Hill Day

Bankruptcy News Briefs 10/26

Thursday’s Headlines…

Senate Votes to Repeal Americans’ Day in Court; Gives Wall Street a Huge Win

Language Preference Question in Uniform Mortgage Application Will Help Borrowers Gain Access to the Mortgage Market

Education Secretary Delays Student Loan Borrower Defense Rules

From the Web: Mortgages, Credit Cards Are Leading Forms of Debt for Consumers

Opinion: Senate vote overturning CFPB rule is a blow to consumer protections

Vanquish a phantom debt for good

Connecticut’s New Net Worth Requirement for Collectors

CFPB Highlights Supervisory Findings Related to Credit Cards

Stellar Recovery Secures Significant Fair Debt Collections Practices Act Victory

Trustees Triumph

Cities Seeking Debt Assistance From State Can’t File For Bankruptcy, Lawmakers Say

Bankruptcy filings for IED suspect show unpaid medical bills, crippling debt

Connecticut Senate Passes Budget With Rescue for Hartford

Register for NACBA’s Webinars!

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

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?

NACBA Membership Promotion! 

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 10/24

Dive Into Tuesday’s Headlines…

New York Court Says No Disclosure Needed When No Interest Added to a Debt

Court Properly Declined to Compel Arbitration of Educational Loan Issue

CFPB Consumer Advisory Board to Discuss Final Rule for Small-Dollar Lending Market

A Boom in Credit Cards: Great News for Banks, Less So Consumers

Chapter 13 Funds Held by Trustee Had to be Returned to Debtor, Notwithstanding Child Support Enforcement’s Demand for the Funds

Operation Chokepoint – The Report of its Death May Be an Exaggeration

‘Secret Analysis’ Pushing CFPB’s Lawyer-Friendly Rule, U.S. Senators Told

District Court Finds that Bankruptcy Court Misapplied Law Regarding Tenancy by the Entireties, Remands Case for Factual Findings

RIP Makes Final Push to Buy and Forgive $100M in Medical Debt for 2017

Treasury reports CFPB arbitration rule would impose extraordinary costs

18 Million More Reasons Debt Collectors Need to be Engaged in the Illegal Robocall Solution

Navient Loses Appeal of Bankruptcy Court’s Denial of its Motion to Compel Arbitration of Student Loan Dischargeability Issue

Elizabeth Warren Calls for SEC Insider Probe of Navient Trades

Equifax hack may shake up US consumer data laws

Register for NACBA’s Webinars!

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

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?

NACBA Membership Promotion! 

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 10/18

Midweek Headlines…

Consumer Litigation Filings Under FCRA Continue Growth

Debtors Who Placed Extravagant Lifestyle Ahead of Paying Down Massive Tax Debt Were Not Entitled to Discharge Income Taxes

Survey: The Impact of a College Degree on Financial Health

Washington District Court Adopts Seventh Circuit Analysis Regarding Collection of Time-Barred Debts

Reminder: Timely Notice of Appeal Is Jurisdictional

After Equifax breach and ahead of 2018 filing season, IRS lays out plans to defend against tax frauds

IRS suspends $7.25 million contract with Equifax after complaints from lawmakers, including Sen. Ben Sasse

Don’t Rely on U.S. Consumers to Power Global Growth

How to Reverse Medicare Surcharges When Your Income Changes

Southern District Judges Preside Over Record High Bankruptcy Cases

Register for October’s Webinar!

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

NACBA Membership Promotion! 

