Consumer Bankruptcy Journal

Bankruptcy News Briefs- 4/5

Thursday’s headlines include…

Legal Institutions Are Not Prepared For More Student Loan Bankruptcies

Consumer files suit against Midland Credit Management Inc. over language in letter

CFPB requests public input on financial education programs

Older people increasingly loaded down with personal debt

What Consumers Can Expect From Rising Interest Rates

Think twice about retirement when picking a kid’s college

Student loans, home prices to blame for millennials’ low consumer confidence

A Look at Geographic Distribution of Student Debt

Don’t forget to check out the Winter 2018 Consumer Bankruptcy Journal!

Visit the CBJ to read these articles and more!

Register for NACBA’s Webinars!

UPCOMING LIVE WEBINARS

Improve Your Bottom Line with Fillable PDFs.
Tips, Tricks & Little Known Tools in Using Acrobat Efficiently
Date: May 24, 2018
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 Minutes)
Cost: No Cost – Member Benefit Webinar
Presenters: Rachel Foley, Esq. & John Colwell, Esq.

Register HERE

Fillable PDFs can dramatically improve your bottom line by decreasing the turnaround time to receive information from your client while improving the accuracy of that information. Fillable PDFs are fast and easy to use, reduce/eliminate costly errors, provide 100% legible text, increase workflow and productivity, and are easy to update and archive. Learn from our experts how to create fillable PDFs to improve your bankruptcy practice!

Circuit Case Law Update
Date: ON DEMAND
Time: ON DEMAND
Cost: Free for NACBA Members
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

Attending #NACBADEN? Download the CONVENTION APP!

And stay up to date on the convention schedule. Visit the Annual Convention site for more on convention speakers, pre-convention sessions and more! Register today!

NACBADEN for Google Play

NACBADEN for Apple

Bankruptcy News Briefs- 3/29

Kick back and check out a few of today’s headlines …

Massachusetts education financing group ends membership in national association over student loan debate

nprED: Dept. Of Education Fail: Teachers Lose Grants, Forced To Repay Thousands In Loans

Sen. Brian Schatz The student debt crisis threatens the American way of life. Washington can’t keep ignoring it.

Tax Refund Garnished Due to Student Loan Default? Here’s How to Get It Back

Warren: Republicans Remain Silent as Mulvaney’s CFPB Ducks Oversight

npr: Episode 832: Mulvaney Vs The CFPB

Don’t forget to check out the Consumer Bankruptcy Journal!

Features in this quarter’s issue include:

  • The President’s Report
  • Six Secrets of the IRS Account Transcripts
  • Court Won’t Let Bank of America “Buy’ and “Bury” Judgment Against It
  • Notice of Elections

Visit the CBJ to read these articles and more!

Register for NACBA’s Webinars!

UPCOMING LIVE WEBINARS

Improve Your Bottom Line with Fillable PDFs.
Tips, Tricks & Little Known Tools in Using Acrobat Efficiently
Date: May 24, 2018
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 Minutes)
Cost: No Cost – Member Benefit Webinar
Presenters: Rachel Foley, Esq. & John Colwell, Esq.

Register HERE

Fillable PDFs can dramatically improve your bottom line by decreasing the turnaround time to receive information from your client while improving the accuracy of that information. Fillable PDFs are fast and easy to use, reduce/eliminate costly errors, provide 100% legible text, increase workflow and productivity, and are easy to update and archive. Learn from our experts how to create fillable PDFs to improve your bankruptcy practice!

Circuit Case Law Update
Date: ON DEMAND
Time: ON DEMAND
Cost: Free for NACBA Members
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

#NACBADEN is just around the corner! Don’t forget to download the CONVENTION APP!

And stay up to date on the convention schedule. Visit the Annual Convention site for more on convention speakers, pre-convention sessions and more! Register today!

NACBADEN for Google Play

NACBADEN for Apple

 

Bankruptcy News Briefs- 3/28

Wednesday’s headlines read…

CFPB Issues FAQs on Mortgage Servicing Rules on the Eve of Compliance Deadline

Congress must act before America falls into a student loan debt crisis

Student Loan Forgiveness Program Receives New Life With $350 Million Concession

United States: CFPB Issues RFI On Inherited Regulations

Senate Democrats warn Mick Mulvaney against repealing payday loan rule

Elizabeth Warren wants to grill likely New York Fed president on Wells Fargo oversight

7th Circuit Holds Verification Requirement is of Debt Collector’s Records, not Creditor’s

House Committee Okays Bill to Amend FDCPA to Exclude Law Firms from Definition of “Debt Collector”

CFPB’s payday loan rule would be tossed under Lindsey Graham resolution

Senate Resolution Would Weaken Protections In Auto Lending Discrimination

This Democratic Senator Has a Plan to Make College Debt-Free for All

Senate banking bill would aid mobile housing, and the House wants to add to it

Have you read the Consumer Bankruptcy Journal?

