Conferen(" 2011 I 26-032

84: Telephone Consumer Protection Act: Scope and Remedies for Unwanted Contact

by Tclemarketers and Debt Collectors DllIhllci A. Yarbnlllgl" Kritl,.J. Keogl,.

MMtbl'lI' P. McClir

85: The New Low Income Bank Account: Prepaid Cards for Public Benefits

and Everything Else fAlI/reu SIII""I(rs. je,m AIIII Fox

B6: Class Action Roundtable Mic1Md P. Malilkoff

2:40 p.m.-4:00 p.m.

C1: State Mortgage Origination Claims: Pre- and Post- 2008 Litigation

Claims and Strategies Al Hofdcl. Margot Sl1IlIIdm

C2: TILA, HOEPA, RESPA Developments: A Regulatory and Case Update

1\ly5 Col,,:II. Nillil Simoll. KIIWI 1j,11,kt'5

C3: Turning Clients' Clunkers into Successful Claims

jolm Cole Gllylt'

C4: FCRA: Tenant, Employment, and ChexSystems Screening

jl1lncs Fmncis, Eric DII/III

C5: Holding Abusive Debt Collectors Accountable

jolm HWII1I1. jt/still B'lxtcr

4:10 p.m.-5:10 p.m.

D1: HAMP Overview St,'WII Sbarl'"

D2: Disparate Impact Claims in Mortgage Cases

Jvfac:ve Elise Broil'll. Al Hofdd. S,ml M'II1'lIIgl,

D3: Advising Clients on Alternatives to Bankruptcy

Michelle Weillberg

D4: Civil RICO for Consumer Advocates: It's Not Just for

Fighting Organized Crime! Irv Ackdsbcrg

D5: ABCs of the Fair Credit Reporting Act

Sylvi'l Goldsmith

I Consumer Rigills Litigarion Conference 2011

5:20 p.m.-6:20 p.m.

Opening Plenary To bl' 1IIIIIolllleed (set' 1\'1I'11'.lIclc.org)

6:40 p.m.-7:40 p.m.

Welcome Reception for Newcomers and Returnees

7:45 p.m.

Newcomers Dinner (by prearrangement)

FRIDAY, NOVEMBER 4

7:15 a.m.-8:00 a.m.

Java and Juice

8:00 a.m.-9:l0 a.m.

Plenary: Life After Concepcion F. Pill/I Bland,jr .• Deepak Gllpta

BREAKOUTS

9:25 a.m.-IO:25 a.m.

E1: New Bankruptcy Rules: Tools for Dealing with Mortgage and

Debt Buyer Claims jolm RllO

E2: Foreclosure on Reverse Mortgages )c11II COlISlilntille-Dlwis. Margot SlIIlIIders

E3: ABCs of Class Actions 1 Keitl, Ke(lgb. Aridle C(l/,ell, D,wi,l Pbilipps

26-033

E4: A Boatload of Ways to Fight Arbitration Clauses

in Individual Cases P.lU/ B/<lIlii

E5: New Developments in Auto Fraud Practice

Dalli Lib/olllg

10:35 a.m.-H:35 a.m.

F1: Strategies for Getting the Most for Clients Out of Foreclosure

Mediation/Conference Programs Geoff Walsl,

F2: ABCs of RESPA Mortgage Servicing T.mJ 1ivolllc:y.Jolm RolO

F3: ABCs of Auto Repossession Robert W. Mllrpby

F4: ABCs of Class Actions 2 Keitl, Keogb. Arid/e Col,eII. DOJllid PI,i/ipps

F5: FCRA Developments I: Case Law and Regulatory Updates

Ric1,llrd Rubill. CI,i CI,i Wu

F6: Understanding Rehabilitation and Consolidation: Getting Out of Default on Federal Student Loans

Dellllll" Loollill

11:45 a.m.-12:15 p.m.

Plenary 10 be '11111011'''''.1 (sec JIIJIIJII.llclc.org)

12:15 p.m.-2:00 p.m.

