Bankruptcy News

Bankruptcy News Briefs- 2/21

The weekend is so close. Until then, check out the following…

Bankruptcy Court Addresses Eligibility, Non-formal Notice of Bankruptcy and a Creditor’s Affirmative Duty to Correct Technical Violations of the Automatic Stay

Second Circuit Upholds Personal Liability of Individual Owner for Payday Debt Collection Companies’ FTCA and FDCPA Violations

Appropriations Bill Ending Shutdown Includes Provision on CFPB Funding Requests

Where the 2020 candidates stand on student debt and college affordability

States, consumer groups blast CFPB’s fintech protections

What the Credit CARD Act of 2009 Means for You

REGISTER FOR NACBA’S UPCOMING LIVE WEBINARS!

Circuit Case Law Update
Date: February 21, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: Free for NACBA Members  / $75 Non Member
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

Join us for a discussion of the most interesting recent cases from each federal circuit led by the NACBA Circuit Leader for each circuit. Stay on top of the most interesting cases from across the country.

Chapter 13 Attorney Fees
Date: March 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Edward Bolts Esq. & James Haller, Esq.
Register HERE

How to get paid prior to secured creditors and for work performed at the end of the case.

Why You Should Attend: You want to get paid for work done during the case in a timely manner and a fair amount.

3002.1 A Mortgage Odyssey Workshop
Date: Thursday, March 21 AND Friday March 22, 2019
Time: 3:00 PM EST to 6:00 PM EST – BOTH DAYS
Cost: $99 Member / $149 Non Member
Presenters: Marc Dann, Esq., John Rao, Esq., Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The Panel will discuss:

1) Introduction to 3002.1
a. Requirements for lenders
b. Forms that must be used
c. Information that must be disclosed
d. Changes to 3002.1 effective December 1, 2018

2) Use of 3002.1 in bankruptcy court to challenge fees and payment changes
a. Example cases and briefs
b. Results for clients and
c. Attorneys fees for debtor’s counsel

3) Use of 3002.1 along with other rules (e.g. Reg X) to bring suits against mortgage companies outside of bankruptcy court.
a. FDCPA
b. FCRA
c. TILA
d. RESPA

Why You Should Attend: You want to earn additional attorneys fees reviewing all of those mortgage payment changes. Join our panel to find out how.

Advertisements

Bankruptcy News Briefs- 2/20

We made it the middle of the week. Take some time to read the following…

CFPB issues Fall 2018 semi-annual report

CFPB Publishes Final Rule on Allowable Charges for FCRA Disclosures

Most Americans With Student Loan Debt Regret It

USAA Bank’s risk management found lacking by U.S. comptroller

Smaller tax refunds compound financial worries for the 30 percent of Americans with more debt than savings

Two Court Victories Related to Identifying Creditor in Collection Letters

The Last Month in the Land of NextGen and Student Loan Servicing

Sixth Circuit Doubles Down Despite Impending U.S. Supreme Court Decision

McKinsey Agrees to Pay $15 Million to End Bankruptcy Probe

REGISTER FOR NACBA’S UPCOMING LIVE WEBINARS!

Circuit Case Law Update
Date: February 21, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: Free for NACBA Members  / $75 Non Member
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

Join us for a discussion of the most interesting recent cases from each federal circuit led by the NACBA Circuit Leader for each circuit. Stay on top of the most interesting cases from across the country.

Chapter 13 Attorney Fees
Date: March 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Edward Bolts Esq. & James Haller, Esq.
Register HERE

How to get paid prior to secured creditors and for work performed at the end of the case.

Why You Should Attend: You want to get paid for work done during the case in a timely manner and a fair amount.

SAVE THE DATES!

Bankruptcy News Briefs- 2/19

Read this Tuesday’s headlines below…

Employer-paid student loan repayment help could be coming

The Student Debt Trap: Why millennials are settling down later

Congressman Delgado discusses farm issues, student loans during town hall meeting

Is a Subprime Auto Loan Crisis Brewing?

