Author: Dan LaBert

Association Executive @NACBAorg, Fmr. NFL Scout @4for4football, Sports Radio/TV Host, Fantasy Football Guru, Penn State Alum, @BrewersofPA #runDisney

Bankruptcy Briefs 9/18/14

Warren Vows to Keep Pushing for Blocked Student Loan Bill

Litigation and CFPB Debt Collection Complaints Decline in August

Virginia sues 13 big banks, claiming mortgage securities fraud

Coalition to release report on student debt in state in CT

Why Perkins Loans Borrowers Should Think Twice Before Consolidating

The Link Between Draining 3s + Draining Bank Accounts

House Committee to Examine Recent Bank Settlements

Court Test Nears on Whether Bankruptcy Shields Rent-Stabilized Leases

Executive Change: Hudson Cook Adds Former CFPB Enforcement Deputy as Partner

Thomas Jefferson School of Law Gets Reprieve after Missed Bond Payment

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Bankruptcy Briefs 9/17/14

Proof of Claim Violates Discharge Injunction

Corinthian Colleges Sued by CFPB for Predatory Lending

Court announces new rules for debt collection agencies

NYU Student Lucy Parks Writes Heartbreaking Letter About Dropping Out Of College

Washington Warily Eyes Cities’ Loan-Seizure Proposals

Detroit Reaches Settlement With Largest Creditor

Hearing for “Oversight of the Financial Stability Oversight Council” to be held today

California man found guilty in $5.8 million mortgage fraud scheme

Shame to Outrage: Group Takes Action Against Student Debt Crisis

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Bankruptcy Briefs 9/16/14

Indictment for Bankruptcy Crime in Palm Beach County

Consumers’ Student Loan Debt Increases Since the Recession

Bankruptcy isn’t what it used to be

Utah is the Best State to Pay Back Student Loans, Maine is the Worst

The bankruptcy of Detroit and the division of America

American Sniper’s Widow Sues Bankrupt Training Company He Founded

Report Criticizing Dechert Stricken From Constar Court Record

Hero or bully? Bankruptcy opponents face defining choice

Calpers, Nation’s Biggest Pension Fund, to End Hedge Fund Investments

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Bankruptcy Briefs 9/15/14

Millions Of Americans’ Wages Seized Over Credit Card And Medical Debt

ARM Law Firm Files Motion to Dismiss CFPB’s FDCPA Enforcement Action

Pensions May Be Key to Stockton Bankruptcy Exit

Arkansas Supreme Court: Out-of-State Debt Buyers Must be Licensed

Bankruptcy Alphabet: W is for Wait

Dairy that had filed for bankruptcy rebounding

Mootness, Equitable Mootness, Prudential Considerations, and Statutory Mootness

Detroit, creditor reach bankruptcy deal

Boston group gets $158K grant for bankruptcy help

Scranton Stalked by Bankruptcy Mulls Selling Sewers: Muni Credit

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Bankruptcy Briefs 9/12/14

WILS 1320 Interview with NACBA President Ed Boltz

California Restores Mortgage Debt Relief for 2013

Education Department Demanding Student Debt Payment From Seniors

Private student loan can outlive student

Student Loan Debt Burdens More Than Just Young People

Resource Desperately Needed for Consumer Advocates and some Federal Regulators

Bankrupt San Bernardino, California, can cut firefighter benefits, judge says

Law professor thinks Apple turned self into a regulated financial institution

Party Aggrieved” Requirement for Appeal of a Bankruptcy Court Order

Lehman Brothers to sell $2.5b in bankruptcy claims

More mediation ordered over potential Detroit bankruptcy deal

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Bankruptcy Briefs 9/11/14

House Judiciary Committee Approves Financial Institution Bankruptcy Act of 2014

Lawmakers Seek to Smooth Banks’ Path Through Bankruptcy

Credit score overhaul introduced in House

U.S. Rep. Proposes Sweeping Changes to FCRA, Including Furnisher Mandates

Homeowners steamrolled as Florida courts clear foreclosure backlog

The Government Is Probably Driving Old People Into Poverty by Trying to Collect Their Student Loans

