Author: Dan LaBert

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

Bankruptcy Briefs 2/16

Debt Secured by Vehicle May Be Restructured in Chapter 20

Making Bank on Bankruptcy using Social Media #NACBACHI

Former CPA from Spring convicted of bankruptcy fraud

National Retail Federation Forecasts Growth in Retail Sales

Detroit’s Bankruptcy Judge to Retire

Bankruptcy judge accepts jurisdiction for Conneaut Lake Park insurance case

James Garrity Coming Back to New York Bankruptcy Bench

David Cassidy files for bankruptcy protection

Federal Judge Issues Positive TCPA Ruling; Potential Capacity in ATDS Not Enough for Violation

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Bankruptcy Briefs 2/4

Denial of Motion to Reopen to Amend Exemption Was Abuse of Discretion

Consumer Relations Consortium Announces New Member: FMA Alliance

Judge finds Gomery lacked ‘good faith’ in bankruptcy

Retiring New Jersey Bankruptcy Judge Donald Steckroth to Join Cole Schotz

CFPB Sets Consumer Advisory Board Meeting on Medical Debt

My Father Won’t Pay His Parent PLUS Loan

Developer blames law firm for personal bankruptcy case

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HR 449, Rep. Delaney’s Bill to Allow Discharge of Student Loans in Bankruptcy.

IN THE HOUSE OF REPRESENTATIVES: JANUARY 21, 2015

Mr. DELANEY introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 11 of the United States Code to make «student»«loans» dischargeable.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Discharge «Student»«Loans in Bankruptcy Act of 2015”.

SEC. 2. EXCEPTION TO DISCHARGE.

Section 523(a) of title 11, United States Code, is amended—

(1) by striking paragraph (8), and
(2) by redesignating paragraphs (9) through (14B) as paragraphs (8) through (14A), respectively.

SEC. 3. CONFORMING AMENDMENTS.

Title 11, United States Code, is amended—

(1) in section 704(c)(1)(C)(iv)(I) by striking “(14A)” and inserting “(14)”,
(2) in section 1106(c)(1)(C)(iv)(I) by striking “(14A)” and inserting “(14)”,
(3) in section 1202(c)(1)(C)(iv)(I) by striking “(14A)” and inserting “(14)”, and
(4) in section 1328(a)(2) by striking “(8), or (9)” and inserting “or (8)”.

SEC. 4. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

(a) Effective Date.—Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act.

(b) Application of Amendments.—The amendments made by this Act shall apply only with respect to cases commenced under title 11 of the United States Code on or after the date of the enactment of this Act

 

Bankruptcy Briefs 1/28

NACBA Weighs in on Sternberg Issue

FCC Robocall Initiatives Put Business, Advocacy Groups at Odds

Obituary: Judge Randy D. Doub, Bankruptcy Judge Eastern District of North Carolina

CFPB’s 2014 Debt Collection Complaints by the Numbers

Sen. Sherrod Brown Announces Senate Banking Subcommittee Leadership

How Student Debt Harms the Economy

Ex-Pinole cop gets jail time for bankruptcy fraud in elder abuse case

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Bankruptcy Briefs 1/21

Bankruptcy Forecaster Sees Junk-Debt Bubble Bursting Next Year

Equifax Reports Auto Loan Balances Near $1 Trillion, 2015 Starting Out in the Fast Lane

Judge Finds Ex-Wall Street Trader Hid Millions From Bankruptcy Court

Will a Bankruptcy Stop Me From Getting Student Loans?

Poll: Private Bank Accounts, Credit Cards Common Within U.S. Households

ED’s Student Loan Collection Contract to be Further Delayed for Large Companies

TILA Rescission Effective upon Notification

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Jim Haller Elevated To Vice President of NACBA Board of Directors

BANKRUPTCY ATTORNEYS SELECT ILLINOIS “LEADING LAWYER” AS VICE PRESIDENT

jimhaller

WASHINGTON, D.C. and BELLEVILLE, IL  (January 21, 2015) – National Association of Consumer Bankruptcy Attorneys (NACBA) announced today that Illinois bankruptcy attorney James J. “Jim” Haller is the new vice president of the organization.  Haller has served on the NACBA Board of Directors since 2008. He is responsible for spearheading NACBA’s Advocate and Grassroots Program and has represented NACBA members since 2009 in NACBA’s Liaison Committee with the Executive Office of the United States Trustee.  He also serves on NACBA’s Legislative Committee.