Networking Group Luncheons or Lunch on Your Own

or Minority Advocates Luncheon

BREAKOUTS

2:00 p.m.-3:15 p.m.

G1: ABCsofNon-TIL Federal Origination Claims

ElizoJbetl, C. Goodell

G2: HAMP Litigation Update Rcbdwl, Cook-Mllck

G3: FCRA Developments II: Latest Litigation Trends

Lcollllrd A. Bellllctt

G4: Recipes for Successful Auto Fraud Litigation

TlwltJclS DottJolloskc

G5: Payment Systems: Cell Phones, Remittances,

and More New Things Colt"y L,'sser Aromsficld. ArcJrgol Solllllders

G6: Getting Real Relief for Student Borrowers in

For-Profit School Litigation TI"'ItJcls H. Howlett. Deolll'lc Loollill.

IJoJl'ici Sugemlcltl

3:25 p.m.-4:25 p.m.

Hi: Addressing HAMP and Loan Modification Issues

When Borrower Is in Bankruptcy }obll RolO

H2: Winning Substantial Awards and PromotingJustice Through Aggressive Mortgage Litigation

}clSOIl Cwsc:y. Lylltl Drys.l,,/,·

H3: Ethical Issues in Representing New Clients

Domit'! Blillll. Briml Bromberg. Stepl"'11 Gardller

H4: Setting Up a Private Student Loan Law Practice:

Opportunities and Challenges }oslmoJ Colml. Hec1tl,er Jan'is

-----------------------REGISTRATION FEES

Main Conference (TJmrsday-Saturday)

Platinum Benefactor

Gold Benefactor

Standard Attorney

NACA Member 1

Nonprofit/Gov't

Early Regular (by 9/9/11)

$3000 $3000

$1000 $1000

$ 629 $ 775

$ 525 $ 665

$ 420 $ 455

1 NACA membership required for this rate. You must contact NACA by Oct. 3. 2011.

-----------------------Consumer Rights Litigation Conference 2011 III 26-034

H5: The Consumer Financial Protection Bureau: Four Months In

t.Wrt:l1 Smmders, G.,il Hilld"'III.1 (illt'ile.l)

H6: Revolutioni:e Your Practice with NCLC's Powerful Web Resources

JOII Sheldoll, SlwllwlI Halbrook

4:35 p.m.-5:I5 p.m.

Plenary To be 11I1110llllced (see wIIIIV.llclc.org)

5:30 p.m.-6:I5 p.m.

NACA-Annual Meeting, Media and Trial Advocacy Awards

6:45 p.m.

NACA/CRLC Party

SATURDAY, NOVEMBER 5

7:30 a.m.-8:30 a.m.

Java and Juice

8:30 a.m.-I0:00 a.m.

BREAKOUTS

11: State Innovations in Mortgage Servicing: The New York Example

and a National Roundtable Alys CoI,ell, Kirstell Keefe, ElizIlbt:tl, Lyllc"

12: Getting the Information You Need: Informal and Formal Mortgage Discovery

Mal Mllylilml, Megl,lln hlllX, Lili Sotdo

13: Successful Attorney Fee Recovery in Private Practice and Legal Services

Ll1IlCe Rapl,lld

14: Selecting and Preparing Expert Witnesses

Mllrgot Saunders, ROlhlld Burdge

15: Groundbreaking Medical Debt Litigation Alml Alop

10:10 a.m.-ll:I0 a.m.

"1: Problem Solving: Assignee Liability,Joint Venture,

and the HDC Defense KIllMecli Ellgel, Daniel Hedges

I Consumer Riglus Litigarion Conference 2011

"2: HAMP Problem-Solving: Dealing with Servicer Noncompliance

Lis., Sitkin, Jeffrey Gmus, Dimle Tholllpsoll

"3: Deposing and Defending Experts in Depositions

Mllrgot SllIlIIders, ROII,Ild Burdge

"4: New Fair Debt Collection Practices Act Developments

Ri,hllr.l Rul.ill, D.wi.l PI,ilipl's, Cathlwi COlIIl.s

"5: Internet and Tribal Payday Lending and Payday Updates

Jeml AIIII Fox, Norrllllll Googd

11:20 a.m.-12:20 p.m.