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 10/16

Let’s Kick Off a New Week with New Headlines…

House Subcommittee Advances Bipartisan FCC Reauthorization Bill

1099-C Filing Plus Debtor’s Income Tax Payment Equals Debt Cancellation

“Excusable Neglect” is Not a Basis for Leave to File an Untimely Proof of Claim in a Chapter 13 case

Court Denied Servicer’s Request to Reopen Chapter 13 Case in order to Correct Scrivener’s Error in Response to Trustee’s Notice of Final Cure Payment Pursuant to F.R.B.P. 3002.1

From the Web: ‘Millennials Would Choose This Job Perk Even Over Health Insurance’

CFPB Takes Action Against “Document Preparation” Company as Debt Industry Struggles to Deal With Influx of Mass Validation Requests

FTC and 11 States Announce Actions Against Student Loan Debt Relief Scams

5 charts that show older consumers’ biggest financial gripes

Monday Morning Cup of Coffee: Is the way the CFPB handles enforcement about to change?

A sign some consumers are struggling: Credit card delinquencies rose in September

New Federal Data Show a Student Loan Crisis for African American Borrowers

Florida may have outlawed the secondary sale of policies if at any time during the five year period post issuance there was a loan secured by the policy

 

Register for October’s Webinar!

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

NACBA Membership Promotion! 

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 10/13

Headlines Kicking Off the Weekend…

House Financial Services Committee Passes Legislation Against Operation Choke Point

Perkins Loan Federal Student Aid Program Expires

Latest Deadline Passes in Dept of ED Collection Case; Judge Sets New Deadline

Court Takes a Hard Line on Curing Direct Mortgage Payment Default

Help the CFPB Stop Predatory Loans From Ruining Lives

3 District Court Decisions Highlight Limits To CFPB Claims

Payday Debt Collector, Servicer Must Forgive $12M

Mortgage Abuses Against Seniors Top List Of Consumer Complaints

Debt Collector Defeats FDCPA Suit with Bona Fide Error Defense

Legislation Would Legalize ‘Valid When Made’ Rule

JPMorgan, Citigroup Expect More Credit-Card Users to Default

Solve the Student Debt Crisis

§523(a)(9) Exception to Discharge for Damage Caused by Drunk Driving Does Not Apply to Debtor Who Allowed Another Person to Driver her Car

Register for October’s Webinar!

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

NACBA Membership Promotion! 

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 10/12

Thursday’s Headlines in the Briefs...

Fed Survey: Consumers’ Pessimism About Household Finances, Credit Continues

Pennsylvania Enters into a New Era of Consumer Protection Enforcement: What Financial Services Companies Must Do Now

NCLC Report Finds Discretionary Pricing and Racial Disparities in Auto Add-on Products Sold by Car Dealers

Debtor Loses Argument that “Current Monthly Income” for the Means Test Includes Gross Income Received 60 Days Before Filing Date

OLDER CONSUMERS IN THE FINANCIAL MARKETPLACE

House Financial Services Committee Hears Bill to Exempt Lawyers from FDCPA in Connection with Legal Proceedings and Related Communications

The Sheer Magnitude of Debtor’s Overstatement of Income on Application Supported Inference of Intent to Deceive Under 523(a)(2)

Cutting Off Consumers: A new regulation will burden low- and middle-income Americans reliant on payday loans.

NAFCU supports CFPB TRID proposal to fix “black hole”

Best’s Special Report: Student Loan-Backed Securities: Top of the Class or Not Making the Grade?

New York Federal Court Holds Pre-Foreclosure Notice Is Not Subject to FDCPA

Equifax Website Hacked Again

Key House Republican Plans Bill to Rein In Credit Bureaus After Equifax Hack

Register for October’s Webinar!

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

NACBA Membership Promotion! 

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! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 10/11

Check Out the Mid-week Headlines in the Briefs…

Pennsylvania Attorney General Files Suit Against Navient; Company Responds to Allegations

Consumers Improve on Loan Payments for Second Quarter

Debt Collector Prevails in FDCPA Case About Outdated BBB Rating

Court finds that Dividend to Creditors in Chapter 13 Case is Not a Significant Factor in Attorney Fee Analysis

Recoupment permits Social Security Administration to Recover its Debt for Prepetition Sick Leave from Debtor’s Postpetition Sick Leave Without Violating Discharge Injunction

American Households Spend Bigger Slice of Income on Debt Payments

Consumer bureau’s lending rule will harm the borrowers it wants to help

It’s All in the Timing: CFPB Addresses Timing Challenges in 2016 Mortgage Servicing Rules

Despite all the attention from the Equifax breach, consumers are doing little to protect themselves

Delinquency Rate Continues at 10-year Low

Liz Weston: Debt buyer or bankruptcy to erase $16,900 balance?

