Bankruptcy News Briefs

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Study: American Household Credit Card Debt Reaches Record Amount

Consumer Borrowing Rates Slow in October

CFPB Takes Action Against Reverse Mortgagees

Attorney Collecting Debt For A Debt Collector May Not Rely On Client’s Validation Notice

Post-Spokeo Standing and Fair Debt Collection Practices Act

Ohio Supreme Court Finds That An Action At Law On A Promissory Note To Collect A Mortgage Debt Is Separate And Distinct From An Action In Equity To Enforce A Mortgage Lien On Property

Upcoming NACBA Events

2016 VIRTUAL BANKRUPTCY WORKSHOP

A two (2) day overview of cutting edge consumer bankruptcy education in a virtual format presented by some of the top bankruptcy experts in the United States.

DATES: Friday, December 9, 2016 & Friday, December 16, 2016

TIMES:
Friday, December 9: 12:00 PM – 3:30 PM EASTERN and
Friday, December 16: 12:00 PM – 3:00 PM EASTERN

Schedule conflict? No worries at all.
Register by 12/8/16 and the recordings will be emailed to you upon request.


COST:
$99 NACBA Members, $199 Non Members

INCLUDES:
All Materials, Certificate of Attendance, Seminar Recordings, Live Q&A

REGISTER HERE

NACBA Webinars Web Banner (1)

Give yourself a gift and register for December’s Webinar!

Growing Your Bankruptcy Practice in 2017 and Beyond

Date: Wednesday, December 14, 2016
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 minutes)
Presenter: Richard James, CEO, Office of Richard James
Cost: No Cost to NACBA Members – Member Benefit

Register HERE

If you want to build a law firm that supports your lifestyle, instead of undermining it, then join Richard James on Wednesday, December 14th at 3 PM ET. If you want 2017 to be the year that you finally build the law firm of your dreams, then you have to be on this webinar training. Learn the key strategies that hundreds of Richard James’ clients are using to grow like never before. This is real world, in the trenches advice you can put to practice right away.

Celebrate 25 Years of NACBA!

2016 Virtual Bankruptcy Workshop Session Highlight

2016-virtual

Friday, December 9th

2:30 PM – 3:30 PM ET

Find a Treasure Trove of Consumer Law Violations in your Bankruptcy Treasure Chest: Fair Debt, Credit Reporting, Telephone Consumer Protection Act. Booty awaits!

Presented by: Cary Flitter, Esq.

Consumer law violations are common problems for debtors and can be filed in bankruptcy court or district court. Most provide statutory attorney fees. Philadelphia consumer lawyer Cary Flitter will help you to triage your cases.

About Our Presenter:

avatar for Cary Flitter

Cary L. Flitter

Cary L. Flitter practices consumer law with Flitter Milz, P.C. located in suburban Philadelphia and New Jersey. Cary serves on the adjunct faculty at Temple University Beasley School of Law in Philadelphia and Widener University School of Law in Wilmington, Delaware, where he teaches Consumer Law and Litigation including Fair Credit Reporting, Fair Debt Collection, and class action. He has guest lectured on consumer law issues at Harvard Law School, The University of Pennsylvania Law School, and other venues. Flitter is a contributing author to Pennsylvania Consumer Law by Bisel Publishing Co. This is the leading treatise in Pennsylvania on consumer law. He is also a contributor to Consumer Class Actions 5th Ed. by the National Consumer Law Center. Cary was invited by the Federal Trade Commission to participate in workshops on Collection of Consumer Debt. Cary’s consumer cases in the Court of Appeals include Brown v. Card Service Center, 464 F.3d 450 (3d Cir. 2006) (seminal circuit case on deception under FDCPA); Rosenau v. Unifund, 539 F.3d 218 (3d Cir. 2008) (successful challenge to phony “legal department” in dunning letter); Cappuccio v. Prime Capital, 549 F.3d 180 (3d Cir. 2011) (first impression holding that borrower’s testimony alone may be sufficient to rebut presumption of receipt of TILA disclosures); Gager v. Dell Fin. Serv., LLC, 727 F.3d 265 (3d Cir. 2013) (holding, in first impression, that consent to receive cellphone calls is revocable under Telephone Consumer Protection Act) and Douglass v. Convergent Outsourcing, 765 F.3d 299 (3d Cir. 2014) (holding, in first impression, that placing the consumer’s account number on collection envelope violates privacy provisions of FDCPA) Cary is the recipient of multiple pro bono awards for his work on behalf of low-income consumers and serves as the 2016 Co-Chair of the Federal Courts committee of the Montgomery (County, Pa.) Bar Association.

