Bankruptcy News

Bankruptcy News Briefs- 10/18

Happy Friday! Check out these headlines…

From DOJ: Means Testing

CFPB’s Proposed Debt Collection Rule: Perspectives from the Comment Period

Three Hot Topics—and Some Partisan Squabbling—Highlighted at Kraninger’s Congressional Hearing

Senators Press CFPB To Dig Into Problems With Public Service Student Loan Program

BREAKING: Trump Administration Blocked Attempts to Address Public Service Loan Forgiveness Problems

CFPB Issues Final HMDA Rule Offering Relief to Smaller Institutions and Credit Unions

Three New California Laws Will Impact Consumer Credit

Consumer Financial Protection Bureau Oversight

The Rental Economy Is at Risk in a Downturn

The Student Debt Crisis Is Crushing Entrepreneurship

Congress: Pay Off Student Loans This Way

Hill staffers worried about expenses turn to student loan benefit

Hayes, Takano Introduce Legislation To Relieve Teacher Student Debt

REGISTER FOR NACBA’S LIVE WEBINARS!

Defense of Section 523 Adversary Proceedings
Date: November 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Tara Salinas, Esq., William Brewer Esq. & James Haller, Esq.
Register HERE

The panel will primarily focus on Sections 523(a)(2), (4) and (6) and Section 1328(a)(4), awards of attorney 7s fees under Section 523(d); defending collateral estoppel effect of pre-bankruptcy default judgments; Rules 12(b)(6) motions to dismiss under Ashcroft v Iqbal.

Why You Should Attend: You need to know how to properly defend a dischargeability proceeding and get paid for your work.  Everyone has to defend against dischargeability complaints by creditors.  The information in this workshop will be invaluable to prepare your defense.

Robin Hood and His Merry Bankruptcy Attorneys: How to Recover Wage Garnishments as Preferential/Fraudulent Transfers for your clients and get paid for doing it.
Date: November 21, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: David Gunn, Esq. & James Haller, Esq.
Register HERE

The panel will discuss the law and practice of recovering wage garnishments as fraudulent transfers and the potential to request additional attorneys fees for a recovery.

Why You Should Attend: You want to make additional income in cases where your clients have been garnished. This session will discuss how and when to recover garnished funds and get paid.

Consumer Bankruptcy Watch: What’s Hot in Consumer Bankruptcy Law Today
Date: December 5, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The panel will cover the latest hot topic in consumer bankruptcy law, including any pending cases before the Supreme Court and important Court of Appeals cases to watch.

Why You Should Attend: Don’t be the last to know what issues are coming next to a court near you. Find out what to expect by learning about the trends and case law are working their through the courts.

Means Test Game Show: Is it income or an expense?
Date: December 19, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Jenny Doling, Esq., Marybeth Ausbrooks, Esq., Gene Melchionne Esq. & James Haller, Esq.
Register HERE

Join our holiday panel for a game show quiz focusing on allowable or required income and expenses. You can’t lose even if you get the answers wrong..

Why You Should Attend: Ask yourself these questions. Is a withdrawal from a 401k income that should push your client into a five year plan? Is a 401k contribution a permissible expense? Is child support that isn’t received income? Is child support that is not being paid an expense? Your client wants to claim $900.00 in pet expenses for 8 pets. Is that expense ridiculous? Can you justify it? Learn the answers to these questions and more. Come join us!

Advertisements

Bankruptcy News Briefs- 10/17

The latest consumer and bankruptcy briefs are…

CFPB debate highlights Warren’s new status as the 2020 Democratic frontrunner

Exclusive: Turf War Blocked CFPB From Helping Fix Student Loan Forgiveness Program

CFPB Chief Wants Constitutional Question Fixed ‘Once and for All’

IRS Warns of Scams Related to Privatized Debt Collection

High Court Must Define Meaning of Silence in Debt Collection Case

Highland Unit Files Bankruptcy Over Disputed Crisis-Era Fund

FirstEnergy Solutions wins court approval for bankruptcy plan following labor agreement

The Explosion Of Personal Loans Is A Troubling Sign

Bernie Sanders Wants To Get Rid Of Your Past-Due Medical Bills

Pennsylvania leads nation in student loan debt, and new lawmaker wants to know why

Foster’s bill aims to help public employees with student loans

Warren to DeVos: Drop Navient’s Contract

Justices Scratch Heads About When Clock Pauses for FDCPA Suits

Argument Day is Here: U.S. Supreme Court Reviews Whether Discovery Rule Applies to FDCPA Claims

REGISTER FOR NACBA’S LIVE WEBINARS!

