Author: cherewill

Bankruptcy News Briefs 9/25

New Week…New Headlines…

CFPB Action Against Equifax Imminent

Overshadowed and Contradicted: Third Circuit Rules Second Demand Letter Violated FDCPA’s “Validation Notice” Requirement

On Anniversary of 7th Amendment, More than 400 Professors in All 50 States Urge Congress Not to Take Away Our Day in Court

Student loan debt doesn’t just hurt students. It hurts the U.S. economy, too

Report: Unaccountable CFPB Regulators Do More Harm than Good for Consumers

House Financial Services says CFPB failed to adequately investigate Wells Fargo in fraud case

Update on The CFPB’s Enforcement Case against Ocwen Financial Corporation

Equitable Mootness Doctrine Persists in Bankruptcy Appeals

Is the CFPB’s Regulatory Power Limited?

NACBA’s 2017 Hill Day!

NACBA is excited for 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

NACBA Membership Promotion! 

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Register for NACBA’s October Webinar!

Top 10 Ways to Drastically Increase Lead Conversion

DATE: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
PRESENTED BY: Stephen Fairley, Founder & CEO of The Rainmaker Institute
COST:  Member Benefit – No Cost for NACBA Members
REGISTER: HERE

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!
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Bankruptcy News Briefs 9/22

Kicking Off Friday With New Headlines…

CFPB Issues Small Entity Compliance Guide on Arbitration Rule

A Closer Look at CFPB Action v. National Collegiate Student Loan Trusts and Transworld Systems – What Does it Mean to the ARM Industry?

Court Rules Verification Docs Fulfill “Least Sophisticated Consumer” Standard

Hurricane Hardships Should Be Weighed in Bankruptcy Filings

5th Cir. Holds Threat of Lawsuit to Collect Partially Time-Barred Debt Did Not Violate FDCPA

Attorney Fees Paid Out of Undistributed Funds

Creditor Failed to Prove Fraud by Debtor Who Negotiated a “Live Check” that Creditor Sent Him a Few Months Before He Filed Bankruptcy

Hurricane Maria: Will Bankruptcy, Not Storm Damage, Devastate Puerto Rico?

Bankruptcy Doesn’t Stop Uninsured Motorist Claim Against Insurer

Private School Tuition Not Subject to Clawback

CFPB: Final Ruling on Home Mortgage Disclosure Act

Federal Court Takes Expansive View of CFPB Statute of Limitations, Limits Restitution

Northern District Of Illinois Rules For Debt Collector On Challenge To 1099-C Language

RPT-Equifax under pressure from banks to shape up

Today is the Deadline to Register for NACBA’s 2017 Hill Day!

Don’t miss NACBA’s 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

Please sign into your NACBA Member Account to Register now for Hill Day at Home!

NACBA Membership Promotion! 

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Upcoming Webinars!

Top 10 Ways to Drastically Increase Lead Conversion

DATE: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
PRESENTED BY: Stephen Fairley, Founder & CEO of The Rainmaker Institute
COST:  Member Benefit – No Cost for NACBA Members
REGISTER: HERE

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 9/21

Take A Moment to Dive Into Thursday’s Headlines…

The United States Could Not claim Sovereign Immunity in Debtors’ Adversary Proceeding to Retain their Tax Refund

This First-Party Thing is Heating Up

Court Rules “Reply-by” Date Falling Outside 30-day Validation Notice Not a FDCPA Violation

Final Isn’t Necessarily Final if CFPB Payday Rule Released

Liens and Judgments Data: Not Gone for Good

Judicial Estoppel Defense in Bankruptcy Claims Likely to Get More Difficult

Credit Card Delinquencies Starting To Inch Up Again In The US

Why the United States was wide open to a disaster like Equifax

Student debt is delaying millennial homeownership by seven years

High Anxiety As First Student Loan Forgiveness Program ‘Graduates’ Await Relief This October

Register for NACBA’s 2017 Hill Day!

Don’t miss NACBA’s 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

Please sign into your NACBA Member Account to Register now for Hill Day at Home!

DEADLINE TO REGISTER FOR NACBA’S HILL DAY IS FRIDAY, SEPTEMBER 22, 2017

NACBA Membership Promotion! 

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Upcoming Webinars!

Today’s Webinar!
DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BYEdward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non-Member
REGISTERHERE

Top 10 Ways to Drastically Increase Lead Conversion

DATE: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
PRESENTED BY: Stephen Fairley, Founder & CEO of The Rainmaker Institute
COST:  Member Benefit – No Cost for NACBA Members
REGISTERr: HERE

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 9/20

Check Out Midweek Headlines…

U.S. Senators Introduce Bipartisan Legislation to Continue Perkins Loan Program

How the NCBRC Protects the Integrity of the Bankruptcy System

Eleventh Circuit Eliminates Presumption of Intent for Judicial Estoppel

Speak Fluent Bankruptcy

CFPB Could Have Gotten A Lot More In Fines From Wells Fargo

N.J. law firm, debt collector, settle with NYC consumers

Carney’s 200 Billion Reasons to Fret About Consumer Debt

Americans Now Average Over $16,000 In Consumer Loans

NACBA Member Benefit

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It’s a simple and easy thing to do, takes only a few moments, but can save you 50% in printing expenses.  Learn how easy it is to do. . .

Follow this link to our latest YouTube video for an online video demonstration of pre-reducing your documents.  Learn how in just a few simple steps you can reduce your printing expenses with www.certificateofservice.com by 50%!

Register for NACBA’s 2017 Hill Day!

Don’t miss NACBA’s 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

Please sign into your NACBA Member Account to Register now for Hill Day at Home!

DEADLINE TO REGISTER IS FRIDAY, SEPTEMBER 22, 2017

NACBA Membership Promotion! 