K 1: Who Owns the Note~ Moving Mortgages Through

the RMBS Structure Eliz.,bel/, Rellullrt, T.ml Jil'ollley

K2: By the Numbers: What Loan Modification Data Tells Us

Kevill Steill, AI,m WI,ite, Keitl, Ernst

K3: New Protections and Old Threats to Social Security, SSI, and Other Federal Payments

Laurell Sllullders, .Margot Saullders

"High degree of specialized knowledge by presenters and the opportunity to interact with colleagues from other states." ATTENDEE TALKS ABOUT PAST NCLC CONFERENCE

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K4: Concurrent Jurisdiction Issues: Removal, Remand, Rooker, Res Judicata, Abstention

Nillil Si"lIlII. Lormy BrowlI. D,lIIid E. Birkl,"t'IIs"r

K5: Expert Witness at Trial RO'1I11d Burdgl.'

12:30 p.m.-2:25 p.m.

NCLC Awards Luncheon Countryman Award Presentation (k"y"ou sp"Ilkl.'r to be IlIIIIolIIlCed,

s ...... JIIJIIJII."clc.org)

BREAKOUTS

2:35 p.m.-3150 p.m.

L 1: National Developments in Mortgage Servicing

Alys CO/)(~II. KlltlJleell K.:cst

L2: Debt and Taxes: 1099s and Other Tax Issues Arising from

Debt Reduction,Judgments, Settlements, and Attorney Fee Awards

EliZllb ... tI, Mart:sc'l

L3: Teeing Up Your FCRA Case for Trial 1m, LYIIgklip

L4: Preemption of State Laws: The New (and Old) Barnett Standard

1-IlIIren Siltlllll ... rs. A'ldrl'''' Pizor

L5: Collecting Consumers' Judgments Against Difficult Defendants

j\;ficlJild Killkl ... y. HIIII Aro"s. RO,lIlld Bllrdgl'

4:00 p.m.-6:00 p.m.

Plenary: Fighting Back Against the Big Business

Allison Zicv .... Melrk A. C/'I,vez. SlIsa" Salddoff. E Piltll B/'lII,l. jr.

and

Hot Coffee-an acclaimed documentary feature 6lm by Susan SaiadofF

6:30 p.m.-S:30 p.m.

Cocktail Reception for Consumer Class Action Symposium

7:30p.m.

Legal Services Reception

SUNDAY, NOVEMBER 6

7:00 a.m.-8:20 a.m.

Breakfast for Intensive Attendees Registration for Intensives

(ollly for t/'os ... who bllw II0t pre-r ... gistered)

INTENSIVES

8:00 a.m.-5:00 p.m.

INTENSIVE 4: Strategies for Representing

Consumer Debt Collection Defendants Micl,dle Wc;"b(·rg. jolm H·c'lim. jerry J.lrzombck. Mic/JI,ei Killklq. Amll1l11ril' S"gllm. Petl'r HolJ.md.

CJ.llldill \Vilner

S:30 a.m.-4:00 p.m.

INTENSIVE 5: Mortgage Servicing:

Troubleshooting and Litigation Kevi" Byers. jeffrey N. Col'lllt. Tcml 1i(·omey.

Nfargot Smmcicrs

INTENSIVE 6: Consumer Class Action Symposium

Stllilrt ROSSI/III". C/,arles Ddballm. Aridl ... CO/'''II

TIPS ON COURSES BEGINNER COURSES:

Al B3 03 D5 F3 H6 INTRODUCTORY COURSES

ON MORTGAGE FORECLOSURE:

Bl Cl 01 El F1 F2 GI HIIlJI L1 OTHER

INTRODUCTORY COURSES:

B2 84 85 C3 C4 H5 15J5 PRACTICE COURSES:

C5 04 E3 E4 H4 H6 J3 14J3 K3 K4 K5 L2 L3 L4 L5

Consum~r Rigills Litigation Conference 2011 II

-

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..cONiUMER RiGHTS

LITIGATION CONFERENCE

CHICAGO HOST COMMITTEE

Thanks to our hardworking Chicago Host Committee, this year's conference will be one of our very best! Led by David Philipps, a group of Chicago.area attorneys has helped identify net­working sites. secure top' notch speakers. and provide generous financial support for the con­ference. We know a Chicago conference would not be the same without their participation.