Top 20 Cases You Must Know for Your Bankruptcy Practice.
Date: October 17, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Nathan Juster, Esq. & James Haller, Esq.
Register HERE

From projected disposable income and attorneys’ fees to bankruptcy court jurisdiction, this session will cover fundamental cases that you need to know.

Why You Should Attend: You must know the major guideposts to give your clients accurate advice. Make sure you are following these important cases and using them to your client’s benefit.

Defense of Section 523 Adversary Proceedings
Date: November 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Tara Salinas, Esq., William Brewer Esq. & James Haller, Esq.
Register HERE

The panel will primarily focus on Sections 523(a)(2), (4) and (6) and Section 1328(a)(4), awards of attorney 7s fees under Section 523(d); defending collateral estoppel effect of pre-bankruptcy default judgments; Rules 12(b)(6) motions to dismiss under Ashcroft v Iqbal.

Why You Should Attend: You need to know how to properly defend a dischargeability proceeding and get paid for your work.  Everyone has to defend against dischargeability complaints by creditors.  The information in this workshop will be invaluable to prepare your defense.

Robin Hood and His Merry Bankruptcy Attorneys: How to Recover Wage Garnishments as Preferential/Fraudulent Transfers for your clients and get paid for doing it.
Date: November 21, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: David Gunn, Esq. & James Haller, Esq.
Register HERE

The panel will discuss the law and practice of recovering wage garnishments as fraudulent transfers and the potential to request additional attorneys fees for a recovery.

Why You Should Attend: You want to make additional income in cases where your clients have been garnished. This session will discuss how and when to recover garnished funds and get paid.

Consumer Bankruptcy Watch: What’s Hot in Consumer Bankruptcy Law Today
Date: December 5, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The panel will cover the latest hot topic in consumer bankruptcy law, including any pending cases before the Supreme Court and important Court of Appeals cases to watch.

Why You Should Attend: Don’t be the last to know what issues are coming next to a court near you. Find out what to expect by learning about the trends and case law are working their through the courts.

Means Test Game Show: Is it income or an expense?
Date: December 19, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Jenny Doling, Esq., Marybeth Ausbrooks, Esq., Gene Melchionne Esq. & James Haller, Esq.
Register HERE

Join our holiday panel for a game show quiz focusing on allowable or required income and expenses. You can’t lose even if you get the answers wrong..

Why You Should Attend: Ask yourself these questions. Is a withdrawal from a 401k income that should push your client into a five year plan? Is a 401k contribution a permissible expense? Is child support that isn’t received income? Is child support that is not being paid an expense? Your client wants to claim $900.00 in pet expenses for 8 pets. Is that expense ridiculous? Can you justify it? Learn the answers to these questions and more. Come join us!

 

Bankruptcy News Briefs- 10/15

Take some time to read these headlines…

District Court Confirms Debtor’s Absolute Right to Dismissal under Section 1307

All American Check Cashing and CFPB submit letter briefs to Fifth Circuit

CFPB issues Spring 2019 semi-annual report; Director Kraninger to appear before House Financial Services Committee on Oct. 16 and Senate Banking Committee on Oct. 17

Balance Transfers are up 38% Since 2015 — Here’s Why

Appeals Court Revives Student Debt-Collection Dispute After Bankruptcy Discharge

Jury trials over medical debt to start in February; VanderSloot slams ‘misleading’ MRS statement

Zombie debts are hounding struggling Americans. Will you be next?

Woman celebrates paying off her student loans with funeral-themed photo shoot

America Is Drowning in a Student Loan Crisis

University researchers release study on racial disparities in the student loan system

Study: Your Credit Card Debt Is Making You Sick

The U.S. Consumer Looks Healthy. Here Are the Weak Links That Should Worry Investors.

Interest Rates Are Falling—but Your Credit-Card Rate Could Be Going Up

Puerto Rico’s Messy Bankruptcy May Get Even Messier

Sears and Kmart closing more stores in late 2019 and early 2020. Is your location closing?

REGISTER FOR NACBA’S LIVE WEBINARS!