Judge to Warden: Release Marc Dreier (For a Day)

Franchise Brands With Higher-Than-Average Default Rates

Revel Gets $90 Million Offer to Buy Closed Casino

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NACBA President Weighs-In on AP Article “Senior Americans Burdened with Student Debt”

SENIOR AMERICANS BURDENED WITH STUDENT DEBT

Rosemary Anderson of Watsonville, Calif., testifies on Capitol Hill in Washington, Wednesday, Sept. 10, 2014, before the Senate Aging Committee hearing to examine Older Americans and student loan debt. Anderson could be 81 by the time she pays off her student loans. After struggling with divorce, health problems and an underwater home mortgage, the 57-year-old anticipates there could come a day when her Social Security benefits will be docked to make the payments. Like Anderson, a growing percentage of aging Americans struggle to pay back their student debt. Tens of thousands of them even see their Social Security benefits garnished when they cannot do so. (AP Photo/Lauren Victoria Burke)

WASHINGTON (AP) — Rosemary Anderson could be 81 by the time she pays off her student loans. After struggling with divorce, health problems and an underwater home mortgage, the 57-year-old anticipates there could come a day when her Social Security benefits will be docked to make the payments.

Like Anderson, a growing percentage of aging Americans struggle to pay back their student debt. Tens of thousands of them even see their Social Security benefits garnished when they cannot do so.

Among Americans ages 65 to 74, 4 percent in 2010 carried federal student loan debt, up from 1 percent six years earlier, according to a Government Accountability Office report released Wednesday at a Senate Aging Committee hearing. For all seniors, the collective amount of student loan debt grew from about $2.8 billion in 2005 to about $18.2 billion last year.

Student debt for all ages totals $1 trillion.

“Some may think of student loan debt as just a young person’s problem,” said Sen. Bill Nelson, D-Fla., chairman of the committee. “Well, as it turns out, that’s increasingly not the case.”

Anderson, of Watsonville, California, amassed $64,000 in student loans, beginning in her 30s, as she worked toward her undergraduate and graduate degrees. She said she has worked multiple jobs — she’s now at the University of California, Santa Cruz — to pay off credit card debt and has renegotiated terms of her home mortgage, but hasn’t been able to make a student loan payment in eight years. The amount she now owes has ballooned to $126,000.

“I find it very ironic that I incurred this debt as a way to improve my life, and yet I still sit here today because the debt has become my undoing,” Anderson testified.

Despite not making payments, she’s managed to keep the education debt in good standing by getting permission to defer the payments even as the amount she owes has grown, she said.

Ed Boltz, a bankruptcy attorney in Durham, North Carolina, who is president of the National Association of Consumer Bankruptcy Attorneys, said in an interview that many of the seniors he sees with student loan debt are also struggling with challenges such a medical problems, job loss or divorce. Some, he said, went back to school with hopes of making a higher salary and that didn’t pan out, or the children they helped fund to attend school are not in a position to help the parent in return.

“They are stuck with these debts and they can’t try again,” Boltz said. “There’s no second act for them.”

The GAO found that about 80 percent of the student loan debt by seniors was for their own education while the rest was taken out for their children or other dependents. It said federal data showed that seniors were more likely to default on loans for themselves compared with those they took out for their children.

It’s unclear when the loans originated, although the GAO noted that the time period to pay back such debt can range from a decade to 25 years. That means some older Americans could have taken out the loans when they were younger and they’ve accumulated with interest, or got them later in life — such as workers who enrolled in college after a layoff in the midst of the economic downturn.

The GAO found that about a quarter of loans held by seniors ages 65 to 74 were in default. The number of older Americans who had their Social Security benefits offset to pay student loan debt increased about fivefold, from 31,000 to 155,000, from 2002 to 2013.

“As the baby boomers continue to move into retirement, the number of older Americans with defaulted loans will only continue to increase,” the GAO said. “This creates the potential for an unpleasant surprise for some, as their benefits are offset and they face the possibility of a less secure retirement.”

Typically, student loans can’t be discharged in bankruptcy. In addition to docking Social Security, the government can use a variety of tools to recoup student loans, such as docking wages or taking tax refund dollars.