Navient Rejects $3.2 Billion Takeover Bid From Canyon Capital, Platinum Equity

Fourth Circuit Compels Arbitration Over “Gateway” Issues Of Arbitrability

Americans — particularly millennials — are alarmingly late on car payments

Moving Up: Bankruptcy Code Dollar Amounts Will Increase On April 1, 2019

Economics Review: Foote, Christopher L. and Willen, Paul S., Mortgage-Default Research and the Recent Foreclosure Crisis (2017-10-01). FRB of Boston Working Paper No. 17-13.

CHECK OUT NACBA’S UPCOMING LIVE WEBINARS!

Circuit Case Law Update
Date: February 21, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: Free for NACBA Members  / $75 Non Member
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

Join us for a discussion of the most interesting recent cases from each federal circuit led by the NACBA Circuit Leader for each circuit. Stay on top of the most interesting cases from across the country.

Chapter 13 Attorney Fees
Date: March 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Edward Bolts Esq. & James Haller, Esq.
Register HERE

How to get paid prior to secured creditors and for work performed at the end of the case.

Why You Should Attend: You want to get paid for work done during the case in a timely manner and a fair amount.

3002.1 A Mortgage Odyssey Workshop
Date: Thursday, March 21 AND Friday March 22, 2019
Time: 3:00 PM EST to 6:00 PM EST – BOTH DAYS
Cost: $99 Member / $149 Non Member
Presenters: Marc Dann, Esq., John Rao, Esq., Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The Panel will discuss:

1) Introduction to 3002.1
a. Requirements for lenders
b. Forms that must be used
c. Information that must be disclosed
d. Changes to 3002.1 effective December 1, 2018

2) Use of 3002.1 in bankruptcy court to challenge fees and payment changes
a. Example cases and briefs
b. Results for clients and
c. Attorneys fees for debtor’s counsel

3) Use of 3002.1 along with other rules (e.g. Reg X) to bring suits against mortgage companies outside of bankruptcy court.
a. FDCPA
b. FCRA
c. TILA
d. RESPA

Why You Should Attend: You want to earn additional attorneys fees reviewing all of those mortgage payment changes. Join our panel to find out how.

Practice Pitfall Jeopardy: Practice Pitfalls and How to Avoid Them
Date: April 18, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Mary Beth Ausbrooks Esq., Jenny Doling Esq., Gene Melchionne & James Haller, Esq.
Register HERE

Don’t have a blooper reel for this year’s cases. This session will review common bloopers and how to avoid them in a game show format. Join our contestants who will be answering jeopardy type questions to win big prizes.

Why You Should Attend: Enjoy an actually fun way to learn how to deal with problem situations. Who will win the big candy bar?

Register for #NACBATheLand today!

 

Bankruptcy News Briefs- 2/15

Wrap up your work-week with the following briefs…

Bankruptcy Court Rejects Ditech’s Standing to file Mortgage Claim

Federal Watchdog Issues Scathing Report On Ed Department’s Handling Of Student Loans

Report finds problems with student loan servicing, oversight

Senator Hassan Joins in Introducing Bipartisan Legislation to Address Student Debt Crisis, Help Employers Attract and Retain Employees

Student Loans Report Finds Servicers Made Mistakes And Weren’t Held Accountable

Sen. Perdue (R-GA) Introduces Bill to Change CFPB’s Funding Source for Third Time

Can debt ruin your romance? We asked our viewers

REGISTER FOR NACBA’S UPCOMING LIVE WEBINARS!

Circuit Case Law Update
Date: February 21, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: Free for NACBA Members  / $75 Non Member
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

Join us for a discussion of the most interesting recent cases from each federal circuit led by the NACBA Circuit Leader for each circuit. Stay on top of the most interesting cases from across the country.