Top 20 Cases You Must Know for Your Bankruptcy Practice.
Date: October 17, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Nathan Juster, Esq. & James Haller, Esq.
Register HERE

From projected disposable income and attorneys’ fees to bankruptcy court jurisdiction, this session will cover fundamental cases that you need to know.

Why You Should Attend: You must know the major guideposts to give your clients accurate advice. Make sure you are following these important cases and using them to your client’s benefit.

Defense of Section 523 Adversary Proceedings
Date: November 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Tara Salinas, Esq., William Brewer Esq. & James Haller, Esq.
Register HERE

The panel will primarily focus on Sections 523(a)(2), (4) and (6) and Section 1328(a)(4), awards of attorney 7s fees under Section 523(d); defending collateral estoppel effect of pre-bankruptcy default judgments; Rules 12(b)(6) motions to dismiss under Ashcroft v Iqbal.

Why You Should Attend: You need to know how to properly defend a dischargeability proceeding and get paid for your work.  Everyone has to defend against dischargeability complaints by creditors.  The information in this workshop will be invaluable to prepare your defense.

Robin Hood and His Merry Bankruptcy Attorneys: How to Recover Wage Garnishments as Preferential/Fraudulent Transfers for your clients and get paid for doing it.
Date: November 21, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: David Gunn, Esq. & James Haller, Esq.
Register HERE

The panel will discuss the law and practice of recovering wage garnishments as fraudulent transfers and the potential to request additional attorneys fees for a recovery.

Why You Should Attend: You want to make additional income in cases where your clients have been garnished. This session will discuss how and when to recover garnished funds and get paid.

Consumer Bankruptcy Watch: What’s Hot in Consumer Bankruptcy Law Today
Date: December 5, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The panel will cover the latest hot topic in consumer bankruptcy law, including any pending cases before the Supreme Court and important Court of Appeals cases to watch.

Why You Should Attend: Don’t be the last to know what issues are coming next to a court near you. Find out what to expect by learning about the trends and case law are working their through the courts.

Means Test Game Show: Is it income or an expense?
Date: December 19, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Jenny Doling, Esq., Marybeth Ausbrooks, Esq., Gene Melchionne Esq. & James Haller, Esq.
Register HERE

Join our holiday panel for a game show quiz focusing on allowable or required income and expenses. You can’t lose even if you get the answers wrong..

Why You Should Attend: Ask yourself these questions. Is a withdrawal from a 401k income that should push your client into a five year plan? Is a 401k contribution a permissible expense? Is child support that isn’t received income? Is child support that is not being paid an expense? Your client wants to claim $900.00 in pet expenses for 8 pets. Is that expense ridiculous? Can you justify it? Learn the answers to these questions and more. Come join us!

NACBA’s Members-Only Workshop is set to take place this December 7-9, 2019 at the beautiful beachfront Wyndham Grand Rio Mar Beach Resort & Spa. You do not want to miss out on the golden sand, turquoise waters and tropical breezes while getting the latest tips and tools to help your clients and grow your practice.

Bankruptcy News Briefs- 10/11

This Friday’s headlines read…

Estate Debt Coalition Responds to CFPB’s NPRM on Debt Collection Practices with Focus on Decedent Debt

CFPB’s Semi-Annual Report Contains Some, But Not Much, Information About Debt Collection

CA enacts law prohibiting postsecondary schools from withholding transcripts as debt collection tool

Employers Try a New Perk: Matching Student Loan Payments With 401(k) Contributions

Black women bear largest burden in student debt crisis

Joe Biden: Here’s My $750 Billion Plan To Fix Student Loans

Argument preview: A conflict between plain text and background rules

CFPB Gives Lenders a Break on Mortgage Data Reporting

Bankruptcy judge complicates PG&E’s Ch. 11 plan

‘Dirt for Debt’ in Bankruptcy Plans of Reorganization

REGISTER FOR NACBA’S LIVE WEBINARS!

Top 20 Cases You Must Know for Your Bankruptcy Practice.
Date: October 17, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Nathan Juster, Esq. & James Haller, Esq.
Register HERE

From projected disposable income and attorneys’ fees to bankruptcy court jurisdiction, this session will cover fundamental cases that you need to know.

Why You Should Attend: You must know the major guideposts to give your clients accurate advice. Make sure you are following these important cases and using them to your client’s benefit.