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Upcoming Webinars!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BYEdward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non-Member
REGISTERHERE

Top 10 Ways to Drastically Increase Lead Conversion

DATE: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
PRESENTED BY: Stephen Fairley, Founder & CEO of The Rainmaker Institute
COST:  Member Benefit – No Cost for NACBA Members
REGISTERr: HERE

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 9/19

In Tuesday’s Headlines…

CFPB Orders Private Student Loan Trust Company and Debt Collector to Pay $21.6 Million

Legislation Updating Michigan Statutes on Collection Agency Attorneys Passes in Senate Committee

FCC Committee Meets About Unwanted “Robo” Calls; Makes More Recommendations

The Dizzying Number Of CFPB Complaints Against Equifax Since 2012 Should Infuriate You

Notwithstanding Trustee and Creditor Objections, Court Granted Chapter 13 Debtor’s Motion to Direct Where Funds Held by Trustee Go When She Voluntarily Dismissed Confirmed Case

Less than 20% of Americans say they’re living the American Dream—here’s why

CFPB’s Richard Cordray wants to replace arbitration with a broken class-action system

When The Payday Lending Rule Drops, Opponents Are Ready To Attack

United States District Court Dismisses CFPB Enforcement Claims Over Discovery Abuses

Don’t miss NACBA’s 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

Please sign into your NACBA Member Account to Register now for Hill Day at Home!

DEADLINE TO REGISTER IS FRIDAY, SEPTEMBER 22, 2017

Upcoming Webinar!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BYEdward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non-Member
REGISTERHERE

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

NACBA Events

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 9/18

Let’s Kick Off the Week With These Headlines…

Why Regulation Won’t Fix Credit Reporting Agencies

Senator Warren introduces Equifax bill; launches industry probe

Democrats Press DeVos to Renew Cooperation With CFPB

Housing and Consumer Groups Statement on California A.B. 1284’s PACE Loan Ability-to-Repay Provisions

CFPB Deal Could Mean Relief From Wall Street’s Worst Student Loans

CFPB issues no-action letter to consumer lending platform in alternative credit effort

THE RATIO OF DEBT TO HOUSEHOLD INCOME CLIMBS TO A SUMMIT

Notwithstanding Trustee and Creditor Objections, Court Granted Chapter 13 Debtor’s Motion to Direct Where Funds Held by Trustee Go When She Voluntarily Dismissed Confirmed Case

Capital One accused of violating FDCPA, TCPA

Don’t miss NACBA’s 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

Please sign into your NACBA Member Account to Register now for Hill Day at Home!

DEADLINE TO REGISTER IS FRIDAY, SEPTEMBER 22, 2017

Upcoming Webinar!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BYEdward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non-Member
REGISTERHERE
NACBA Events
  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

 

Stay Informed With NACBA’s Latest Washington Update

Read the latest 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.

On The Hill The Senate unanimously approved legislation on September 8th by Judiciary Committee Chairman Chuck Grassley (R-IA) and Senator Al Franken (D-MN) clarifying Congress’ intent to allow family farmers to more easily reorganize their finances when they fall on hard times. S. 1237 Family Farmer Bankruptcy Clarification Act of 2017 reiterates Congress’ earlier action to enable bankrupt family farmers reorganizing their debts to treat capital gains taxes owed to a governmental unit, arising from the sale of farm assets during a bankruptcy, as general unsecured claims.  It also removes the Internal Revenue Service’s veto power over a bankruptcy reorganization plan’s confirmation, giving the family farmer a chance to reorganize successfully.

On September 6th Senator Coons’ (D-DE) bill S. 1107, Bankruptcy Judgeship Act of 2017, passed the Senate. The bill extends temporary bankruptcy judgeships and calls for a five-year extension for 14 temporary bankruptcy judgeships and will create four new bankruptcy judgeships. With this bill, Delaware will retain its one permanent bankruptcy judge, will receive extensions of its five temporary bankruptcy judges and will receive an additional two temporary bankruptcy judgeships for five years to handle the heavy caseload for the district, which is one of the busiest in the country.

Representative Sean Duffy (R-WI) is pushing to have federal flood insurance reformed to avoid bankruptcy and to allow private insurance to run the program as opposed to the federal government. He wants to set flood insurance up so that the private market can come in and offer premiums and coverage at better prices than the federal government. Duffy agrees that helping Texas is the right thing to do, but warned continued subsidies to flood areas is not fiscally sound, and encouraged Congress to think about future disasters on the horizon.

In The Agencies On September 1st the Education Department has notified the Consumer Financial Protection Bureau (CFPB) that it’s severing operating agreements with it, saying the regulatory body has “undermined” the mission to serve students and borrowers — particularly in its handling of student loan servicing issues. A copy of the letter notifying the CFPB of the decision was released Friday by Representative Virginia Foxx (R-NC), chairwoman of the House Education and the Workforce Committee. It’s signed by A. Wayne Johnson, chief operating officer of the Education Department’s Office of Federal Student Aid, and Kathleen Smith, acting assistant secretary in the Office of Postsecondary Education, and dated Thursday. It is claimed that the CFPB is using its jurisdiction in areas that Congress never intended.

OTHER Following the recent Equifax breach, U.S. Senator Sherrod Brown (D-OH), ranking member of the U.S. Senate Committee on Banking, Housing, and Urban Affairs, is calling on Equifax to immediately remove forced arbitration from all services offered to customers following a data breach that exposed 143 million Americans to identify theft. Equifax is currently touting free credit monitoring and identify protection services for victims of the breach through its TrustedID product. However, Equifax included forced arbitration clauses in the terms of use agreement customers must agree to when signing up for the services – effectively forcing victims of the breach to sign away their rights to seek access to court.

Feedback should be directed to Krista.DAmelio@NACBA.com