Register for October’s Webinar!

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

NACBA Membership Promotion! 

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! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 10/10

Dive Into Today’s Headlines…

Bankruptcy Filings Decline Overall in 2017

Consumer Borrowing Slows on All Fronts in August

Navient Subject of AFL-CIO Call For Insider Trading Probe

Working-Class Americans Face Growing Debt Burdens, Moody’s Says

OCC Reacts To CFPB’s Final Payday Loan Rule By Rescinding Its Deposit Advance Product Guidance

What the CFPB’s New Payday Lending Rule Means for Consumers

CFPB Amends Mortgage Servicing Rule to Facilitate Communications with Borrowers

Sen. Jamie Eldridge promotes Debt Collection Fairness Act

The Saga Continues: Who, Exactly, is a Debt Collector?

CUs Near Record Share of Consumer Loans in August

Bankruptcy Isn’t for Everyone. Maybe It Should Be.

Baby Boomers Are Drowning In Student Loan Debt

Bad Advice Sparks Confusion Over Student Loan Forgiveness Eligibility

In the wake of Equifax, there’s a fourth credit bureau you might want to contact

Register for October’s Webinar!

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

NACBA Membership Promotion! 

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! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

 

Bankruptcy News Briefs 10/9

Monday’s Headlines…

Federal Judge Allows CFPB Case Against Debt Collection Law Firm to Move Forward

Experts React to FDCPA Court Decision on Emailed Validation Notice

Recoupment permits Social Security Administration to Recover its Debt for Prepetition Sick Leave from Debtor’s Postpetition Sick Leave Without Violating Discharge Injunction

Child Support Repayment Can Be Wiped Out in Bankruptcy

Dist. Ct.: 63-Year-Old Suspended Lawyer Could Not Discharge $500,000 in Student Loans Where he Made No Good Faith Effort to Pay them for 31 years

Preliminary Thoughts on the New CFPB Rule

Wife’s Solo Bankruptcy Filing Doesn’t Pass ‘Smell Test’

Lawyer Can’t Recover Costs Advanced in Chapter 13 Case

New payday loan rules: What you need to know

Loan for Medical Prep Course Can Be Wiped Out in Bankruptcy

Dead Debtor Can’t Convert Chapter 13 Case to Chapter 7

Register for October’s Webinar!

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

NACBA Membership Promotion! 

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!
  • 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 10/6

Headlines Leading Into the Weekend…

Consumer Watchdog Curbs Unaffordable 300% Payday Loans

Court Awards NACBA Member $119, 952.24 in Fees and Expenses in Defending Against Portfolio Recovery Associates’ Appeal of Order Sanctioning It

Early analysis – Credit unions see numerous improvements in CFPB final short-term, small-dollar rule

PA attorney general says ‘deceptive’ Navient took $4 billion out of student loan holders’ pockets

GOP polling firm: Bipartisan support for consumer bureau arbitration rule

Another lesson from Equifax – We must end the predatory consumer practice of forced arbitration

Robert Samuelson: The resilient American consumer

Bankruptcy filings trend lower through three quarters of 2017

Appeal Pending in Bankruptcy Case Regarding Tuition Payments

Judge Orders Bank of America to Redo Settlement in Mortgage Dispute

IRS Gives Equifax Multimillion-Dollar Deal Despite Massive Data Breach

NACBA’s 2017 Hill Day!

NACBA is excited for 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

NACBA’s October Webinar Lineup!

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

NACBA Membership Promotion! 

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!
  • 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!