We are very grateful to the Chicago Host Committee members: David Philipps. Mary Philipps. Keith Keogh. Daniel Lindsey, Michelle Weinberg. Lance Raphael.James Shedden. Stacy Bardo. Craig Shapiro, Cathleen Combs and Daniel Edelman.

HOTEL SIT);: llle Fairmont Chicago. Millenniulll Park Hotd at 200 f\orth Columbus Drive is near attractions such as the Art Institute. Na\'}' Pier. the Magnificent Mile. famous ja:::o: dubs, and mouthwatering deep. dish pi=. It is also surrounded by many shops and a variety of restaurants and is within a IS·minute walk !Tom the Red. Orange. and Blue Train Lines.

RATES: Rooms in the luxurious Fairmont Chicago. Millennium Park Hotd are available at a reduced NCLC conference rate of$179/ niglu (single or double) for conference attendees. Be sure ro refer to "National Consumer Law Center

N

to get the low group rate.

Reserve early! Rooms arc limited. We encourage you to make your reservations as soon as possible. llle number of reduced-rate rooms is limited and available on a first-come. first-serve basis. with all reservations after October 10. 2011 at the hotel's non-discounted regular rate. Reservations can be made direcdy with the Fairmont Chicago at 888-870-6664. You can also reserve a room at the special NCLC rate directly with the hotel through a link on our conference webpage at www.ndc.org.

TRANSPORTATION FLY:

The Fairmont Chicago. Millennium Park Hotel is cOll\'enienrly located for easy access to the Chicago O'Hare International Airport (ORO) and Chicago Midway International Airport (MOW). Transportation

III Consumer Rights Litigation Conference 2011

information about gerting fTom the airports to the hotd is posted on our websitc or visit www.transitchicago.com for more details.

TRAIN. Bus OR CAR: The Greyhound Bus Terminal is located just a few minutes from the hotd. -nle AMTRAK Train Station is tWO miles from the hotel.

Driving directions and parking information have been posted to our website if you plan on arriving by car.

CITI' TRANSPORTATION: Chicago's" L" public transit system is an affordable and effective way to move around the cir~\ A one-way ticket is $2.25 per ride

CLE CREDITS State CLE rules vary greariy. but up to 18.2 hours may be available in 60-minute states and up to 21.8 hours in 50-minute states. Additional credit may be available for the intensives and Symposium. Ethics credits are possible for the course H3 in some states. CLE credit cannot be guaranreed by NCLC. Registrants may be required to file their own requests to their state CLE ollice. For additional information. e-mail Jessica Hiemenz at [email protected].

NATIONAL ASSOCIATION OF CONSUMER ADVOCATES In order to get the NACA confcrence rate. you must be a member ofNACA. To apply for membership. please go to www.naca.net and submit your application to them by October 3. 2011.

NACA's 17th annual meeting will be held during the conference on Friday evening along with a party at the hotel. open to all. details to follow. For more infornlation see www.naca.net.or call NACA at 202452-1989; or visit the conference website at www.ndc.org.

SCHOLARSHIPS A limited number of partial scholarships to cover registration fees arc available from NCLC for non­profit and legal services advocates and a.~sistant artorne),s general. Scholarship applicants will find more infor­mation and the application on our conference website at www.ndc.org. The application includes a statement of your financial needs, how you or your program will add to the diversity of the conference. and the benefits you expect to provide to low-income consumers as a result of attendance. Deadline to apply is August 12. 2011. For additional information email Jessica Hiemenz at [email protected]. Be sure to include your full name. job tirie. organization. address. phone. and email.

