Bankruptcy News

Bankruptcy News Briefs 6/23

Hospital Loses Loan Lawsuit

Medical Debt Collector Settles CFPB Enforcement Action

Caulkett Does Not Affect Lien-Stripping in Chapter 13

Madoff Trustee’s High Court Rebuff May Cut Victim Recoveries

As Corinthian Claim Deadline Approaches, Few Students Expected to File

Companies to Pay Restitution to Settle Charges of Illegal Activity

CFPB Wants Search Engines to Help Stop Student Debt Scams

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Bankruptcy News Briefs 6/22

Firms Charged with Discriminatory Auto Loan Pricing Paying Back $80M

Courts Rule That Disabled Woman Living Below the Poverty Line Must Repay Student Loans

One of Three Illinois Cases Gets it Right in FDCPA Case

SEC Fights Challenges to Its In-House Courts

It’s Nearly Impossible for Student Loan Co-Signers to Get off the Hook

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New NACBA State Chair Announced For Georgia

Atlanta Attorney Alex Dolhancyk Tackles New Role Leading Education Program for National Association of Consumer Bankruptcy Attorneys

The National Association of Consumer Bankruptcy Attorneys (NACBA) announced that Atlanta bankruptcy attorney Alex Dolhancyk of The Dolhancyk Law Firm in Jonesboro, GA will serve as its new state chair representing Georgia.

As NACBA’s state chair in Georgia, Dolhancyk will serve as the official liaison between the group’s leadership in Washington, D.C. and its member attorneys, bankruptcy judges and other court officials in the state, as well as serving as a primary contact for local media regarding consumer bankruptcy issues.

Serving approximately 3,500 members in all 50 states and Puerto Rico, NACBA is the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy.

Alex Dolhancyk said: “NACBA’s efforts in advocating debtor’s rights at the national level is unequaled.  I am honored to work with NACBA’s leadership and Georgia attorneys in continuing that effort.”

NACBA Executive Director Dan LaBert said: “Our leadership team is dedicated to continuing our mission in Georgia to help to protect the rights of families in financial distress at a grassroots level. Our national membership is supported by a strong network of state chairs appointees.  Alex is a longstanding NACBA member and will make an excellent state chair in Georgia.  We look forward to working closely with him to represent bankruptcy attorneys and their important policy objectives across a wide range of issues.”

Dolhancyk has represented consumer debtors in bankruptcy cases for over 27 years. He is licensed to practice in Georgia, Tennessee and New York, and has numerous reported cases in the Northern District of Georgia bankruptcy.  Dolhancyk is board certified in consumer bankruptcy law, and is an active member of the Bankruptcy Law section of the Georgia Bar Association and in the Metro Atlanta Consumer Bankruptcy Attorney Group. He holds an LLM in Business Law from Emory University.

Bankruptcy News Briefs 6/19

CFPB Takes Action Against Medical Debt Collector, Largely For Lack of Policies and Procedures

Banks Handed Defeat on Robo-Calling Rules

Federal Communications Commission Approves Ruling on the Telephone Consumer Protection Act

Elizabeth Warren Intervenes in Search for New York Financial Regulator

The Ayes Have It” — FCC Passes Declaratory Ruling on Portions of the TCPA

6/18/2015: FCC’s Post-TCPA Decision Press Release

CFPB Finds 90 Percent Rejection Rate For Student Loan co-Signers Seeking Release

Access Playback NACBA to Listen to the Session from the 23rd Annual Convention 

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Bankruptcy News Briefs 6/18

CFPB Sues Servicemember Auto Lender for Collection Tactics

FCC Commissioner Warns TCPA Overhaul Could Help Lawyers, Hurt Consumers

CFPB Issues its Seventh Semi-Annual Report to Congress

Regulator Restricts Mortgage Operations of Six Big Banks

Bruce Levitt Prevails in NJ Bankruptcy Court Ruling Allowing Chapter 13 Debtors to Strip Off Condo Association Liens

High Stakes and a Potential Standoff Over Student-Loan Debt Relief

Gov. Rick Scott signs bad timeshare law

Consumer watchdog says goodbye to student loan pointman

NACA and NCLC: House Moves to Weaken the Consumer Financial Protection Bureau

Consumers to CFPB: End Forced Arbitration

FCC Protects Consumers from Unsolicited Robocalls and Texts to Cell Phones and Moves to Modernize Lifeline Program

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Bankruptcy News Briefs 6/17

New York DFS Releases New Clarifications on Debt Collection Requirements

FTC Debt Collection Dialogue Focuses on Enforcement, Rules in the Industry

Advocates Applaud HUD on New Reverse Mortgage Policy that Could Reduce Foreclosures on Surviving Spouses