Serving approximately 3,000 members in all 50 states and Puerto Rico, NACBA (http://www.nacba.org/) is the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy.

James J. Haller is a partner with William Mueller at The Law Offices of Mueller and Haller, LLC in Belleville, IL, and the co-owner of The Bankruptcy Center in Illinois and The Bankruptcy Company in Missouri. He serves on the standing Rules Committee for the Bankruptcy Court of Southern District of Illinois. In 2004, he co-founded the local bankruptcy bar association, The Bankruptcy Association of Southern Illinois (BASIL) which holds yearly regional seminars. In 2012, he was named a “Leading Lawyer” in the category of Bankruptcy Law in Illinois.

Haller has served as a panelist for several organizations including:  ABI; the National Association of Chapter 13 Trustees (NACTT); the Bankruptcy Association of Southern Illinois (BASIL); the Illinois State Bar Association; the Illinois Institute for Continuing Legal Education; Illinois Housing in Action; and the Illinois Attorney General’s office and the Land of Lincoln Legal Services.  He has been a member of the State Bar Associations of Illinois and Missouri since 1995 and 1993 respectively, and received his B.A. from Carleton College in Northfield, Minnesota and his J.D. from Washington University in St. Louis.

Haller said:  “It has been a pleasure and valuable learning experience to have served on the NACBA Board of Directors.  NACBA plays a critical role in protecting debtors in bankruptcy. It is a great honor to be chosen as Vice President of NACBA. I hope to take a very proactive role now in the organization’s leadership and agenda setting.”

For more information about the National Association of Consumer Bankruptcy Attorneys, go to http://www.nacba.org) on the Web.

CONTACT:  Patrick Mitchell for NACBA at (703) 276-3266 or pmitchell@hastingsgroup.com.

Editor’s Note:  A high resolution digital photograph (headshot) of James J. Heller is available upon request.

Bankruptcy Briefs 1/13

Plaintiff Uses TCPA to Trigger FDCPA Claim Against Collector; Federal Judge Says No

Bankruptcy Reopened to Add Insurance Proceeds to Estate

Auto and Student Loans Cause Uptick in Consumer Borrowing

Russia faces wave of bankruptcies if interest rates don’t fall

Sheree Whitfield Loses Big In Ex-Husband Bob Whitfield’s Bankruptcy!

Judge in Interfaith Medical Center’s bankruptcy signed off on $1M in fees for former boss

Oil companies face new risk: Bankruptcy!

Cynthia Smiley Bankruptcy Case Could Be Closing Soon

Sixth Circuit Rules Against Collection Agency in FDCPA Out-of-Statute Debt Collection Case

Sen. Richard Shelby Elected Chairman of Senate Banking Committee

Aereo Employees Denied Bonuses Tied to Bankruptcy Sale

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Bankruptcy Briefs 1/8

Are ABI’s Bankruptcy recommendations too debtor friendly?

Boise man sentenced to prison for bankruptcy fraud

Working with New York’s Latest Debt Collection Regulations

Bankruptcy judge gives Trustees more time to report finances

National Bankruptcy Conference Chimes in on Wellness and the Constitutional Validity of Consent

Consumer Delinquencies Continue Decline in Third Quarter

Private Student Loan Business Declares War on Borrowers

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Bankruptcy Briefs 1/5

Homestead Exemption May Not Be Denied Based on Bad Faith, but . . .

Consumer Spending Remained Steady in December Despite Holiday Shopping

CFPB Sets Sights on Payday Loans

U.S. car sales rise in December to cap strong year

New York City Announces $1.3 million Settlement with Debt Collection Agency

A Debt Collector is Garnishing Our Wages Over a Student Loan

Sen. Elizabeth Warren priority: Pushing Republican-controlled Congress to address student loan debt crisis

How Jefferson County’s $30 million legal tab for bankruptcy may now seem like a bargain

Buffalo region’s bankruptcy cases declined 13.3 percent in 2014

Hawaii Bankruptcy filings fall to pre-recession low

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Bankruptcy Briefs 1/2

Pot-derived assets should be protected in bankruptcy

Debt Collection Law Warped by New Breed of Suits

CFPB Seeks Comments on Information Collection Requests Related to Consumer Complaints

ABI Protects Its Own on Fees; Restricts Lenders: Bankruptcy

The Hidden Student-Debt Bomb

The Year’s Bankruptcy News in 11 Chapters

Local bankruptcy filings decline in 2014

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