Register Today!

Bankruptcy News Briefs 12/8

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Breaking News: Second Circuit Court of Appeals Denies Request for Interlocutory Appeal in FDCPA Voice Message Case

Group of 10 Consumer Advocates File Amicus Brief in Case on Constitutionality of CFPB

2nd Cir. Rules Successful Offer of Judgment Mooted TCPA Putative Class Action

Fasten Your Seatbelts For The Case Of This Mafia-Style Consumer Litigation Operation

TCPA Case Allowed to Proceed, But Not as Class Action

FCC Denies MBA’s Petition to Exempt ‘Servicing Calls’ from TCPA

Federal Judge Determines That 18 Calls Over Two-Week Period Does Not Violate FDCPA

CFPB Projects “Prerule” Activities for the Debt Collection Rulemaking to Continue Through February 2017

Nevada Personal Injury Exemption Applies on a Per-Claim Basis

CFPB fines three reverse mortgage lenders over deceptive advertising

CFPB on Collision Course with Trump’s Justice Department

New Jersey Will Forgive Student-Loan Debt of Dead Borrowers

Federal Appellate Court Rules That Post-Acceleration Payment in Bankruptcy Constitutes Optional Redemption

Upcoming NACBA Events

2016 VIRTUAL BANKRUPTCY WORKSHOP

A two (2) day overview of cutting edge consumer bankruptcy education in a virtual format presented by some of the top bankruptcy experts in the United States.

DATES: Friday, December 9, 2016 & Friday, December 16, 2016

TIMES:
Friday, December 9: 12:00 PM – 3:30 PM EASTERN and
Friday, December 16: 12:00 PM – 3:00 PM EASTERN

Schedule conflict? No worries at all.
Register by 12/8/16 and the recordings will be emailed to you upon request.


COST:
$99 NACBA Members, $199 Non Members

INCLUDES:
All Materials, Certificate of Attendance, Seminar Recordings, Live Q&A

REGISTER HERE

NACBA Webinars Web Banner (1)

Give yourself a gift and register for December’s Webinar!

Growing Your Bankruptcy Practice in 2017 and Beyond

Date: Wednesday, December 14, 2016
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 minutes)
Presenter: Richard James, CEO, Office of Richard James
Cost: No Cost to NACBA Members – Member Benefit

Register HERE

If you want to build a law firm that supports your lifestyle, instead of undermining it, then join Richard James on Wednesday, December 14th at 3 PM ET. If you want 2017 to be the year that you finally build the law firm of your dreams, then you have to be on this webinar training. Learn the key strategies that hundreds of Richard James’ clients are using to grow like never before. This is real world, in the trenches advice you can put to practice right away.

Celebrate 25 Years of NACBA!

Save the Date for NACBA’s Silver Anniversary Annual Convention

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

Interested in Sponsorship Opportunities at #NACBA25? Check out the Prospectus and join us in 2017!

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

2016 Virtual Bankruptcy Workshop Session Highlight!

2016

Friday, December 9, 2016

1:30 PM-2:30 PM ET

Dry Docking Aggressive Trustees: Getting the Overreaching Chapter 7 Trustee Out of the Water and on to the Shore!

Presented by:

Richard H. Nemeth, Esq. & Paul Maschmeyer Esq.

Are your clients being subject to out of line requests and turnover actions by overbearing Trustees? Richard Nemeth and Paul Maschmeyer  will discuss methods of dealing with these actions including responding to information requests, use of extensions of time to object to requests by the Trustee and how to use the political system to help your client. Learn how to defend turnover of mass tort awards and college tuition fraudulent conveyance litigation, and how to exclude inherited IRA from property of the estate (In re Clark). Stop requests to turn over convenience accounts and use secured creditor carve outs to help your client, not hurt them, and much more.