Chapter 13 Attorney Fees
Date: March 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Edward Bolts Esq. & James Haller, Esq.
Register HERE

How to get paid prior to secured creditors and for work performed at the end of the case.

Why You Should Attend: You want to get paid for work done during the case in a timely manner and a fair amount.

3002.1 A Mortgage Odyssey Workshop
Date: Thursday, March 21 AND Friday March 22, 2019
Time: 3:00 PM EST to 6:00 PM EST – BOTH DAYS
Cost: $99 Member / $149 Non Member
Presenters: Marc Dann, Esq., John Rao, Esq., Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The Panel will discuss:

1) Introduction to 3002.1
a. Requirements for lenders
b. Forms that must be used
c. Information that must be disclosed
d. Changes to 3002.1 effective December 1, 2018

2) Use of 3002.1 in bankruptcy court to challenge fees and payment changes
a. Example cases and briefs
b. Results for clients and
c. Attorneys fees for debtor’s counsel

3) Use of 3002.1 along with other rules (e.g. Reg X) to bring suits against mortgage companies outside of bankruptcy court.
a. FDCPA
b. FCRA
c. TILA
d. RESPA

Why You Should Attend: You want to earn additional attorneys fees reviewing all of those mortgage payment changes. Join our panel to find out how.

Practice Pitfall Jeopardy: Practice Pitfalls and How to Avoid Them
Date: April 18, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Mary Beth Ausbrooks Esq., Jenny Doling Esq., Gene Melchionne & James Haller, Esq.
Register HERE

Don’t have a blooper reel for this year’s cases. This session will review common bloopers and how to avoid them in a game show format. Join our contestants who will be answering jeopardy type questions to win big prizes.

Why You Should Attend: Enjoy an actually fun way to learn how to deal with problem situations. Who will win the big candy bar?

SAVE THE DATES! #NACBAPR

 

Bankruptcy News Briefs- 2/14

This Valentine’s Day headlines read…

Federal Student Aid: Additional Actions Needed to Mitigate the Risk of Servicer Noncompliance with Requirements for Servicing Federally Held Student Loans

FTC Returns Full Refunds to Consumers Who Paid to Lower Their Credit Card Interest Rates

New Texas Debt Buyer Legislation Would Require More Notices, Addresses Legal Actions

What You May Not Know About The Practice of “Pay-for-Delete”

Sen. Perdue (R-GA) Introduces Bill to Change CFPB’s Funding Source for Third Time

Attorney General Becerra opposes CFPB proposal to exempt companies from oversight

Senator: Let’s Take Student Loan Payments From Your Paycheck

How Dropping Out of College Affects Your Student Loans

Sen. Warner introduces bill to address student debt crisis

An explosion in auto debt threatens consumer finances, advocacy group warns

Bankruptcy News Briefs- 2/13

Check out the following news briefs…

Bankruptcy Court Highlights Broader Discharge Provisions in Chapter 13 and Finds that Converting a Case from 7 to 13 to Utilize the Broader Discharge is Not Bad Faith.

Economics Review: The Impact of Student Debt on High Value Entrepreneurship and Venture Success: Evidence from No-Loans Financial Aid Policies

Economics Review: Behavioral Effects of Student Loan Repayment Plan Options on Borrowers’ Career Decisions: Theory and Experimental Evidence

E.D.N.C- U.S. v. Boykin: Vacatur of Lower Court Order as Moot: ACA Claim as Penalty or Tax

Compliance With FCRA’s Requirement To Investigate A Dispute Within 30 Days Does Not Satisfy The FDCPA’s Requirement To Promptly Report A Disputed Debt

America’s Debt Debacle: Why are so many consumers behind on their auto loans?

Protect Retirement Funds From IRS, Taxpayer Advocate Implores

REGISTER FOR NACBA’S UPCOMING LIVE WEBINARS!

