NACBA Webinars

Bankruptcy News Briefs 1/3

Midweek Headlines…

ICYMI: U.S. District Court Hears Oral Arguments in CFPB Leadership Case

Circuit Court: Debtor Claiming Federal exemptions under § 522 of the Bankruptcy Code May Exempt a 100% Interest in an Asset in Certain Situations

 Even Though it Resulted in Windfall for Undeserving Defendant, Court Applied Judicial Estoppel Against Debtor who Failed to Amend Bankruptcy Schedules to Disclose the Existence of Litigation

CFPB Report: Consumer Credit Market Remains Largely Stable

$119,000 Sanctions for Discharge Injunction Violations

Plaintiff/Debtor Loses Motion In Limine to Exclude Student Loan Promissory Note since NCSLT Witness Testimony May be able to Authenticate the Full Document

Mulvaney Updates CFPB Mission

CFPB Credit Card Market Report Addresses Collections and Recovery

U.S. appeals court revives proposed debt collection class action

Miami-Dade Clerk Wins Dismissal of Lawsuit Over 40 Percent Collection Fee

Average American’s Holiday Debt Goes Up 5 Percent

Nationwide consumer debt higher than ever before

Kick Off the New Year with A New Webinar!

Stump the Chumps!
Date: Thursday, January 11, 2018
Time: 11:30 AM Eastern / 8:30 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: James J. Haller, John C. Colwell, Ed Boltz, Gene Melchionne and Henry Sommer

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! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 1/2

Let’s Kick Off 2018 With New Headlines…

Plaintiff/Debtor Loses Motion In Limine to Exclude Student Loan Promissory Note since NCSLT Witness Testimony May be able to Authenticate the Full Document

Court Grants Stay Relief to Creditor that was Defrauded by Borrowers’ Agent in “Hijacking” Scheme

Court Allowed Debtors to Convert Case to Chapter 13 in order to Sell Their Home, Over Objections from the IRS and Trustee

2017 marked a year of tearing down consumer protections ‘brick by brick’

Eastern District of New York Grants Motion to Dismiss FDCPA Current Balance Claim

With student debt rising, attorney general calls for legislation regulating lenders

Cuomo proposes reforms to aid students taking out loans

CFPB changes tone in third biennial CARD Act report

Both sides grossly overstate consumer watchdog’s impact

Local bankers weigh in on latest trends in consumer debt

Student loan debt in Washington state reaches highest level at $24.4B

A Peek Into American Debt by Generation

CFPB Withdraws Its Consumer Disclosures Survey Signaling That Debt Collection Rulemaking Is No Longer At The Top Of The CFPB’s Priorities

Northern District of New York: No FDCPA Violation Where Pre-Judgment Interest Not Disclosed in Collection Letters

Recession created ‘perfect storm’ for sharp rise in student loan debt

Kick Off the New Year with A New Webinar!

Stump the Chumps!
Date: Thursday, January 11, 2018
Time: 11:30 AM Eastern / 8:30 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: James J. Haller, John C. Colwell, Ed Boltz, Gene Melchionne and Henry Sommer

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! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 12/28

Check Out Headlines Making News…

Educational Debt in Excess of §109(e) Debt Limit is Not Cause for Dismissal or Conversion of Chapter 13 Case

Debtors Could Exempt their Mobile Home in Massachusetts under a Florida Statute, which the Court found to be Extraterritorial

Narrow bankruptcy laws make it nearly impossible to discharge student debt

Americans have more credit cards – and more debt says CFPB

Northern District Of New York: No FDCPA Violation Where Pre-Judgment Interest Not Disclosed In Collection Letters

CFPB adjusts HMDA data collection, TILA mortgage escrow thresholds

SDNY Bankruptcy Court Chimes in on Bankruptcy Court’s Jurisdiction to Consider Third-Party Releases

CFPB plans to further delay prepaid rule

Many Americans don’t have a plan to pay off their debts

Fifth Circuit Claims Loan Modification Communications Are Not Debt Collection Activities Under TDCA

Court Holds that Bankruptcy Judges Cannot Impose Punitive Sanctions

Beware secured creditors: The newly amended US Federal Rules of Bankruptcy Procedure now require filing a proof of claim

Kick Off the New Year with A New Webinar!

Stump the Chumps!
Date: Thursday, January 11, 2018
Time: 11:30 AM Eastern / 8:30 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: James J. Haller, John C. Colwell, Ed Boltz, Gene Melchionne and Henry Sommer

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! Register today and get savings at the Early Bird Rate!

Register Today!

 

 

 

 

 

 

 

 

Bankruptcy News Briefs 12/6

Check Out Midweek Headlines In Today’s Briefs…

Trustee $65,000 Fee Application Denied

Debtors whose Financial Situation Improved Substantially after their case was Appealed and Remanded, and who did Not live a “Spartan” Lifestyle, Failed the Brunner “Undue Hardship” Test

Legislation to allow on-site attorneys at Michigan collection agencies receives favorable votes in the state’s House and Senate.