About Our Presenters:

avatar for Paul Maschmeyer

Paul Maschmeyer
Mr. Maschmeyer is a Shareholder/Director of Maschmeyer Karalis P.C. This firm limits its practice to Bankruptcy, Corporate, Corporate Reorganization, Litigation, Insolvency,Creditors’ Rights and Real Estate Law. Mr. Maschmeyer has represented trustees in many bankruptcy liquidations, official creditors’ committees and debtors in numerous Chapter 11 reorganizations.Mr. Maschmeyer is a member of the Philadelphia and Pennsylvania Bar Associations, the Eastern District of Pennsylvania Bankruptcy Conference, the American Bankruptcy Institute and the National Association of Bankruptcy Trustees. He is a member of the Board of Directors of the Consumer Bankruptcy Assistance Project.In addition to holding an AV® rating from Martindale-Hubbell, Mr. Maschmeyer is certified as a Business Bankruptcy Law Specialist by the American Bankruptcy Board of Certification and an author of Colliers Handbook for Trustees and Debtors-in- Possession. He is recognized by Philadelphia Magazine as a Pennsylvania Super Lawyer in the practice area of Bankruptcy and Creditor/Debtor Rights.

avatar for Richard Nemeth

Richard Nemeth
Mr. Nemeth is a consumer and small business bankruptcy practitioner and litigator in Cleveland, Ohio and the ND Ohio state chair for NACBA. He has been practicing bankruptcy law in Cleveland for over 25 years.In July, 2008, Mr. Nemeth was named NACBA Member of the Month for spearheading a successful effort to get the Ohio legislature to adopt a new and far more consumer-friendly exemption statute. Mr. Nemeth is a frequent speaker at local, regional and national continuing legal education seminars, and is often asked by reporters to comment on consumer issues for local and national media publications. He has been involved in a considerable amount of consumer litigation, representing borrowers against lenders, mortgage brokers, servicers, collection agencies and their law firms in stay and discharge violation, breach, fraud, civil conspiracy, truth-in-lending, RESPA, FDCPA and other matters in which he has won substantial awards for his clients.
Mr. Nemeth is a graduate of Case Western Reserve University and the Cleveland-Marshall College of Law.

Register Today!

2016 Virtual Bankruptcy Workshop Session Highlight!

2016-virtual

Friday, December 9th

12:30 PM-1:30 PM ET

Even Cruisers Have Fears: Getting Over Your Triskaidekaphobia! Straight talk about Chapter 13
Presented by: Hank Hildebrand Esq. & John Rao, Esq.

Learn how to build a Chapter 13 practice. Plus learn recent developments in Chapter 13, creative uses of chapter 13 plans and creative plan terms, how to successfully litigate confirmation issues, when to challenge your Trustee and more.

More About the Presenters

avatar for Hank Hildebrand

Hank Hildebrand
Mr. Hildebrand has served as Standing Trustee for Chapter 13 matters in the Middle District of Tennessee since 1982 and as Standing Chapter 12 Trustee for that district since 1986. He also is of counsel to the Nashville law firm of Farmer, Purcell, White and Lassiter, PLLC. Mr. Hildebrand graduated from Vanderbilt University and received his J.D. from the National Law Center of George Washington University. He is a fellow of the American College of Bankruptcy and serves on its Education Committee. He is Board Certified in consumer bankruptcy law by the American Board of Certification. He is Chairman of the Legislative and Legal Affairs Committee for the National Association of Chapter 13 Trustees (NACTT). In addition, he is on the Board of Directors for the NACTT Academy for Consumer Bankruptcy Education, Inc. Mr. Hildebrand has served as case notes author for The Quarterly, a newsletter dealing with consumer bankruptcy issues and Chapter 13 practice in particular, since 1991. He is a regular contributor to the American Bankruptcy Institute Journal. He is an adjunct faculty member for the Nashville School of Law and St. Johns University School of Law.

avatar for John Rao

John Rao

John Rao is an attorney with the National Consumer Law Center, Inc. Mr. Rao focuses on consumer credit and bankruptcy issues and has served as a panelist and instructor at numerous bankruptcy and consumer law trainings and conferences. He has served as an expert witness in court cases and has testified in Congress on consumer matters. Mr. Rao is a contributing author and editor of NCLC’s Consumer Bankruptcy Law and Practice; co-author of NCLC’s Foreclosures; Bankruptcy Basics; Guide to Surviving Debt; and NCLC Reports: Bankruptcy and Foreclosures Edition, and contributing author to NCLC’s Student Loan Law. He is also a contributing author to Collier on Bankruptcy and the Collier Bankruptcy Practice Guide. Mr. Rao serves as a member of the federal Judicial Conference Advisory Committee on Bankruptcy Rules, appointed by Chief Justice John Roberts in 2006. He is a conferee of the National Bankruptcy Conference, fellow of the American College of Bankruptcy, vice-president for the National Association of Consumer Bankruptcy Attorneys, and former board member for the American Bankruptcy Institute. He is an adjunct faculty member at Boston College School of Law. Mr. Rao is a graduate of Boston University and received his J.D. in 1982 from the University of California (Hastings)

Register Today!

