Consumer Bankruptcy Journal

Bankruptcy News Briefs 8/28

Fresh Headlines for a New Week…

Clark v. Rameker Does Not Limit State IRA Exemption

Consumer Litigation Cases Decline Under FCRA, FDCPA, and TCPA

From the Web: Survey Shows Most Consumers Lag in Checking Credit Report

Circuit Court: Disallowed Portion of State’s DSO Claim Not Subject to the Discharge Injunction

Chapter 13 Debtor May Confirmed Plan to Surrender Collateral and Reclassify Claim as Unsecured

CFPB Could Scale Back Payday Lending Rule To Get It Done

Wells Fargo wants court to toss overdraft lawsuits and let it use arbitration

CFPB Issues Temporary Amendment to HMDA Rule Reporting Threshold

Trustee’s Motion to Dismiss Chapter 7 Case for Bad Faith was Untimely and Moot when filed 4 Months After Debtor Received Discharge

CFPB’s New Regulatory Inquiry Process: Ask And Ye Shall Receive?

Eleventh Circuit Recognizes Partial Consent Revocation under the TCPA

CFPB releases state-level data on student debt impact on older borrowers

Quality Over Quantity

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!

Take an in-depth look at, “The Bankruptcy Crisis in Chicago,” with authors, Steven Fox and J. Scott Bovits 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!

 

Bankruptcy News Briefs 8/25

Let’s Wrap Up the Week…

New Law Outlines Requirements for Debt Buyers in Oregon

OCC Rejects ‘Tactics and Goals’ of Operation Choke Point

CFPB Director’s Op-Ed ‘Disregards’ Facts on Effects of Arbitration Rule

‘White Lies’ Can’t Prevent Debtor’s Bankruptcy Discharge

Group sues Lowell court over debt collection practices

CFPB Calls for Court to Stop Order Against DOE’s Collection on Defaulted Loans

Damages for Copyright Violation Can’t Be Wiped Out in Bankruptcy

DC Cir. Confirms Mediation Not Required Prior to Judicial Foreclosure

Long Arms of the CFPB Don’t Exclude Healthcare Providers

CFPB Sides with ED in RFP Litigation and the Court’s Preliminary Injunction Prohibiting New Placements

American Express Settles With CFPB on Discriminatory Card Terms

Regulators, consumers target student debt servicer Navient

Ferguson VS Navient

Read the Transcript for Ferguson vs Navient. This is a new area of law dealing with those types of student loans that are not automatically excepted from discharge. It shows that debtors who went through bankruptcy years ago with dischargeable student loans and have been hounded into repaying these discharged loans have a remedy for relief and punitive sanctions.  Submitted by Austin Smith.

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!

We have a special President’s Report in this quarter’s Consumer Bankruptcy Journal. NACBA’s President Jim Haller had the pleasure of honoring several distinguished members of NACBA at the 25th Annual Convention. Each year we honor members and key allies for their extraordinary service. Take a moment to review the President’s Report and the awards that were given to our incredible recipients!

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 8/24

Check Out What’s Happening in the News…

Court to Hear Wells Fargo’s Bid to Block 49-State Overdraft Fee Class Action

California District Court Dismisses FDCPA Claim Over a Potential Convenience Fee for Lack of Article III Standing Under Spokeo

TCPA Student Loan Calls Case Dismissed – Court Determines TCPA Exception Applied

District Court: Bankruptcy Discharge did Not render Arbitration Agreement Unenforceable in FCRA Case

District Court Finds that Bankruptcy Court Could exercise its Civil Contempt Power under 11 U.S.C. §105(a) to remedy Violations of Discharge Injunction by City and School District

Student Loan Company Accused of Mismanaging Debt Forgiveness Program

American Express to pay $96 million over discriminatory card terms

JPMorgan, debt collector agrees to $4.3 mln settlement

Eleventh Circuit Moves Toward Bright Line Rule That Debtors Cannot Retain Real Property Post- Discharge Without Reaffirming the Mortgage Debt

Ferguson VS Navient

Read the Transcript for Ferguson vs Navient. This is a new area of law dealing with those types of student loans that are not automatically excepted from discharge. It shows that debtors who went through bankruptcy years ago with dischargeable student loans and have been hounded into repaying these discharged loans have a remedy for relief and punitive sanctions.  Submitted by Austin Smith.