Court Bends Every Rule, Grants Dismissal to Kohl’s in “Opt-Out Evader” TCPA Suit –Blesses Contractual Revocation Clause

Millions Are Hounded for Debt They Don’t Owe. One Victim Fought Back, With a Vengeance

Consumer Bureau’s New Leader Steers a Sudden Reversal

Op-Ed Why every American should want a strong CFPB

IS SECRETARY DEVOS DENYING STUDENT LOAN PROTECTIONS?

Household Debt and Its Hidden Costs

Student Loan Debt Is Now As Big as the U.S. Junk Market

House Republicans May End Student Loan Forgiveness

No Thanks: Most Districts Opt Out of National Chapter 13 Plan

FCC Opens the Door to Blocking Spoofed Robocalls that Violate the TCPA

FTC Files Complaint To Stop Credit Card Interest Scam

Are You Registered for Tomorrow’s 2017 Virtual Bankruptcy Workshop?

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

It’s a New Month Renew Your NACBA 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.

Registration is Open for the 2018 NACBA Annual Convention! 

Register by February 23rd for Early Bird Savings!

Bankruptcy News Briefs 12/4

New Headlines for a New Week…

House Education Bill Ends Key Student Protections that Will Lead to a Lifetime of Debt

Nomination for Permanent CFPB Director Could Come in Early 2018

89 Call Recordings Not Enough to Convince Court that Plaintiff Did Not Revoke Consent

Debtor Could Reopen Chapter 13 to Avoid Judgment Lien which Creditor Attempted to Renew in State Court, but Could Not Recover Sanctions

Congress Moves to Protect Predatory Payday Lenders’ Unaffordable 300% Loans

Court Would Not use §105 to Dismiss Chapter 7 after it Found that Dismissal Wasn’t Warranted under §707

Bankruptcy Court Could Not Use 11 USC §105 to Extend or Impose the Automatic Stay

Disputed CFPB acting director plans to seek preliminary injunction: filing

Federal Court Holds 30-Day Validation Notice Language Violates FDCPA

Creditors Beware: Inbound Bankruptcy Rule Changes Require Heightened Awareness

New York Federal Court Demands that FDCPA Plaintiffs Read Entire Debt Collection Letter to Determine Creditor’s Identity

How Not to Erase Student Debt

Brimfield man sentenced for concealing assets during bankruptcy filing

CMS Waives Medicaid Retroactive Eligibility For Iowa: Is Your State Next?

3 Days Until the 2017 Virtual Bankruptcy Workshop! Are You Registered?

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

It’s a New Month Renew Your NACBA 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.

Registration is Open for the 2018 NACBA Annual Convention! 

Why Attend #NACBADEN?

  • Education: Attendees typically earn 22 of the best CLEs designed for debtor’s attorneys. NACBA’s planning committee is busy putting together a line up that will offer something for everyone, from the beginner to the seasoned practitioner.
  • Networking: Don’t miss the opportunity to share war stories with your colleagues from around the country.
  • Exhibits: More than 50 vendors, representing a wide range of products and services, launch new products, provide demonstrations, and meet with attendees to discuss purchases or problems.
  • Wellness: Attend daily AM Yoga sessions on each day of the convention, included with your convention registration. Participation will be limited and available on first, come, first serve until capacity is reached.
  • Fun: Attendees can meet and mingle at NACBA’s Friday night reception.  When you are not in session, be sure to check to see if the Rockies are in town, or if your favorite band is playing at the iconic concert venue, Red Rocks.

Register by February 23rd for the Early Bird Rate to get great savings!

Bankruptcy News Briefs 11/30

Take a Moment to Dive Into the Headlines…

Advanced Sick Leave Is Debt Subject to Recoupment

Dept. of ED’s 21st Century Student Loan Plans Will Require CFPB Action

Continuity, Compliance and the CFPB: Food For Thought When Responding to Complaints

Senate Bipartisan Legislation Introduced to Foster Economic Growth and Reduce Regulatory Burden for Small Businesses

While Debtor’s Obligation to Pay Creditor was Discharged in Bankruptcy, Arbitration Agreement with Creditor Survived

Fed Survey: Consumers’ Optimism about Access to Credit is on the Rise

City Could Not Collect Post-Petition Traffic Fines as Administrative Expenses

From the Web: ‘Who is More Likely to Default on Student Loans?’

Dodd, Frank reunite to protest CFPB leadership change

Debt Collection Rulemaking on Hold Amid CFPB Rancor

Register Today for the 2017 Virtual Bankruptcy Workshop!

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

What’s New at NACBA?

