
Author: cherewill
Bankruptcy News Briefs 8/31

Take A Moment to Read the Headlines…
Study: Millennials’ Credit Card Use is On the Decline
TCPA Case Law Review for July and August 2017
New Collection Letter Lawsuits in California and New York: What Your Agency Needs to Know Now
Debt Collector Fined $25 Million
Butte County couple accuse debt collector of FDCPA violations
Debt settlement a bad alternative to bankruptcy
Recent Massachusetts AG consent order places new requirements on debt collection law firm
San Diego firm supposedly defamed and abused process with Philly plaintiff
Upcoming Webinar!
PRESENTED BY: Edward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
REGISTER: HERE
NACBA Events
- NACBA’s 2017 Hill Day at Home October 16- October 20, 2017.
- 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!
Register for NACBA’s September Webinar!

- The background of CPPB rules and borrowers in bankruptcy
- The scope of regulations.
- Dates of regulation
- Definitions of Delinquency
- Effects of Delinquency
- Early Intervention
- Loss Mitigation Requirement
- Periodic Statements in Bankruptcy
- Periodic Statements for Consumer in Ch 7 Bankruptcy
- Periodic Statements for Consumer in Ch 13 Bankruptcy
- Successors in Interest
- Prompt Payment in Crediting
- Q&A
The cost is $25 Member / $75 Non-Member. Register Today!
New NACBA Member Promotion!

NEW NACBA MEMBER PROMOTION FROM AUGUST 2017-DECEMBER 2017
Renew Your Membership for a Chance to Win!
Renew your membership this month and be entered to win a copy of 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 great items from NACBA. Two (2) winners will be chosen at random each month.
Bankruptcy News Briefs 8/30

Catch Up On Midweek Headlines…
FTC Alleges Extensive FDCPA Violations Against North Carolina Debt Collection Operation
FCC Committee to Consider Recommendation on Blocking Unwanted Calls
Illinois Governor Vetoes ‘Student Loan Servicing Rights Act’
3 Lessons You Should Take From the Latest 1099(c) Letter Case
Court Rules Revocation of Consent for One Creditor Does Not Revoke Consent for Another
ED Updates Court on Debt Collection RFP Status; Requests Extension
Report: States Battle to Restrain High-Cost Installment Loans
Court Gets It Wrong on Exempt Property as Disposable Income
Consumer claims Premier Recovery Group attempted to collect already settled alleged debt
Student loan balances jump nearly 150 percent in a decade
“Modest” Overstatements of Amount Due and Interest Rate Actionable Under FDCPA, Ninth Circuit Rules
Upcoming Webinar!
PRESENTED BY: Edward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
REGISTER: HERE
Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!
In today’s Consumer Bankruptcy Journal highlight read, “In re: Kearney (kearney vs Navient Solutions Inc. et. al )Adv. Case No. 16-3024-Southern District of Ohio Western Division at Dayton,” by Brian Flick, Esq.
Exciting Upcoming 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 8/29

Check Out Today’s Headlines…
From the Web: CFPB Expected to ‘Scale Back’ Rule on Small-Dollar Lending
Another U.S. District Court Rules Human Call Initiator is Not an ATDS
Advocates File Amicus Brief To Defend Consumers Against Capital One Overdraft Fee Practice
CFPB Releases Misleading Report On Social Security Deferral Strategies
A Law Firm ‘Cleverly’ Used Ellipses to Fight a CFPB Investigation. But It Still Lost.
Debt collector accused of violating phone privacy law
Ohio Number One For Student Loan Debt
If anti-consumer bank law is passed, more Wells Fargo-like scandals are coming
Consumer Credit: Privilege Or Entitlement?
Renew Your Membership For a Chance to Win This Great Resource!
It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners will be selected at random each month.
Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!
Andrew Carroll gives an insight into a rather complicated matter in his article,” The Preemption of State Court Claims Based on Frivolous Bankruptcy Actions: When the Overwhelming Weight of the Authority Isn’t Enough,” in today’s Consumer Bankruptcy Journal highlight.
Exciting Upcoming 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 8/28

Fresh Headlines for a New Week…
Clark v. Rameker Does Not Limit State IRA Exemption
Consumer Litigation Cases Decline Under FCRA, FDCPA, and TCPA
From the Web: Survey Shows Most Consumers Lag in Checking Credit Report
Circuit Court: Disallowed Portion of State’s DSO Claim Not Subject to the Discharge Injunction
Chapter 13 Debtor May Confirmed Plan to Surrender Collateral and Reclassify Claim as Unsecured
CFPB Could Scale Back Payday Lending Rule To Get It Done
Wells Fargo wants court to toss overdraft lawsuits and let it use arbitration
CFPB Issues Temporary Amendment to HMDA Rule Reporting Threshold
CFPB’s New Regulatory Inquiry Process: Ask And Ye Shall Receive?
Eleventh Circuit Recognizes Partial Consent Revocation under the TCPA
CFPB releases state-level data on student debt impact on older borrowers
Renew Your Membership For a Chance to Win This Great Resource!
It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners will be selected at random each month.
Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!
Take an in-depth look at, “The Bankruptcy Crisis in Chicago,” with authors, Steven Fox and J. Scott Bovits in today’s Consumer Bankruptcy Journal highlight.
Exciting Upcoming 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 8/25