Defense of Section 523 Adversary Proceedings
Date: November 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Tara Salinas, Esq., William Brewer Esq. & James Haller, Esq.
Register HERE

The panel will primarily focus on Sections 523(a)(2), (4) and (6) and Section 1328(a)(4), awards of attorney 7s fees under Section 523(d); defending collateral estoppel effect of pre-bankruptcy default judgments; Rules 12(b)(6) motions to dismiss under Ashcroft v Iqbal.

Why You Should Attend: You need to know how to properly defend a dischargeability proceeding and get paid for your work.  Everyone has to defend against dischargeability complaints by creditors.  The information in this workshop will be invaluable to prepare your defense.

Robin Hood and His Merry Bankruptcy Attorneys: How to Recover Wage Garnishments as Preferential/Fraudulent Transfers for your clients and get paid for doing it.
Date: November 21, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: David Gunn, Esq. & James Haller, Esq.
Register HERE

The panel will discuss the law and practice of recovering wage garnishments as fraudulent transfers and the potential to request additional attorneys fees for a recovery.

Why You Should Attend: You want to make additional income in cases where your clients have been garnished. This session will discuss how and when to recover garnished funds and get paid.

Consumer Bankruptcy Watch: What’s Hot in Consumer Bankruptcy Law Today
Date: December 5, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The panel will cover the latest hot topic in consumer bankruptcy law, including any pending cases before the Supreme Court and important Court of Appeals cases to watch.

visit studentdebtbomb.com

Bankruptcy News Briefs- 10/09

New bankruptcy briefs read…

CFPB Files Complaint Against Company for Alleged Misrepresentations to Consumers in Violation of Regulation O and CFPA

House leaders ask Supreme Court to reject Trump challenge to consumer bureau

House of Representatives seeks leave from SCOTUS to file amicus brief in Seila Law; Seila Law files reply brief with SCOTUS

Trump to Curb Use of Federal Guidance in Issuing Regulations

Don’t Fall For This $5 Million Student Loan Scam

Rep. Carbajal introduces bill to reduce student loan debt nationwide

Biden pitches free community college, expanded loans in higher education plan

Column: New California law blocks debt collectors from emptying your bank account

Judge: DeVos could face jail over student debt collection

Debt Collection Atty Uses Lender Arbitration Pact To Halt Suit

The crushing weight of medical debt

Court: Expert witness can’t testify about emotional distress to woman suing Equifax, debt collector in identity theft case

Wildfire victims request $13.5B in claims in PG&E bankruptcy

REGISTER FOR NACBA’S LIVE WEBINARS!

Home Owner’s Association Fees and Bankruptcy
Date: October 10, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Lee Rowland, Esq., Christina Henry Esq. & James Haller, Esq.
Register HERE

The treatment of Homeowner’s Association Fees in bankruptcy is a complex question. Are they dischargeable in chapter 7 and chapter 13? Does Rule 3002.1 apply? Can underwater HOA liens be avoided? This webinar will answer these questions and more as we explore the treatment of HOA fees in bankruptcy.

Why You Should Attend: HOAs can be aggressive in attempting to collect their debt. You won’t want to miss this program which will discuss ways to reduce or eliminate HOA fees and liens through bankruptcy.

Top 20 Cases You Must Know for Your Bankruptcy Practice.
Date: October 17, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Nathan Juster, Esq. & James Haller, Esq.
Register HERE

From projected disposable income and attorneys’ fees to bankruptcy court jurisdiction, this session will cover fundamental cases that you need to know.

Why You Should Attend: You must know the major guideposts to give your clients accurate advice. Make sure you are following these important cases and using them to your client’s benefit.

Bankruptcy News Briefs- 10/04

Start your weekend early with these news briefs…

Booker-Requested Report From NY Fed Details Gross Racial Disparities in Student Debt

Consumer Bankers Association comments on CFPB’s proposed debt collection rule

CFPB Proposes Debt Collection Rule that Congress Rejected [Podcast]

Payday lender challenges CFPB constitutionality in Supreme Court petition

CFPB announces new members for advisory committees

Forever 21’s bankruptcy signals shifting priorities of young shoppers

Barneys Finds a Potential Buyer in Bankruptcy Court

Credit Card Debt is Delaying Millennials’ Dreams

NYC Report Proposes Requiring Debt Collectors to Provide Better Services for Consumers with Limited English Proficiency

A Look At Millennial Student Debt

Purdue Challenged Over Attempt to Pay $38 Million in Bonuses

Small Business Reorganization Act of 2019 Goes into Effect February 2020

What to Know About Missing a Student-Loan Payment

Veterinarian suicides on the rise: Student loan debt, compassion fatigue among factors in suicide increase

REGISTER FOR NACBA’S OCTOBER WEBINARS!