First Circuit Opinion Heavy on Vocabulary, Light on Logic

U.S. Senators Propose Military Consumer Protection Act

Collection Agency Settles Five-Year-Old Lawsuit

Vital Signs for Mortgage Market; Credit Scores Rebound

New Debt Collection Guidance from New York

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Bankruptcy News Briefs 6/16

“Strip, Strip Hooray!” – Supreme Court Settles Chapter 7 Lien-Stripping Debate

Regulators Hold Collection Dialogue in Industry Hub

Foreclosure, Short Sale Decline Adds to Housing Inventory Woes

Agreement Aims to Help “Credit Invisibles”

12 New FAQs from the NYDFS Offer Some Clarification for Debt Collectors and Debt Buyers

New York AG’s Office Compels Collectors to Help Root Out Bad Players in the Industry

U.S. Supreme Court Bars Some Fees Sought by Bankruptcy Lawyers

California Has to Repay $331 Million to Homeowners Fund, Court Rules

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Bankruptcy News Briefs 6/15

Free Debt Repository Service to Bring “Permanent Closure” to Settled Debts

Short-Term Lending Battle Brews in South Dakota

Private Student-Loan Market Shows Declining Delinquencies

Now in the CFPB’s Sights: Collectors Hired by State & Local Government Agencies

Corinthian Colleges Grilled Over How It Failed

Check Out the Latest Issues of The Consumer Bankruptcy Journal

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NCBRC Succeeds in Limiting Caulkett Bad News to Chapter 7

The Supreme Court’s Caulkett decision, reversing the 11th Circuit’s ruling that chapter 7 debtors could strip off totally underwater mortgages, was disappointing, if not totally unexpected.  As amicus, NCBRC had considered the risk that an unfavorable, overly broad opinion in this case could negatively impact lien-stripping in chapter 13 and, in addition to arguing for affirmance, specifically sought to limit any holding to chapter 7 cases and to preserve the right to strip liens in chapter 13. This effort was successful. In fact, Justice Thomas’s remarks reinforce the continued validity of the widely accepted interpretation of Nobelman in chapter 13. This case should have no effect at all on lien-stripping in chapter 13.

Caulkett simply reaffirms the holding in Dewsnup which applies only in chapter 7 cases. The opinion made this clear in several ways. First, the court distinguished Nobelman, stating that Nobelman “addressed the interaction between the meaning of the term “secured claim” in § 506(a) and an entirely separate provision, §1322(b)(2).” (emphasis supplied) Second, while stating that it is may be inadvisable to adopt a line-drawing test where a difference of $1 could have an arbitrary impact, the court nonetheless found that such tests are appropriate where Congress has drawn the line, as the court had found it had done in Nobelman. Third, the conclusion of the opinion states “a debtor in a Chapter 7 bankruptcy proceeding may not void a junior mortgage lien under §506(d) when the debt owed on a senior mortgage lien exceeds the current value of the collateral.”

The NCBRC amicus brief was the only one to focus on limiting any decision to chapter 7.  This is another example of the importance of NCBRC’s work, which can only continue with your support. Please donate at www.ncbrc.org

New NACBA State Chair Announced For Eastern Pennsylvania

Philadelphia Attorney Stephen Dunne Tackles New Role Leading Education Program for National Association of Consumer Bankruptcy Attorneys

The National Association of Consumer Bankruptcy Attorneys (NACBA) announced that Philadelphia bankruptcy attorney Stephen M. Dunne of Dunne Law Offices will serve as its new state chair representing Eastern Pennsylvania.

As NACBA chair of Eastern Pennsylvania, Dunne will serve as the official liaison between the group’s leadership in Washington, D.C. and its member attorneys, bankruptcy judges and other court officials in the state, as well as serving as a primary contact for local media regarding consumer bankruptcy issues.

Serving approximately 3,500 members in all 50 states and Puerto Rico, NACBA is the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy.

Stephen Dunne said: “It is an honor and a privilege to be nominated to serve as the Eastern Pennsylvania State Chair of the National Association of Consumer Bankruptcy Attorneys.  NACBA works tirelessly to ensure the voices of consumer debtors and their attorneys are heard in the halls of Congress.  I am grateful for the opportunity to serve as State Chair and I look forward to protecting and enhancing the rights of consumer bankruptcy debtors.”

NACBA Executive Director Dan LaBert said: “Our leadership team is dedicated to continuing our mission in Pennsylvania to help to protect the rights of families in financial distress at a grassroots level. Our national membership is supported by a strong network of state chairs appointees.  Stephen is a longstanding NACBA member and will make an excellent state chair in Eastern Pennsylvania.  We look forward to working closely with him to represent bankruptcy attorneys and their important policy objectives across a wide range of issues.”

Dunne was named “Pennsylvania Super Lawyer” by Philadelphia Magazine.  His legal analysis has been featured on Fox News, The Philadelphia Inquirer, Philadelphia Daily News and The Nation.

As an undergraduate at Penn State University, Dunne served as an infantry soldier in the Pennsylvania National Guard and as a cadet in the R.O.T.C. Later, he attend the New England School of Law in Boston, interned at the Boston Stock Exchange and clerked for McGarthy & Ged. Through these experiences early in his legal career, Dunne developed an interest in helping people find financial relief through legal action.