Washington Update VIII

This is the latest issue of our weekly update from Washington, designed to keep NACBA members informed about significant and relevant activity on the part of Congress, regulatory agencies and interest groups/think tanks.  Feedback should be directed to Maureen Thompson.

Obviously, the big news out of Washington is the election results.  NACBA members who joined us for the November 18 webinar, “The 2016 Election: What Now?,” heard NACBA leaders and our representatives in Washington answer the questions about what to expect in 2017 from the Administration, Congress and the courts.  We are planning to issue a special repot next week after President-Elect Trump announces his full roster of cabinet picks.  We will focus not only on what to expect from the White House come January, but also the key agencies of interest to NACBA: Department of Justice, Consumer Financial Protection Bureau, and the Department of Education, as well as the leadership and key committees in Congress.

Continue reading for non-election news out of Washington this week.

ON THE HILL Congress remains focused on Wells Fargo.  Senator Sherrod Brown (D-OH) – ranking member on the Senate Banking Committee – and Representative Brad Sherman (D-CA)– a member of the House Financial Services Committee – introduced legislation that will give Wells Fargo customers who were victims of a fraudulent account scheme their day in court. Wells Fargo is using the forced arbitration clauses it tucked away in the fine print of contracts customers signed when they opened legitimate accounts to block them from suing over the fraudulent accounts.  Read more about the bill here.

Senator Mike Enzi (R-WY), chairman of the Senate Budget Committee reacted to a General Accountability Office (GAO) report on the cost of Department of Education’s Income Driven Repayment (IDR) plans for student loans (see “In the Agencies) by harshly criticizing the Department, which is responsible for calculating the cost of the program.  “This Administration has been manipulating the terms of the student loan program without the consent of Congress, while shirking its statutory duty to carefully assess the cost impact of those changes,” Enzi said in a statement. “It will be crucial to consider updates to the Federal Credit Reform Act because Congress is not receiving credible, transparent cost data under the existing statute, as this report suggests.”

A group of 21 current and former members of Congress filed an amicus brief in support of the Consumer Financial Protection Bureau’s (CFPB) petition filed with the D.C. Circuit seeking a rehearing of its decision in CFPB v PHH Corporation.  Read the brief here.

IN THE AGENCIES The Government Accountability Office (GAO) released a report critical of the Department of Education’s approach to estimating the cost of income-based student loan repayment plans, which allow borrowers to make student loan payments based on how much they make.  According to the GAO report, these plans will cost more than twice as much as the Education Department expected them to.  The Education Department’s approach to estimating the costs of the repayment plan “do not ensure reliable budget estimates,” the GAO report says.   You can read the report here.

The Education Department responded to the GAO report, saying it “generally concurs” with the findings, but noted that “the decisions made (and critiqued in this report) were based on existing staff and systems resources available, assessed impact, and consideration for conservatism.”  “The lifecycle of a student loan is exceedingly complex, with a multitude of projection paths and outcomes,” the department’s response said. “Estimating the federal cost of student loans is a task we take very seriously, and we are constantly seeking to enhance and refine our cost estimation models.”

On November 18, the CFPB petitioned the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) for an en banc review of PHH v. CFPB. The petition, which was expected, argues that this case represents “what may be the most important separation-of-powers case in a generation.” You can read the petition here.

More from the CFPB… the CFPB has taken action against B&B Pawnbrokers, Inc. for deceiving consumers about the actual annual cost of its loans. In a lawsuit filed in federal court, the CFPB alleged that B&B Pawnbrokers broke the law by misstating the charges associated with pawn loans. The CFPB’s lawsuit seeks to end B&B Pawnbrokers’ illegal practices, get restitution for the consumers it harmed, and impose penalties. You can read the lawsuit here.

In good news for consumers, the Internal Revenue Service (IRS) aims to include as many homeowners as possible in a taxable-income exclusion set to expire at the end of the year.

