Author: cherewill

Bankruptcy News Briefs 2/13

Dive Into Today’s Headlines…

Congress Would Control CFPB Under White House Budget Proposal

CFPB and White House Strategic Plans Appear to be Aligned

Litigation Filed (Again) in New Chapter of ED Private Collection Agency Contract

Southern District of Florida Finds Telephone Dialing System Not an ATDS Under the TCPA

A Cold, Drafty Valentine for Low Income and Working Families in President Trump’s Proposed Budget

Debtors who Claim Excessive or Ambiguous Exemptions should Not be able to Confirm Chapter 13 Plan Without Providing 100% Payment to Unsecured Creditors

Condo Ass’n was Bound by Terms of Confirmed Chapter 13 which Not Only Surrendered the Condo but also Vested Title to Condo in Lender

It’s time to audit the CFPB

Falls debt collector collected debts, not once, but twice

3rd Circuit revives lawsuit over collection of time-barred debt

Here are the cities with the most credit card debt

Register for NACBA’s Webinars!

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM Pacific (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner and Henry Sommer

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 2/9

End of the Week Headlines…

Court Not Required to Dismiss Case Exceeding Debt Limits

NCLC and Legal Aid Foundation of Los Angeles File Lawsuit Challenging U.S. Department of Education’s Refusal to Discharge Loans of Students Defrauded by Marinello Schools of Beauty

Senators demand answers from CFPB on Equifax probe

Mulvaney can’t just kill CFPB payday rule, but here’s what he can do

Oklahoma’s State Debt Collection Practices Are Extortion, Suit Claims As It Moves Toward Class Action Status

America’s consumer debt keeps skyrocketing

CONSUMER BORROWING STRONG THROUGH DECEMBER

Millennials’ Spending Weighed Down by Student Debt, Expert Warns

Sharing of Convenience Fees Spells Trouble Under the FDCPA

10th Circuit Rules FDCPA Does Not Apply to Non-Judicial Foreclosure Proceedings

The case for erasing every last penny of student debt

Register for NACBA’s Webinars!

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM Pacific (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner and Henry Sommer

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 2/8

Headlines in the Briefs…

Will 2018 Be the Year States Shore Up Balance Billing Legislation?

The Steady, Alarming Destruction of the Consumer Financial Protection Bureau

CFPB requests information on its own enforcement process

Massachusetts Sues Equifax Amid Questions About CFPB’s Investigation

Consumers are biggest losers of Trump’s ongoing war on regulations

Appeals Court Gives Rogue Agency A Stay Of Execution; The Supreme Court Should Pull The Switch

Woman in lawsuit says Norfolk debt collector robocalled her 1,500 times

City collection lawyer sued over foreclosure

Ameritech Financial on What Makes Student Debt Unique

Register for February’s Webinars!

Don’t Miss Today’s Webinar!

Circuit Case Law Update
Date: Thursday, February 8, 2018
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 Minutes)
Cost: Free for NACBA Members
Presenters: Jim Molleur, David Shaev, Trish Meyer, Koury Hicks, Behrooz Vida, Brian Flick, David Yen, Wendell Sherk, Stanley Zlotoff, Jill Michaux and Nathan Juster.

Register HERE

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM Pacific (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner and Henry Sommer

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 2/7

Check Out the Midweek Headlines…

District Court Reassesses Evidence of Undue Hardship

Consumer Advocates Explain Crucial Public Interest in a Strong Consumer Financial Protection Bureau

New Jersey: Including a Phone Number on Initial Letter Does Not Violate the FDCPA

Debtor Awarded $5,000 for each Day he was Incarcerated Where Ex-Wife Proceeded with Post-petition Civil Contempt Action in Family Law Action

Connecticut Won’t Require Mortgage Servicer Licenses for Licensed Collection Agencies

Chapter 13 Debtors Must Pay All Payments under a Plan to Receive a Discharge, Including Post-petition Mortgage Payments Made Directly to Mortgagee

FTC Report Highlights Financial Issues Affecting Military Consumers

CFPB Mnuchin Presses CFPB For Answers On Equifax Hack

These US cities have the highest credit card debt

From the Web: Appeals Court to Hear Oral Arguments in Leandra English Case April 12

Canceling $1.4 trillion in student debt could have major benefits for the economy

Why Reform Is Necessary At The CFPB

Credit Reporting of “non-consumer” Debt Beginning Soon: Are you Ready?

Eighth Circuit Court of Appeals Rejects “Reasonably Foreseeable” Standard for Extent of Notice to Creditors

Decision upholds Connecticut lawyer’s suspension from practicing law in Maine

This 1 Thing Could Change How Student Loans Work For Millions Of People

Register for February’s Webinars!

Don’t Miss Tomorrow’s Webinar!

Circuit Case Law Update
Date: Thursday, February 8, 2018
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 Minutes)
Cost: Free for NACBA Members
Presenters: Jim Molleur, David Shaev, Trish Meyer, Koury Hicks, Behrooz Vida, Brian Flick, David Yen, Wendell Sherk, Stanley Zlotoff, Jill Michaux and Nathan Juster.