Let’s Wrap Up the Week…
New Law Outlines Requirements for Debt Buyers in Oregon
OCC Rejects ‘Tactics and Goals’ of Operation Choke Point
CFPB Director’s Op-Ed ‘Disregards’ Facts on Effects of Arbitration Rule
‘White Lies’ Can’t Prevent Debtor’s Bankruptcy Discharge
Group sues Lowell court over debt collection practices
CFPB Calls for Court to Stop Order Against DOE’s Collection on Defaulted Loans
Damages for Copyright Violation Can’t Be Wiped Out in Bankruptcy
DC Cir. Confirms Mediation Not Required Prior to Judicial Foreclosure
Long Arms of the CFPB Don’t Exclude Healthcare Providers
American Express Settles With CFPB on Discriminatory Card Terms
Regulators, consumers target student debt servicer Navient
Ferguson VS Navient
Read the Transcript for Ferguson vs Navient. This is a new area of law dealing with those types of student loans that are not automatically excepted from discharge. It shows that debtors who went through bankruptcy years ago with dischargeable student loans and have been hounded into repaying these discharged loans have a remedy for relief and punitive sanctions. Submitted by Austin Smith.
Renew Your Membership For a Chance to Win This Great Resource!
It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners will be selected at random each month.
Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!
We have a special President’s Report in this quarter’s Consumer Bankruptcy Journal. NACBA’s President Jim Haller had the pleasure of honoring several distinguished members of NACBA at the 25th Annual Convention. Each year we honor members and key allies for their extraordinary service. Take a moment to review the President’s Report and the awards that were given to our incredible recipients!
Exciting Upcoming 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 8/24

Check Out What’s Happening in the News…
Court to Hear Wells Fargo’s Bid to Block 49-State Overdraft Fee Class Action
TCPA Student Loan Calls Case Dismissed – Court Determines TCPA Exception Applied
District Court: Bankruptcy Discharge did Not render Arbitration Agreement Unenforceable in FCRA Case
Student Loan Company Accused of Mismanaging Debt Forgiveness Program
American Express to pay $96 million over discriminatory card terms
JPMorgan, debt collector agrees to $4.3 mln settlement
Ferguson VS Navient
Read the Transcript for Ferguson vs Navient. This is a new area of law dealing with those types of student loans that are not automatically excepted from discharge. It shows that debtors who went through bankruptcy years ago with dischargeable student loans and have been hounded into repaying these discharged loans have a remedy for relief and punitive sanctions. Submitted by Austin Smith.
Register for Today’s NACBA Webinar!

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE
Renew Your Membership For a Chance to Win This Great Resource!
It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners will be selected at random each month.
Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!
As a member of NACBA, we know that one of the most valued membership benefits is the ability to correspond with your colleagues. NACBA’s online community, NACBA Connect enables you to join discussions, post questions and interact with your peers on a daily basis if you choose. Gene Melchionne’s article, “The Listserv is Dead! Long Live the Listserv,” gives you advice on how to get the most out of NACBA’s Online Community environment with clear and concise steps that will get you linked to your peers.
Exciting Upcoming 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 8/23

Midweek Headlines…
Older Americans Have More Student Debt Than Ever, Face ‘Overly Complex’ Loan Servicing System
Anticipated Discretionary Bonus Not Property of Estate
U.S. Sen. Elizabeth Warren Seeks Financial CEOs’ Stance on CFPB Mandatory Arbitration Rule
Operation Choke Point Is Over – Perhaps
CFPB and AGs Settle Claims Against Loan Purchaser
Where prospects carry the most student loan debt
Why 4 in 10 Americans Could Soon Get a Credit Boost
ACA Financial Hardship Exemption Requirements
Ferguson VS Navient
Read the Transcript for Ferguson vs Navient. This is a new area of law dealing with those types of student loans that are not automatically excepted from discharge. It shows that debtors who went through bankruptcy years ago with dischargeable student loans and have been hounded into repaying these discharged loans have a remedy for relief and punitive sanctions. Submitted by Austin Smith.
Register for This Month’s NACBA Webinar!

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE
Renew Your Membership For a Chance to Win This Great Resource!
It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners will be selected at random each month.
Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!
Take a moment to read an article that any Consumer Bankruptcy Attorney would be interested in, “The United States Consumer Law, Attorney Fee Survey Report,” in today’s Consumer Bankruptcy Journal highlight.
Exciting Upcoming 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!