Bankruptcy News Briefs- 3/20

Today’s consumer and bankruptcy headlines read…

Georgia Bankruptcy Court Reviews Case Split on Bases to Amend Plan Under 1329 (Subtitle: When the Original Plan was Confirmed with Inclusion of SSI Benefits, Can the Debtor Later Amend the Plan to Remove That Contribution?)

White House proposes caps on student loan borrowing

Advocacy group director calls student debt a ‘crisis’ for economy

CFPB’s Upcoming Debt Collection Proposed Rule: What to Expect on Timing

FDCPA Violation Contrived by Consumer and Attorney? Doesn’t Matter, N.D. Ill. Refuses to Find an “Unclean Hands” Defense for Debt Collector

California opposes efforts by Trump administration to delay protections from payday lenders

HPA Compliance Is Back in the CFPB’s Crosshairs

DON’T MISS NACBA’S UPCOMING MARCH WEBINARS!

3002.1 A Mortgage Odyssey Workshop
Date: Thursday, March 21 AND Friday March 22, 2019
Time: 3:00 PM EST to 6:00 PM EST – BOTH DAYS
Cost: $99 Member / $149 Non Member
Presenters: Marc Dann, Esq., John Rao, Esq., Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The Panel will discuss:

1) Introduction to 3002.1
a. Requirements for lenders
b. Forms that must be used
c. Information that must be disclosed
d. Changes to 3002.1 effective December 1, 2018

2) Use of 3002.1 in bankruptcy court to challenge fees and payment changes
a. Example cases and briefs
b. Results for clients and
c. Attorneys fees for debtor’s counsel

3) Use of 3002.1 along with other rules (e.g. Reg X) to bring suits against mortgage companies outside of bankruptcy court.
a. FDCPA
b. FCRA
c. TILA
d. RESPA

Why You Should Attend: You want to earn additional attorneys fees reviewing all of those mortgage payment changes. Join our panel to find out how.

Ditech Chapter 11 Filing: The Good, the Bad, the Ugly, and the Really Ugly
Date: March 28, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: FREE for NACBA Members / $45 Non Member
Presenters: Tara Twomey, Esq., O. Max Gardner, Esq. and James Haller Esq.
Register HERE

Why You Should Attend:

Any consumer lawyer with any type of claim or issue involving mortgage servicing by Ditech or any Ditech Entities must learn the new signs along the Chapter 11 highway. This webinar is geared to attorneys of all levels who file bankruptcy and mortgage servicing cases.

What You Will Learn:

  • When and where Ditech filed Chapter 11, and what entities were included in filing
  • How to address automatic stay and claims against Ditech
  • What is allowed and not allowed regarding partial relief from stay
  • Who must file proof of claim, where these claims should be filed, and the bar date for filing
  • Whether you can object to Proof of Claim by Ditech in your bankruptcy case
  • Whether Ditech can foreclose post-filing of the Chapter 11 and file a Motion for Relief from stay post filing
  • Whether you can send requests for information (RFIs) and notices of error (NOEs) NOEs to Ditech under RESPA and Reg X, file counter-claims, complaints, or adversary proceedings re Ditech, and claim right of set-off or recoupment in client’s Proof of Claim

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