Features in this quarter’s issue include:

  • The President’s Report
  • Six Secrets of the IRS Account Transcripts
  • Court Won’t Let Bank of America “Buy’ and “Bury” Judgment Against It
  • Notice of Elections

Visit the CBJ to read these articles and more!

Register for NACBA’s Webinars!

UPCOMING LIVE WEBINARS

Improve Your Bottom Line with Fillable PDFs.
Tips, Tricks & Little Known Tools in Using Acrobat Efficiently
Date: May 24, 2018
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 Minutes)
Cost: No Cost – Member Benefit Webinar
Presenters: Rachel Foley, Esq. & John Colwell, Esq.

Register HERE

Fillable PDFs can dramatically improve your bottom line by decreasing the turnaround time to receive information from your client while improving the accuracy of that information. Fillable PDFs are fast and easy to use, reduce/eliminate costly errors, provide 100% legible text, increase workflow and productivity, and are easy to update and archive. Learn from our experts how to create fillable PDFs to improve your bankruptcy practice!

Circuit Case Law Update
Date: ON DEMAND
Time: ON DEMAND
Cost: Free for NACBA Members
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

Attending #NACBADEN? Download the CONVENTION APP!

And stay up to date on the convention schedule. Visit the Annual Convention site for more on convention speakers, pre-convention sessions and more! Register today!

NACBADEN for Google Play

NACBADEN for Apple

Bankruptcy News Briefs- 3/23

Wrapping up this week with the following bankruptcy related news…

How to Get Student Loans for Your Child When You Have Credit Card Debt

How The Fed Rate Increase Impacts Credit Card Debt

CFPB Seeks Applicants for Advisory Boards and Councils

Exclusive: Trump official quietly drops payday loan case, mulls others – sources

FTC and New York Attorney General Reach Settlements in Long-Running Debt Collection Scheme

House Financial Services Committee Approves Bill to Exclude Attorneys from FDCPA

House Financial Services Committee Approves Change to Payday Lending Rule

Study: Medical Expenses Cause Close to 4% of Personal Bankruptcies—not 60%

Check out the Consumer Bankruptcy Journal

Features in this quarter’s issue include:

  • The President’s Report
  • Six Secrets of the IRS Account Transcripts
  • Court Won’t Let Bank of America “Buy’ and “Bury” Judgment Against It
  • Notice of Elections

Visit the CBJ to read these articles and more!

Register for NACBA’s Webinars!

UPCOMING LIVE WEBINARS

Improve Your Bottom Line with Fillable PDFs.
Tips, Tricks & Little Known Tools in Using Acrobat Efficiently
Date: May 24, 2018
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 Minutes)
Cost: No Cost – Member Benefit Webinar
Presenters: Rachel Foley, Esq. & John Colwell, Esq.

Register HERE

Fillable PDFs can dramatically improve your bottom line by decreasing the turnaround time to receive information from your client while improving the accuracy of that information. Fillable PDFs are fast and easy to use, reduce/eliminate costly errors, provide 100% legible text, increase workflow and productivity, and are easy to update and archive. Learn from our experts how to create fillable PDFs to improve your bankruptcy practice!

Circuit Case Law Update
Date: ON DEMAND
Time: ON DEMAND
Cost: Free for NACBA Members
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

Attending #NACBADEN? Download the CONVENTION APP!

And stay up to date on the convention schedule. Visit the Annual Convention site for more on convention speakers, pre-convention sessions and more! Register today!

NACBADEN for Google Play

NACBADEN for Apple

Bankruptcy News Briefs- 3/22

Thursday’s headlines read…

How often do medical problems lead to bankruptcy?

Retailers filing for bankruptcy or going out of business in 2018

House Committee Approves Legislation to Amend FDCPA and Regulations of Debt Collection Attorneys

Debt collection still a big source of consumer complaints

Get ready for most competitive spring home buying season since the Great Recession

CFPB handled over 84K debt collection complaints last year: Report

How today’s Fed rate hike will affect your finances

Read this quarter’s issue of the Consumer Bankruptcy Journal

Features in this quarter’s issue include:

  • The President’s Report
  • Six Secrets of the IRS Account Transcripts
  • Court Won’t Let Bank of America “Buy’ and “Bury” Judgment Against It
  • Notice of Elections

Visit the CBJ to read these articles and more!

Register for NACBA’s Webinars!