Circuit Case Law Update
Date: February 21, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: Free for NACBA Members  / $75 Non Member
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

Join us for a discussion of the most interesting recent cases from each federal circuit led by the NACBA Circuit Leader for each circuit. Stay on top of the most interesting cases from across the country.

Chapter 13 Attorney Fees
Date: March 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Edward Bolts Esq. & James Haller, Esq.
Register HERE

How to get paid prior to secured creditors and for work performed at the end of the case.

Why You Should Attend: You want to get paid for work done during the case in a timely manner and a fair amount.

3002.1 A Mortgage Odyssey Workshop
Date: Thursday, March 21 AND Friday March 22, 2019
Time: 3:00 PM EST to 6:00 PM EST – BOTH DAYS
Cost: $99 Member / $149 Non Member
Presenters: Marc Dann, Esq., John Rao, Esq., Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The Panel will discuss:

1) Introduction to 3002.1
a. Requirements for lenders
b. Forms that must be used
c. Information that must be disclosed
d. Changes to 3002.1 effective December 1, 2018

2) Use of 3002.1 in bankruptcy court to challenge fees and payment changes
a. Example cases and briefs
b. Results for clients and
c. Attorneys fees for debtor’s counsel

3) Use of 3002.1 along with other rules (e.g. Reg X) to bring suits against mortgage companies outside of bankruptcy court.
a. FDCPA
b. FCRA
c. TILA
d. RESPA

Why You Should Attend: You want to earn additional attorneys fees reviewing all of those mortgage payment changes. Join our panel to find out how.

Bankruptcy News Briefs- 2/12

Tuesday’s news briefs are…

Bankruptcy Court Denies USA’s Blanket Request for Tolling of Deadlines During Lapse of Appropriations

FTC freezes debt collectors seeking payment of ‘phantom’ debts

Federal Court in Texas Finds No Confusion Over Letter with Same Account Number for Two Separate Medical Debts

OCC Issues Statement in Support of Proposed Revisions to CFPB Payday Loan Rule

CFPB Proposes Revisions to Small-Dollar Loan Rule

House Financial Services Committee Asks CFPB for Information on No Restitution Settlements

This is the real reason most Americans file for bankruptcy

Is this the way to curb student loan defaults?

REGISTER FOR NACBA’S UPCOMING LIVE WEBINARS!

Circuit Case Law Update
Date: February 21, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: Free for NACBA Members  / $75 Non Member
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

Join us for a discussion of the most interesting recent cases from each federal circuit led by the NACBA Circuit Leader for each circuit. Stay on top of the most interesting cases from across the country.

Chapter 13 Attorney Fees
Date: March 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Edward Bolts Esq. & James Haller, Esq.
Register HERE

How to get paid prior to secured creditors and for work performed at the end of the case.

Why You Should Attend: You want to get paid for work done during the case in a timely manner and a fair amount.

3002.1 A Mortgage Odyssey Workshop
Date: Thursday, March 21 AND Friday March 22, 2019
Time: 3:00 PM EST to 6:00 PM EST – BOTH DAYS
Cost: $99 Member / $149 Non Member
Presenters: Marc Dann, Esq., John Rao, Esq., Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The Panel will discuss:

1) Introduction to 3002.1
a. Requirements for lenders
b. Forms that must be used
c. Information that must be disclosed
d. Changes to 3002.1 effective December 1, 2018

2) Use of 3002.1 in bankruptcy court to challenge fees and payment changes
a. Example cases and briefs
b. Results for clients and
c. Attorneys fees for debtor’s counsel

3) Use of 3002.1 along with other rules (e.g. Reg X) to bring suits against mortgage companies outside of bankruptcy court.
a. FDCPA
b. FCRA
c. TILA
d. RESPA

Why You Should Attend: You want to earn additional attorneys fees reviewing all of those mortgage payment changes. Join our panel to find out how.

SAVE THE DATES #NACBAPR

Join us in San Juan from December 7-9, 2019!