Register for Today’s NACBA Webinar!

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
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.

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

As a member of NACBA, we know that one of the most valued membership benefits is the ability to correspond with your colleagues. NACBA’s online community, NACBA Connect enables you to join discussions, post questions and interact with your peers on a daily basis if you choose. Gene Melchionne’s article, “The Listserv is Dead! Long Live the Listserv,” gives you advice on how to get the most out of NACBA’s Online Community environment with clear and concise steps that will get you linked to your peers.

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 8/22

We Find Headlines for You…

Fed Reports Record High for Consumers’ Household Income Growth Expectations

District Court Holds 1099-C Language Not in Violation of FDCPA or ICAA

When the Stay Terminates, it Ceases to Protect the Repeat-filing Debtor and all of that Debtor’s Property, including Property of the Estate

Spokeo Update: Ninth Circuit Holds that Plaintiff Adequately Alleged Article III Standing

CFPB Unveils New Form For Requesting Guidance

Feds Investigating Wells Fargo Sudden Account Closures

Lawyers Must Face Debt Collection Lawsuit, Appeals Court Says

What Prepaid Card Rules Did On Their Summer Vacation

ED NY Holds ‘Door Knocker’ Notice Did Not Violate FDCPA, But ‘Hello Letter’ May Have

Settlement wipes away student loan debt for 41,000

Bank of America to Pay $6 Million to Bankrupt Couple Evicted From Home

Ferguson VS Navient

Read the Transcript for Ferguson vs Navient. This is a new area of law dealing with those types of student loans that are not automatically excepted from discharge. It shows that debtors who went through bankruptcy years ago with dischargeable student loans and have been hounded into repaying these discharged loans have a remedy for relief and punitive sanctions.  Submitted by Austin Smith.

Register for This Month’s NACBA Webinar!

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
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.

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

The weekend is a perfect time to read the comprehensive compilation of, “Cases in Review,” brought to you by the National Consumer Bankruptcy Rights Center and Consumer Bankruptcy Abstract and Research 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!

Bankruptcy News Briefs 8/21

Headlines Kicking Off a New Week…

Court Rejects “Certainty of Hopelessness” and Limits Repayment Period

U.S. Department of Justice Responds to Lawmakers’ Call to End Operation Choke Point

CFPB report details who gets hit by overdraft fees

Forecast: Abundance of Potential New Rulemaking From the CFPB

Consumer Debt Reaches New Peak: Will Losses Follow?

Proposed Bankruptcy Rule Changes Ready for Public Comment

US DEPARTMENT OF EDUCATION STRIPS PROTECTION FOR STUDENTS AT FOR-PROFIT COLLEGES

This Week In Credit Card News: Card Debt Is Rising; Buffet Investing More In Credit Card Industry

How the CFPB’s arbitration rule hurts consumers and helps lawyers

Student Debt Up, Homeownership Down

Ferguson VS Navient

Read the Transcript for Ferguson vs Navient. This is a new area of law dealing with those types of student loans that are not automatically excepted from discharge. It shows that debtors who went through bankruptcy years ago with dischargeable student loans and have been hounded into repaying these discharged loans have a remedy for relief and punitive sanctions.  Submitted by Austin Smith.

Register for This Month’s NACBA Webinar!

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
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.

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

The weekend is a perfect time to read the comprehensive compilation of, “Cases in Review,” brought to you by the National Consumer Bankruptcy Rights Center and Consumer Bankruptcy Abstract and Research 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!

 

Bankruptcy News Briefs 8/18

Headlines Leading Into the Weekend…

Report: Loan Originations Decline Across Credit Products

Corinthian Colleges Students Set to Get $183 Million Break on Bad Loans

Court Must Consider Totality of the Circumstances when Determining if Debtor Intended to Evade or Defeat Taxes

U.S. Supreme Court Dismisses Writ in Recharacterization of Debt Proceeding

What to Expect If the GOP Takes Control of the CFPB

The Imaginary Debt Crisis Is Here to Stay

Five state regulators enter into settlement agreement with debt collectors for alleged federal and state law violations

Democratic Staff From The House Financial Services Committee Defend The CFPB

From the Top In Brief – July/August 2017

BAR ASSOCIATION TASK FORCE TO RETHINK LEGAL EDUCATION

The Latest Predatory Banking Practice You Haven’t Heard About: Auto Loans

Student loan debt crushing older Americans too

Register for This Month’s NACBA Webinar!