According to Notice 2016-72, the IRS will accept debt reduction modifications as long as the borrower receives a trial offer by the sunset of the Home Affordable Modification Program, set for Dec. 30, 2016. The program was created to encourage banks to lower monthly mortgage payments to help homeowners stave off foreclosure after the subprime mortgage crisis.  “This is trying to capture as many people as possible in the folks that can benefit from that tax assistance,” Sarah Bolling Mancini, of counsel at the National Consumer Law Center Inc., told Bloomberg BNA Nov. 28.

The IRS guidance focuses on the programs that allow homeowners to reduce the principal balance on their loans, not programs that just reduce interest rates or stretch repayment terms, Mancini said.  Homeowners must receive a trial period plan from their bank before Jan. 1, 2017, but don’t need to complete the plan or enter into a permanent version before the deadline, the IRS said. Typically, a bank will send out a letter saying a homeowner is approved for a trial plan, and the homeowner must then make a trial payment for the next three months before a permanent version will be offered, Mancini said.

FROM THE INTEREST GROUPS A group of 10 consumer advocacy organizations has also filed an amicus brief in support of the Consumer Financial Protection Bureau’s (CFPB) petition filed with the D.C. Circuit seeking a rehearing of its decision in CFPB v PHH Corporation.  Read the brief here.

OTHER For easy access, here is a link to the CFPB Ombudsman’s webpage. There you will find their 2016 Annual Report, which you may find informational as well as a useful as a resource.

Bankruptcy News Briefs 12/5

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Credit Cards, Auto and Student Loans Cause ‘Modest’ Increase in Household Debt

NACBA Takes On 11th Circuit Judicial Estoppel Doctrine

Consumer and Small Business Advocates Oppose OCC’s Plan to Offer Fintech Lending Charters

Advocates Applaud Bill to Give Fake Account Victims Their Day in Court

CFPB Issues Fact Sheet on Prepaid Card Rule Effective Dates

Reporting Medical Debt, Consumer Driven Health Plans and more in December Pulse

Class-action lawsuit against Nebraska debt collector settled for $198K

Ninth Circuit finds foreclosure trustee isn’t debt collector under federal law

What’s In A Barcode?: District Court In Eleventh Circuit Adopts Benign Language Exception For Debtor’s Account Number

FCC Reiterates Its Position that Robotexts are Subject to TCPA

Creditors Committees’ Members May Not Be Sued Absent Bankruptcy Court’s Permission

Bankruptcy When You Are on Disability

From Federal Procedure Rules to State Bar Association Rules —Lawyers Need Tech Skills to Remain Competent

Long Anticipated Bankruptcy Law Goes Into Effect

Upcoming NACBA Events

2016 VIRTUAL BANKRUPTCY WORKSHOP

A two (2) day overview of cutting edge consumer bankruptcy education in a virtual format presented by some of the top bankruptcy experts in the United States.

DATES: Friday, December 9, 2016 & Friday, December 16, 2016

TIMES:
Friday, December 9: 12:00 PM – 3:30 PM EASTERN and
Friday, December 16: 12:00 PM – 3:00 PM EASTERN

Schedule conflict? No worries at all.
Register by 12/8/16 and the recordings will be emailed to you upon request.


COST:
$99 NACBA Members, $199 Non Members

INCLUDES:
All Materials, Certificate of Attendance, Seminar Recordings, Live Q&A

REGISTER HERE

NACBA Webinars Web Banner (1)

Give yourself a gift and register for December’s Webinar!

Growing Your Bankruptcy Practice in 2017 and Beyond

Date: Wednesday, December 14, 2016
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 minutes)
Presenter: Richard James, CEO, Office of Richard James
Cost: No Cost to NACBA Members – Member Benefit

Register HERE

If you want to build a law firm that supports your lifestyle, instead of undermining it, then join Richard James on Wednesday, December 14th at 3 PM ET. If you want 2017 to be the year that you finally build the law firm of your dreams, then you have to be on this webinar training. Learn the key strategies that hundreds of Richard James’ clients are using to grow like never before. This is real world, in the trenches advice you can put to practice right away.

Celebrate 25 Years of NACBA!

Save the Date for NACBA’s Silver Anniversary Annual Convention

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

Interested in Sponsorship Opportunities at #NACBA25? Check out the Prospectus and join us in 2017!

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!