Circuit Case Law Update
Date: ON DEMAND
Time: ON DEMAND
Cost: Free for NACBA Members
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

UPCOMING LIVE WEBINARS

Improve Your Bottom Line with Fillable PDFs.
Tips, Tricks & Little Known Tools in Using Acrobat Efficiently
Date: May 24, 2018
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 Minutes)
Cost: No Cost – Member Benefit Webinar
Presenters: Rachel Foley, Esq. & John Colwell, Esq.

Register HERE

Fillable PDFs can dramatically improve your bottom line by decreasing the turnaround time to receive information from your client while improving the accuracy of that information. Fillable PDFs are fast and easy to use, reduce/eliminate costly errors, provide 100% legible text, increase workflow and productivity, and are easy to update and archive. Learn from our experts how to create fillable PDFs to improve your bankruptcy practice!

Attending #NACBADEN? Download the CONVENTION APP!

And stay up to date on the convention schedule. Visit the Annual Convention site for more on convention speakers, pre-convention sessions and more! Register today!

NACBADEN for Google Play

NACBADEN for Apple

Bankruptcy News Briefs- 3/21

Starting of Wednesday with these headlines…

People with massive student debt hope President Trump will let them declare bankruptcy

CFPB to Work With FTC on Policing Debt Collectors

Betsy DeVos Is More Out of Touch on Student Debt than You Even Thought

United States: Dismissal Of “Marijuana” Bankruptcy Not Automatic As Bankruptcy Appellate Court Overturns Dismissal Of Bankruptcy Case Of Landlord Debtor With Dispensary Tenant

Consumer Watch: Changes in student loan discharge

Why reverse mortgages are a harder sell now

CFPB and FTC Report on 2017 Activities to Combat Illegal Debt Collection Practices

This Community Has 17% More Student Loan Debt. Is Bankruptcy The Answer?

1 in 10 Members of Congress Has Student Loan Debt

DC NEWS JUNKIE | DeLauro Clashes With DeVos on Student Loans

Consumer lawyers want to end Education Department’s partial student debt relief plan

Have you read the latest edition of the Consumer Bankruptcy Journal?

Features in this quarter’s issue include:

  • The President’s Report
  • Six Secrets of the IRS Account Transcripts
  • Court Won’t Let Bank of America “Buy’ and “Bury” Judgment Against It
  • Notice of Elections

Visit the CBJ to read these articles and more!

Register for NACBA’s Webinars!

Circuit Case Law Update
Date: ON DEMAND
Time: ON DEMAND
Cost: Free for NACBA Members
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

UPCOMING LIVE WEBINARS

Improve Your Bottom Line with Fillable PDFs.
Tips, Tricks & Little Known Tools in Using Acrobat Efficiently
Date: May 24, 2018
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 Minutes)
Cost: No Cost – Member Benefit Webinar
Presenters: Rachel Foley, Esq. & John Colwell, Esq.

Register HERE

Fillable PDFs can dramatically improve your bottom line by decreasing the turnaround time to receive information from your client while improving the accuracy of that information. Fillable PDFs are fast and easy to use, reduce/eliminate costly errors, provide 100% legible text, increase workflow and productivity, and are easy to update and archive. Learn from our experts how to create fillable PDFs to improve your bankruptcy practice!

 

Who’s Ready for the 2018 NACBA Annual Convention?!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive and we don’t want you to miss out on this awesome Annual Convention!

Bankruptcy News Briefs 3/15

Extra, Extra! Read all about Thursday’s headlines…

Over 14,000 individuals discharged from bankruptcy status between 2013 and 2017 (Updated)

Is bankruptcy an option when illness wrecks finances?

Q&A: Student Loan Borrowers With Seized Tax Refunds

American women hold two-thirds of all student debt—here’s why

Most couples plan to start married life with this costly ball and chain

Student Loan Debtors Getting Kicked Out of Income Driven Plans in Bankruptcy

2nd Circuit finds bankruptcy claim non-arbitrable

South Dakota bankruptcy filings on the rise

Community bankers say Senate bill will not impact HDMA reporting

Judge Refuses to Put Debt Collector “Between a Rock and a Hard Place”

Court Of Appeal Finds Mortgage Servicer To Be A Debt Collector

National credit card debt hits $1 trillion

 Have you read the latest edition of the Consumer Bankruptcy Journal?

Features in this quarter’s issue include:

  • The President’s Report
  • Six Secrets of the IRS Account Transcripts
  • Court Won’t Let Bank of America “Buy’ and “Bury” Judgment Against It
  • Notice of Elections

Visit the CBJ to read these articles and more!

Register for NACBA’s Webinars!

TODAY: Escrow Shortage Claims
Date: March 15, 2018
Time: 1:00 PM Eastern / 10:00 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Tara Twomey, Esq. & John Rao, Esq.