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
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.

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

The weekend is a perfect time to read the comprehensive compilation of, “Cases in Review,” brought to you by the National Consumer Bankruptcy Rights Center and Consumer Bankruptcy Abstract and Research 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!

 

Bankruptcy News Briefs 8/17

Headlines Making News…

Consumer Spending Levels Out in June

Section 553 of the Bankruptcy Code Preserves Rather Than Creates Setoff Rights

Total Household Debt Reaches a Record High

Senator Calls on Bank CEOs to Go on Record

Scam Claiming that Consumers Can Access Unpaid Social Security to Pay Debts Could Prove Costly

Abandonment of Acceleration

Bank’s Claim Allowed to Extent of State Court Foreclosure Judgment as Well as Post-Judgment Charges Reassessable Under State Law

Average student debt doubles in a decade

NAFCU asks Consumer Financial Protection Bureau to rescind prepaid account rule

Couple alleges debt collector violated phone privacy laws

Register for This Month’s NACBA Webinar!

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
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.

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

If you are interested in digital advertising for your firm, you’ll want to read Robert Hoglund’s article, “Digital Advertising Part II, Nine Things Your Salesperson May Not Want You To Know,” in today’s Consumer Bankruptcy Journal Highlight to avoid the common pitfalls so that you can take advantage of the benefits of digital advertising.

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 8/16

Midweek News…

Oregon’s District Court: Collection Agencies’ Omissions Don’t Automatically Equal Malevolence

Student Debt Collector Was ‘Abusive’: MN Commerce Dept.

BANKING Bucking The Recent Trend, Discover’s Charge-Offs Fell Last Month

Federal Judge Rules Bankrupt Woman Will Not Have Student Loans Discharged

One major way U.S. credit card debt is getting worse

NACBA Webinars!

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
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.

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

Not only does NACBA have an empowering webinar that will help you to unlock the power of social media, but Stephen Fairley from the Rainmaker Institute has also dropped more knowledge in his article, “What’s Your Excuse For Not Having a Law Firm Marketing Plan,” in the Consumer Bankruptcy Journal. Read why a marketing plan is essential to the growth of your firm and not just a side note.

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 8/15

In Tuesday’s Headlines…

Suit against federal student loan servicer can proceed

Chapter 13 Debtor, Who Could Not Get Automatic Stay, Had Standing to Enforce Co-Debtor Stay, and the Post-petition Sale of Her Home was Void

Amazon Prime, eBay Passwords Sought from Bankruptcy Debtors

Sen. Warren questions bank CEOs on CFPB’s plan to eliminate arbitration clause

No interest? No Disclosure? No Problem!

Debt Collector Prevails by Using Safe Harbor Language on Letters in Current Balance Case

Court Rules That Purchaser of Defaulted Debt Is Not “Debt Collector” Under FDCPA

NACBA Webinars!

 

 

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
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.

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

 

 

 

 

 

 

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 the requirements and start referring today!

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 8/14

Kicking Off the Week With New Headlines…

Lawmakers Demand Plan for Action to End Operation Choke Point

Number of workers raiding retirement funds rises

Appeals Court Creates TCPA Compliance Rule: Honor the “Call Me Sometimes” Request

Wells Fargo Scandal Helps Consumer Advocates in CFPB Rule Fight

City Could Not Avoid Liability for Stay Violation by Invoking Sovereign Immunity Defense Based on State Law

Minnesota, Other States Reach Settlement Over Improper Debt Collection Practices

Debtor Stated Plausible Claims for Stay and Discharge Violations, Beating Servicers’ Motion to Dismiss, Where Servicers’ Notices Claimed “Action Required” and that “Delinquency” Existed

Court Awarded No Damages to Debtor for Willful Stay Violation Since Debtor Failed to Mitigate Damages

How More Americans Are Getting a Perfect Credit Score

You Owe IRS Taxes: What Do You Do? (Part 1)

Unfiled Tax Returns: What Do You Do? (Part 2)

Consumer debt is at a record high. Haven’t we learned?

NACBA Webinars!

 

 

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
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.

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

 

 

 

 

 

 

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 the requirements and start referring today!

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!