Bankruptcy News

Bankruptcy News Briefs 7/13

End of the Week Headlines…

Consumer Borrowing Reaches Highest Increase Since Last Fall

House Subcommittee Considers Bills, Including Debt Collection

Court Applied §105 to Remove Debtor from Joint Chapter 7 Case Since She was Not Eligible for a Discharge Based on Prior Filing with Last 8 Years

Senate Commerce Committee Sets Nomination Hearing for FCC Commissioners

Controversial CFPB Rule Exposes Financial Services Companies to Greater Class Action Risk

CFPB Proposes Changes to Prepaid Card Rule

Judge bars Lowell attorney from threatening debtors with jail

Woman claims Vision Financial implied she could be charged debt collection fee

Mortgage Servicer’s Transfer Notice Violates FDCPA

States Fight to Protect Students of Schools

A GOP congressman wants to make sure the Fed isn’t planning a student loan bailout

NACBA’s Webinar Summer Lineup

Learn more about these timely and informative webinars and register today!

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out theRequirements and start referring today!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

Bankruptcy News Briefs 7/12

What’s Happening in Midweek News? Take a Look…

Dept. of Defense Did Not Violate the Automatic Stay When it Offset Debtor’s Tax Refunds to Pay Non-Dischargeable Pre-Petition Debt

Consumers’ and Businesses’ Bankruptcy Filings Increase in June

Legislation to End Operation Choke Point Expected for Markup After August Recess

Third Circuit Rules Single Phone Call Sufficient to Create Standing in TCPA Claim

Deadline for Revocation of Discharge Not Jurisdictional

Democrats Ask FTC to Review IRS Private Debt Collection Scripts

Betsy DeVos Sued Again for ‘Devastating’ Suspension of Student Loan Protections

Things That Go Down, Must Go Up?

U.S. Consumer Borrowing Posts Biggest Increase In Six Months

Don’t Miss These Informative Webinars This Summer!

July’s Webinar

Is there Life After HAMP? Now what?
The End of HAMP: Understanding Proprietary Modifications
Date: Thursday, July 20, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: O. Max Gardner III, Roberto (Bobby) Rivera
Cost: $25 NACBA Member / $75 Non-Member
Register HERE

August’s Webinar

Reverse Mortgages & Bankruptcy
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non-Member
Register HERE

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out theRequirements and start referring today!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

Bankruptcy News Briefs 7/11

CFPB Rule Restores Consumers’ Day in Court Over Financial Misconduct

Calls to Consumer Prior to Processing Cease & Desist Letter Do Not Violate FDCPA

U.S. Banking Group Anticipates Modest Growth in Economy in 2018

Appellate Court Reignites Single-Call TCPA Case

Equity Does Not Permit Court to Fix Congress’ Mistake Nearly 40 Years Ago Regarding Exemptability of Personal Injury Awards

Debtors Entitled to Attorneys Fees for Defending Adversary Proceeding Brought by Creditor That Failed to Properly Investigate the Facts and was Not Substantially Justified in Bringing Action

CFPB issues executive summary of TRID Rule amendments

CFPB’s long-awaited arbitration rule may be a short-lived victory for consumers

Credit Agencies To Ease Up On Medical Debt Reporting

Consumer Credit Rose $18.4 Billion in May, Most in 6 Months

Richmond widow fights to get around advisor’s bankruptcy

Don’t Miss These Informative Webinars This Summer!

July’s Webinar

Is there Life After HAMP? Now what?
The End of HAMP: Understanding Proprietary Modifications
Date: Thursday, July 20, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: O. Max Gardner III, Roberto (Bobby) Rivera
Cost: $25 NACBA Member / $75 Non-Member
Register HERE

August’s Webinar

Reverse Mortgages & Bankruptcy
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non-Member
Register HERE

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out theRequirements and start referring today!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

Bankruptcy News Briefs 7/10

News Kicking Off  Your Week…

Fifth Circuit Rules Consumer’s § 1692e(8) FDCPA Claim Not Foreclosed by Consumer’s Failure to Timely Dispute Debt

Section 707(b) Applies to Converted Cases

National Consumer Law Center Advocates Condemn U.S. Department of Education Blocking Important Protections against For-Profit School Fraud

NCLC Attorney to Testify at U.S. Department of Education In Support of Important Protections against For-Profit School Fraud

Court Found Cause to Grant Ex-Wife Relief from the Stay in Order to Have a State Court Issue a QDRO

Creditor’s Subrogation Lien that Arose by Operation of State Law Post-petition was Not a Violation of the Automatic Stay since the Creditor had not Taken “Any Act” to Create the Lien

Court Finds Condo Association Attorneys’ Fees to be Unreasonable Where COA Referred Debtor to its Attorneys Instead of Dealing with the Debtor’s Concerns Directly

Court Sanctions Debtor’s Counsel under Rule 9011 for Filing Stale, Incomplete Petition for an Improper Purpose

Cold Case: Bankruptcy Reopened More Than 80 Years Later

Don’t Miss These Informative Webinars This Summer!