Sandy Baum, a senior fellow at the Urban Institute, said these seniors having their Social Security docked likely don’t have much discretionary income and Congress should consider taking away this option. There’s a limit to how much Social Security can be docked, but some seniors are left with benefits below the poverty level, the GAO said.

“It’s not an issue that affects large numbers of people,” Baum said. “It’s a very big issue for people who are affected by it.”

Bankruptcy Briefs 9/10/14

Canadian Retirement Benefits Excluded from Current Monthly Income

Older Americans Struggle With Student Debt

Sens. Warren, Shelby: Criminal bank execs should face arrest

Isis Wallet Mobile Payments

A Tale of Unbundled Bankruptcy Legal Services

Talks between Archdiocese, bankruptcy creditors continue

Oops: Appeals Court Cites Forgotten Evidence in Ruling

Fed Proposes New Rule, and Wall St. Banks Feel the Pressure

RadioShack: Bankruptcy Imminent

Trustee Questions American Resource Staffing’s Sale

House Hearing to Examine Whether Medical Debt Should Be Included in Credit Reporting System

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Bankruptcy Briefs 9/9/14

Eighth Circuit Joins Sister Courts on Lien Stripping in Chapter 13

Sen. Elizabeth Warren: The Vote That Could Cut Your Student Loan Bills

More Consumers Claiming Debt Collectors Calling About Invalid/Paid Debt

Watch John Oliver Explain Why the Student Debt Problem is Worse Than You Think

Senate Banking Committee Hearing to Assess Wall Street Reforms

Let me pay off $100,000 in student loans fairly

Year-Over-Year Bankruptcy Filings Decrease 16 Percent

Westport development saga to continue in bankruptcy court

Trump Casinos Bankruptcy Plan a New Blow to Atlantic City

Stressed Families Can Take A Card From Trump Casino

Finding a New Car Loan While in Bankruptcy

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Wendell Sherk Chosen for Roser Excellence in Bankruptcy Award

NACBA Member Wendell J. Sherk has been chosen to receive the 2014 Michael R. Roser Excellence in Bankruptcy Award from the Commercial Law Committee of The Missouri Bar. The Award will be presented at the American Bankruptcy Institute’s (ABI) Midwestern Bankruptcy Institute in Kansas City on October 17, 2014.

The Michael R. Roser Excellence in Bankruptcy Award is presented to an individual who manifests the highest standard of excellence in bankruptcy practice, who has contributed distinctively to the development and appreciation of bankruptcy law, and/or who has made an outstanding contributions in the field of bankruptcy administration or practice.

Wendell is a St. Louis attorney who graduated from Washington University in 1986 and Washington University School of Law in 1989.

He is the co-recipient of the first-ever Brauer Innovations in Bankruptcy Law Award in 2005.  He has also served as co-chair of the Bar Association of Metropolitan St. Louis Bankruptcy Committee, as well as numerous local rule and procedure committees with the bankruptcy court.  In the past he has represented bankruptcy trustees as well as creditors. He has co-written legislation improving the property exemptions for Missourians facing bankruptcy.

A regular speaker in national and state bar events, Wendell also founded the Debtors Attorneys of Metropolitan St. Louis (DAMSL) with Joseph A. Swope, Jr. They currently manage the DAMSL listserv as a cooperative effort of local attorneys representing consumer debtors in Eastern Missouri and Southern Illinois. Wendell is also active in the National Association of Consumer Bankruptcy Attorneys (NACBA) as well as NACBA’s listserv. He was a NACBA Member of the Month in 2007 and ranked among the top 3 consumer bankruptcy lawyers in the (completely unscientific) Missouri Lawyer’s Weekly “Best of…” Polls for 2007 and 2008.

He is a member of the St. Louis consumer law firm Sherk & Swope, LLC as well as the National Association of Consumer Bankruptcy Attorneys, the American Bankruptcy Institute, and the Missouri Bar.

His office: Sherk & Swope, LLC, 1620 South Hanley Road, St. Louis, Missouri 63144. His office number is 314.781.3400.