Home Owner’s Association Fees and Bankruptcy
Date: October 10, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Lee Rowland, Esq., Christina Henry Esq. & James Haller, Esq.
Register HERE

The treatment of Homeowner’s Association Fees in bankruptcy is a complex question. Are they dischargeable in chapter 7 and chapter 13? Does Rule 3002.1 apply? Can underwater HOA liens be avoided? This webinar will answer these questions and more as we explore the treatment of HOA fees in bankruptcy.

Why You Should Attend: HOAs can be aggressive in attempting to collect their debt. You won’t want to miss this program which will discuss ways to reduce or eliminate HOA fees and liens through bankruptcy.

Top 20 Cases You Must Know for Your Bankruptcy Practice.
Date: October 17, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Nathan Juster, Esq. & James Haller, Esq.
Register HERE

From projected disposable income and attorneys’ fees to bankruptcy court jurisdiction, this session will cover fundamental cases that you need to know.

Why You Should Attend: You must know the major guideposts to give your clients accurate advice. Make sure you are following these important cases and using them to your client’s benefit.

Don’t miss out on the early bird members-only rate for #NACBAPR!

Register now!

Bankruptcy News Briefs- 10/02

Get over the mid-week blues with these headlines…

Old and Cold Offshore Asset Protection Trust Assets Not Reachable by U.S. Creditors

3 reasons Forever 21 went bankrupt

Drugmakers want to join Purdue Pharma’s bankruptcy to settle US opioid suits

CFPB Announces Additions to Executive Team

The Seven-Year Auto Loan: America’s Middle Class Can’t Afford Its Cars

Appellate Veterans Jockey at SCOTUS to Contest Consumer Bureau

New SCOTUS petition: CFPB enforcement must be undone if agency is unconstitutional

Sen. Brown Demands Answers From CFPB On Why Funds Were Not Returned To Harmed Consumers

Kraninger as CFPB Sheriff and the Potential Impact of the 2020 Presidential Election

Del. Judge Latest To Ax Gov’t Robocall Exemption From TCPA

Despite Holding the TCPA’s Government Debt Exemption is Unconstitutional, the District of Massachusetts Permits Class Claims to Move Forward

4 Things to Never Give a Debt Collector Over the Phone

Debt Collectors Target Consumers of Color, People Making Less Than $50K

1 in 4 millennials are keeping a money secret from their partner

Gov. Raimondo Ceremonially Signs Student Loan Bill Of Rights

Minnesota woman’s ‘bizarre and surreal’ decades-long student loan dispute

Crises Collide: Low Teacher Pay Intensifies Student Loan Debt Crisis for Educators

NY AG leading charge to stop proposal allowing debt collectors to use social media

REGISTER FOR NACBA’S LIVE WEBINARS!

Home Owner’s Association Fees and Bankruptcy
Date: October 10, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Lee Rowland, Esq., Christina Henry Esq. & James Haller, Esq.
Register HERE

The treatment of Homeowner’s Association Fees in bankruptcy is a complex question. Are they dischargeable in chapter 7 and chapter 13? Does Rule 3002.1 apply? Can underwater HOA liens be avoided? This webinar will answer these questions and more as we explore the treatment of HOA fees in bankruptcy.

Why You Should Attend: HOAs can be aggressive in attempting to collect their debt. You won’t want to miss this program which will discuss ways to reduce or eliminate HOA fees and liens through bankruptcy.

Top 20 Cases You Must Know for Your Bankruptcy Practice.
Date: October 17, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Nathan Juster, Esq. & James Haller, Esq.
Register HERE

From projected disposable income and attorneys’ fees to bankruptcy court jurisdiction, this session will cover fundamental cases that you need to know.

Why You Should Attend: You must know the major guideposts to give your clients accurate advice. Make sure you are following these important cases and using them to your client’s benefit.