July’s Webinar

Is there Life After HAMP? Now what?
The End of HAMP: Understanding Proprietary Modifications
Date: Thursday, July 20, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: O. Max Gardner III, Roberto (Bobby) Rivera
Cost: $25 NACBA Member / $75 Non-Member
Register HERE

August’s Webinar

Reverse Mortgages & Bankruptcy
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non-Member
Register HERE

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out theRequirements and start referring today!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

Bankruptcy News Briefs 7/6

Today’s Headlines…

$25 Medical Bill Turns into $34,500 TCPA Judgment and FDCPA Claim for Damages Still to be Litigated

States sue Betsy DeVos over student loan rule delay

Federal Reserve Report Affirms Importance of Debt Collection in the Credit Ecosystem

Court Denied Stay Violation Claims Against Servicer Under §362(k) for Insufficient Service of Process and Lack of Evidence

SCOTUS Clarifies Who Is A Debt Collector Under FDCPA

CFPB protects Americans from predatory loan sharks

Morrisey reaches settlement with New York debt collectors

Debt collection bill heads to Gov. Brown’s desk

D. Scott Carruthers, SFM-6 LLC accused of abusive debt collection practices

Credit Card Debt Shrank in Early 2017

West Virginia settlement erases some consumer debts

Senate bill would provide student loan debt relief

District Court Rules that Plaintiff’s Prior Bankruptcy Does Not Preclude Products Liability Suit Involving Pelvic Mesh

Don’t Miss These Informative Webinars This Summer!

July’s Webinar

Is there Life After HAMP? Now what?
The End of HAMP: Understanding Proprietary Modifications
Date: Thursday, July 20, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: O. Max Gardner III, Roberto (Bobby) Rivera
Cost: $25 NACBA Member / $75 Non Member
Register HERE

August’s Webinar

Reverse Mortgages & Bankruptcy
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non Member
Register HERE

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out theRequirements and start referring today!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

Bankruptcy News Briefs 7/5

Midweek Headlines..

Survey: American Households Still Face Lingering Economic Challenges from Great Recession

Some Federal Student Loans Cancelled in New Jersey

Life Insurance Proceeds that Debtor Received More than 180 Days After Filing Chapter 13 Case were Property of the Estate

Change how CFPB is run

Proposals to change student loan rules could upend industry

Attorney for Chapter 13 Debtors Not Entitled Fees Above the Local “No Look” Fee Where the Disclosure of Compensation Conflicted With Plan Provision on Fees

Court rules that debtors may claim exemption for HSAs

District Court of New Jersey Holds No Duty Under FDCPA to Warn of Tax Consequences for Debt Settlement

Study: Debt collection complaints from CT military members low

Consumers on a healthier credit footing but unsure on their scores

Don’t Miss These Informative Webinars This Summer!

July’s Webinar

Is there Life After HAMP? Now what?
The End of HAMP: Understanding Proprietary Modifications
Date: Thursday, July 20, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: O. Max Gardner III, Roberto (Bobby) Rivera
Cost: $25 NACBA Member / $75 Non Member
Register HERE

August’s Webinar

Reverse Mortgages & Bankruptcy
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non Member
Register HERE

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out theRequirements and start referring today!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

Bankruptcy News Briefs 7/3

Just a Few Headlines Before the Holiday…

Chapter 7 Debtor Beat U.S. Trustee’s Motion to Dismiss where UST failed to show Debtor’s Filing was an Abuse under the Totality of the Circumstances

CFPB hits credit repair execs for $2M over illegal fees

Consumer accuses debt collector of illegal practices

Civil Judgments to Be Removed from All Credit Reports

SCOTUS Takes Bankruptcy Case Recharacterizing Debt as Equity

Watch Out Dodd-Frank

Fannie Mae making it easier to spend half your income on debt

Secured Creditor Can’t File Late Claim in Chapter 13

Two New NACBA Webinars This Summer!

 

 

 

 

July’s Webinar

Is there Life After HAMP? Now what?
The End of HAMP: Understanding Proprietary Modifications
Date: Thursday, July 20, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: O. Max Gardner III, Roberto (Bobby) Rivera
Cost: $25 NACBA Member / $75 Non Member
Register HERE

August’s Webinar

Reverse Mortgages & Bankruptcy
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non Member
Register HERE

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out theRequirements and start referring today!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!