Have you ever received a mortgage arrearage claim including a hefty escrow shortage? This webinar will examine how to review that claim for accuracy and how to explain it to your client. Don’t miss this opportunity to save yourself time and aggravation when reviewing these claims.

Register HERE

Circuit Case Law Update
Date: ON DEMAND
Time: ON DEMAND
Cost: Free for NACBA Members
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

Who’s Ready for the 2018 NACBA Annual Convention?!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive and we don’t want you to miss out on this awesome Annual Convention!

Bankruptcy News Briefs 10/27

Headlines Leading Into the Weekend…

Different State Laws Make for Different Treatment of Lease vs. Security Agreement Issue

CFPB Issues Principles on Financial Data Sharing

Tax Relief for Farmer Bankruptcies Clears Congress

SCOTUS Considers Standard of Review on Bankruptcy Insider Claims

Debtor’s ‘Spend-Money-to-Make-Money Scheme’ Backfires With IRS

From the Web: Students Face ‘Tough Options’ after Perkins Loan Program Expires

Trustee’s Complaint for Fraudulent Transfer Against University for Tuition Paid by Debtors for Daughter Dismissed

IRS Barred From Challenging Confirmed Chapter 11 Plan

Court Rejects Debt Collector’s Bid for Second Bite at the Apple

Americans are already showing signs of maxing out on debt

Eleventh Circuit Narrows Application of Judicial Estoppel

Register for November’s Webinar!

How to Introduce an Appraiser’s Testimony and Appraisal as Evidence in Bankruptcy Court

Date: Thursday, November 9, 2017, 3:00 PM – 4:15 PM Eastern
Presented By: James J. Haller, Esq.
Cost:  $25 Member / $75 Non Member
Register: HERE

What’s New at NACBA?

 It’s The End of the Month Renew Your Membership for a Chance to Win 2 Great Resources!

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver! Registration opens November 13,2017!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 

Bankruptcy News Briefs 8/30

Catch Up On Midweek Headlines…

FTC Alleges Extensive FDCPA Violations Against North Carolina Debt Collection Operation

FCC Committee to Consider Recommendation on Blocking Unwanted Calls

Illinois Governor Vetoes ‘Student Loan Servicing Rights Act’

3 Lessons You Should Take From the Latest 1099(c) Letter Case

Court Rules Revocation of Consent for One Creditor Does Not Revoke Consent for Another

ED Updates Court on Debt Collection RFP Status; Requests Extension

Report: States Battle to Restrain High-Cost Installment Loans

Court Gets It Wrong on Exempt Property as Disposable Income

Court Hits Nationstar with $40,000 in Punitive Damages since its Delay in Following Court Orders Caused Debtor to Incur Damages

Consumer claims Premier Recovery Group attempted to collect already settled alleged debt

Student loan balances jump nearly 150 percent in a decade

“Modest” Overstatements of Amount Due and Interest Rate Actionable Under FDCPA, Ninth Circuit Rules

Upcoming Webinar!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BY: Edward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non Member
REGISTER: HERE

 

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

In today’s Consumer Bankruptcy Journal highlight read, “In re: Kearney (kearney vs Navient Solutions Inc. et. al )Adv. Case  No. 16-3024-Southern District of Ohio Western Division at Dayton,” by Brian Flick, Esq.

Exciting Upcoming Events

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

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 8/29

Check Out Today’s Headlines…

From the Web: CFPB Expected to ‘Scale Back’ Rule on Small-Dollar Lending

Another U.S. District Court Rules Human Call Initiator is Not an ATDS

Court Dismisses CFPB Lawsuit Due to Willful Failure to Participate in Discovery and Obey Court Orders

Advocates File Amicus Brief To Defend Consumers Against Capital One Overdraft Fee Practice

CFPB Releases Misleading Report On Social Security Deferral Strategies

A Law Firm ‘Cleverly’ Used Ellipses to Fight a CFPB Investigation. But It Still Lost.

Debt Collector Not Liable Under The TCPA For Post-Revocation Calls Made On Behalf Of A Different Creditor

Debt collector accused of violating phone privacy law

Ohio Number One For Student Loan Debt

If anti-consumer bank law is passed, more Wells Fargo-like scandals are coming

Consumer Credit: Privilege Or Entitlement?

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.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

Andrew Carroll gives an insight into a rather complicated matter in his article,” The Preemption of State Court Claims Based on Frivolous Bankruptcy Actions: When the Overwhelming Weight of the Authority Isn’t Enough,” in today’s Consumer Bankruptcy Journal highlight.

Exciting Upcoming Events!

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

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!