PRESS AND RECORDING POLICY Conference proceedings are off the record and for background only. The speaker's permission for quotes must be confirmed after each session. Electronic recording of sessions is prohibited.

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CONFERENCE EXHI BITORS A ND SPONSORS WELCOME! r-or information on ~ho\VCOl.sing )'our services through exhihit and sponsorship opponuniTics. contoK{ uun:n MahonC)' aT 617·542·8010 or Inuhone),@nclc.org.

DONATE TO THE CONFERENCE SCHOLARSHIPS FUND Ltg:lI st:rviCC'$ anomC)'S an:on the fmnr Hnes of marlt.:r· pia( ~buses. working \Vith consumers who arc mOl! in jcopm1r. NO\!.·. mon: Ih.m c,"cr. thcscaTTomC)'S need thc tnining and information al'ailahlc at this (Onfunl~ m

prQ\'idc cuITing nlge :l.5.Sist:lncc to Ihdr diems in di~In:ss.

Funding curs for legal un'ices progr::ll1ls h:l\'e pur sc' \'crc limi ts on I' rogr:un resourccs. and m~")' who would like 10 anend cannOt 'lifoI'd Ihis conference. You (:111 help b), donaling to NCLC's scholarship fund. Add. a gift to )'Our confcn:na: registntion orcdl Gerald Tuckman at 617·542·8010 and \\,c'lImak" sun: )'our donation helps a legal services anornc), anend rhis \'er')' wonhwhilc confcrence .

• •

, \f,,,, ... , I'ril~krr " .... ,/jao, •• /r<jK",./I.y "r,,,,k Grl,')'. lklo,,~ C''''~g<> Sky/mt. l'hoc,," by cn.., R .... J>1 .... <>t; ... rhr.

COMPLETE YOUR REGISTRATION

Register onl ine at www. nclc.org

NI!lkc yotl r rtgiJlr, {fiOlI fil5l mill (,uy! Skip the paperwork and s';l\'e a STamp b)' registering online. If rou arc nOI ablc to regisTer online. )'Ou em

download a «"Sistr:lrion Conn ro fill our al www.nclc.organd email. fax. or tn3il il ro NCLC:

CRLC. National Consumer Law Celller 7 Winthrop Squ~rc. 4dl Floor. BO$ron. ;"'IA 02110

Fax: 6 17·542·8028

CI,ulu s'Jlmlif /Ie ,I"Y'IMc to til( N'l/ioll'" COIIJmllrr Lnll' Crmcr.

AUGUST 12,2011 • Deadline for schollllrihip application SEI)TEMB ER 9, 2011. Deotdline for reduced confe rence registration rate o c r OBER 3, 201 1 • Dead line to appl)' for a NACA m embers h ip

OCTOBER 10,2011 • Deadline fnr reduced hOlel room rru e (s tlppl)' lim ited )

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1 Wlf'..'THROP SQUARE. 4TH FJ.OOR llOSTON.~'IA02 11 0· 1 2'I S

NCLC NATIONAL

CONSUMER

LAW

C E N T E R'

Advancing Faim~

In !lie Marllelplace fOI All

Pl cna~r Silcakcrs mdudc:

Allison M. Zic,·c Dirrrt<lr of P,,/!/;r CiUUII Lmg,Hu)11 Grolll' ml</ of til<' GWUII$ S"I,mllr Court Au iJt.mu ProJrrI

Dct!,:!k Gupt:! us. Com"",rr FiIl.l)!r;,,1 Pml«I;PII B"rr"l1

Ma~k A. Chal·c::. Ch~"r: & Grr/frr U .. J>

F. P~II[ Bbnd,Jr. Sl<Iff ArtMllq fir 1'1I1>/i( )IHI;(I'

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Chicago 20th Annual

www.NCLC.org Am . .s ...... of iN N..., """ •. 1 ...... 0 by t;.,ur JU... I ...... op->ph),.

Nonprofit Org.

US POSTAGE PAID

8oslon, MA

Permit No. 57091

26-039