Register HERE

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM Pacific (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner and Henry Sommer

Register HERE

 

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 2/5

Headlines Kicking Off the New Week…

Court Denied Creditor’s Dismiss Chapter 7 Case under §707(a) Since it was Not Bad Faith to File Case to Discharge One Substantial Debt

Debtor’s Obligation Related to First-time Home-buyer Tax Credit was Dischargeable Debt

Disturbing Report of Consumer Bureau Pull-Back on Equifax Investigation Compels Increased Efforts to Protect Consumers’ Data

New York Bankruptcy Courts Hold That a Debtor’s Failure to Make Postpetition Loan Payments is a Basis for Granting Relief from the Automatic Stay

Hard Lessons From the Federal Student-Loan Program’s Coming $36 Billion Shortfall

CFPB Is Constitutional But Makes $100 Million Mistake in Interpreting the Law

NY Court Dismisses Credit Union Suit Against Mulvaney

Mulvaney to Move CFPB’s Consumer Response; ACA Puts Complaints in Perspective

House Subcommittee Examines Fintech

More Than Half of Americans Fear Medical Bills as Much as Health Issues Themselves

Consumer Financial Protection Bureau appears to shed its aggressive reputation

Seventh Circuit Rejects Use of Miller “Safe Harbor” Language When a Debt Cannot Increase

Tenth Circuit Joins the Fray Regarding Whether Foreclosures Are Debt Collection Activity

Opinion: Is consumer debt the bubble that finally ends the economy’s strong run?

Register for February’s Webinar!

Circuit Case Law Update
Date: Thursday, February 8, 2018
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 Minutes)
Cost: Free for NACBA Members
Presenters: Jim Molleur, David Shaev, Trish Meyer, Koury Hicks, Behrooz Vida, Brian Flick, David Yen, Wendell Sherk, Stanley Zlotoff, Jill Michaux and Nathan Juster.

Register HERE

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM Pacific (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner and Henry Sommer

Register HERE

Hang Out at the Watercooler

Dive into Ruby Receptionist newsletter, the Watercooler to get tips that you can implement in your day to day business!

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

Stay Informed With NACBA’s Washington Update

 

 

ON THE HILL  Senate Education Committee Chairman Lamar Alexander (R-TN), called for the financial aid system to be reformed to increase effectiveness. The committee held its second hearing in Congress on Thursday on reauthorizing the Higher Education Act, which consists of two grant programs, five loan programs, and nine repayment plans.

On Monday, January 29th Congressman Keith Rothfus (R-PA) of the House Financial Services Committee introduced H.R. 1426, Federal Savings Association Charter Flexibility Act of 2017. The bill amend the Home Owners’ Loan Act to allow Federal savings associations to elect to operate as national banks, and for other purposes.

Also on January 29th Congresswoman Nydia Velázquez (D-NY) introduced H.R. 4792, Small Business Access to Capital After a Natural Disaster Act. This bill amends the Securities Exchange Act of 1934 to expand access to capital for small businesses affected by hurricanes or other natural disasters, and for other purposes.

IN THE AGENCIES The Court of Appeals for the District of Columbia ruled on January 31st that the structure of the Consumer Financial Protection Bureau (CFPB) is constitutional, in a landmark victory for the CFPB and a serious blow to President Trump’s efforts to undermine the agency. This affirmed Congress’s decision to create a consumer watchdog insulated from political and Wall Street influence. Consumer advocates called on President Trump to respect the decision by relinquishing political control of the agency and nominating a director who is independent, who will put consumer protection first and can be confirmed by the Senate.

As work continues to improve customer service and overall operations of the Office of Federal Student Aid (FSA), Secretary of Education Betsy DeVos announced the formation of a Strategy and Transformation unit to improve the delivery of financial aid to millions of students and their families. Secretary DeVos asked A. Wayne Johnson to lead the Office of Strategy and Transformation. James Manning will lead FSA as Acting Chief Operating Officer.

FROM THE INTEREST GROUPS The Institute for College Access & Success (TICAS) posted a series of blogs that explore how the House proposal to overhaul the Higher Education Act would impact student debt. This bill, the PROSPER Act, was passed out of the Committee on Education and the Workforce in December 2017. TICAS focuses on the PROSPER Act’s changes to accountability requirements for federal student aid in their recent post.

OTHER During the Super Bowl, expect TV commercials to discuss student debt. Advertisers seem to be more willing to interrupt America’s most popular sporting event to discuss a touchier subject: Student Debt. Since 2016, Social Finance or SoFi, the financial services company best known for student loan refinancing, has been advertising during the Super Bowl in a variety of forms. Last year, the company won a big bet when the Super Bowl went into overtime for the first time ever. SoFi was one of a handful of brands that made deals to run ads for a fraction of the typical Super Bowl price in the event of overtime. This year, the company will be advertising its refinancing product in six major markets during the Super Bowl.

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

Bankruptcy News Briefs 2/1

Kicking Off a New Month With New Headlines…

D.C. Circuit Court of Appeals Rules in PHH v. CFPB

From the Web: In-Depth Analysis of President Trump’s State of the Union Speech

Congress Holds Fintech Hearing; 77 Million in Collections Left Out of Discussion

Trump administration strips consumer watchdog office of enforcement powers in lending discrimination cases

Another Major Staff Appointment in ED’s Federal Student Aid Office

Court Affirms Consumer Watchdog’s Independence; Trump Must Appoint an Independent Director

Lawmakers Demand Answers From CFPB On Payday Rule

Experts, industry leaders and lawmakers dissect appeals court action over CFPB

New York AG Moves to Compel Debt Collector to Hand Over Documents

Ending the Cycle of Wrong Number Collection Calls

Stay Violation? Beware Of Escalating Attorneys’ Fees

Register for February’s Webinar!

Circuit Case Law Update
Date: Thursday, February 8, 2018
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 Minutes)
Cost: Free for NACBA Members
Presenters: Jim Molleur, David Shaev, Trish Meyer, Koury Hicks, Behrooz Vida, Brian Flick, David Yen, Wendell Sherk, Stanley Zlotoff, Jill Michaux and Nathan Juster.

Register HERE

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM Pacific (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner and Henry Sommer

Register HERE

Hang Out at the Watercooler

Dive into Ruby Receptionist newsletter, the Watercooler to get tips that you can implement in your day to day business!

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!