It’s The End of the Month Renew Your NACBA 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.

Registration is Open for the 2018 NACBA Annual Convention! 

Why Attend #NACBADEN?

  • Education: Attendees typically earn 22 of the best CLEs designed for debtor’s attorneys. NACBA’s planning committee is busy putting together a line up that will offer something for everyone, from the beginner to the seasoned practitioner.
  • Networking: Don’t miss the opportunity to share war stories with your colleagues from around the country.
  • Exhibits: More than 50 vendors, representing a wide range of products and services, launch new products, provide demonstrations, and meet with attendees to discuss purchases or problems.
  • Wellness: Attend daily AM Yoga sessions on each day of the convention, included with your convention registration. Participation will be limited and available on first, come, first serve until capacity is reached.
  • Fun: Attendees can meet and mingle at NACBA’s Friday night reception.  When you are not in session, be sure to check to see if the Rockies are in town, or if your favorite band is playing at the iconic concert venue, Red Rocks.

Register by February 23rd for the Early Bird Rate to get great savings!

Bankruptcy News Briefs 11/29

Check Out What’s Happening Midweek…

Federal Judge Rules in Favor of Trump Administration on Question of CFPB Leadership

Report: TCPA Consumer Litigation Filings on Track to End 2017 Under Recent Annual Totals

Debtor Failed the 8th Circuit’s Totality of the Circumstances Undue Hardship Test to Discharge her Student Loans where she Failed to Make Good Faith Efforts to Maximize her Income

The Equifax Data: Now That They Have It, How Will Hackers Use It?

Debt to DHS Not Domestic Support Obligation

The CFPB’s Employees Will Determine the Agency’s Fate

Barney Frank: I have two ‘serious objections’ to Senate’s plan to reform Dodd-Frank

How The Dodd-Frank Act Plays Into The CFPB Succession Debate

Nice Try: Ninth Circuit Walks Back Debt Collector’s Attempt to Purchase Lawsuit Against Itself

Wisconsin student loan debt tops $24 Billion

Fed Chair Janet Yellen: Rates have to rise to prevent ‘boom-bust’ economy

Counsel’s Corner: Brigham Lundberg talks Foreclosure Environment

Register Today for the 2017 Virtual Bankruptcy Workshop!

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

What’s New at NACBA?

It’s The End of the Month Renew Your NACBA 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.

Registration is Open for the 2018 NACBA Annual Convention! 

Why Attend #NACBADEN?

  • Education: Attendees typically earn 22 of the best CLEs designed for debtor’s attorneys. NACBA’s planning committee is busy putting together a line up that will offer something for everyone, from the beginner to the seasoned practitioner.
  • Networking: Don’t miss the opportunity to share war stories with your colleagues from around the country.
  • Exhibits: More than 50 vendors, representing a wide range of products and services, launch new products, provide demonstrations, and meet with attendees to discuss purchases or problems.
  • Wellness: Attend daily AM Yoga sessions on each day of the convention, included with your convention registration. Participation will be limited and available on first, come, first serve until capacity is reached.
  • Fun: Attendees can meet and mingle at NACBA’s Friday night reception.  When you are not in session, be sure to check to see if the Rockies are in town, or if your favorite band is playing at the iconic concert venue, Red Rocks.

Register by February 23rd for the Early Bird Rate to get great savings!

Bankrutpcy News Briefs 11/28

Check Out the News Making Headlines…

Legal Challenge Emerges After Two Interim Leaders Assume Top Role at CFPB

New Judge in Dept of ED Case Makes First Move

After political drama at consumer agency, what happens to its open investigations?

Debtor who Made Mistakes based upon his Attorney’s Failure to Properly Advise him in Preparing Schedules Prevailed in Denial of Discharge Complaint Action

Study finds CFPB would be de-clawed if House bill becomes law

Americans Have $1.4 Trillion in Student Loan Debt—But Who Gets All That Money?

What The Upheaval At A Federal Consumer Watchdog Could Mean For Students

First-Ever National Chapter 13 Plan and Amendments to Bankruptcy Rules

Equifax Proves That Death And Taxes Aren’t The Only Inevitable Things In Life

Americans are having trouble paying off their credit cards — and it could spell trouble for the economy

Register Today for the 2017 Virtual Bankruptcy Workshop!

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

What’s New at NACBA?

It’s The End of the Month Renew Your NACBA 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.

Registration is Open for the 2018 NACBA Annual Convention! 

Why Attend #NACBADEN?

  • Education: Attendees typically earn 22 of the best CLEs designed for debtor’s attorneys. NACBA’s planning committee is busy putting together a line up that will offer something for everyone, from the beginner to the seasoned practitioner.
  • Networking: Don’t miss the opportunity to share war stories with your colleagues from around the country.
  • Exhibits: More than 50 vendors, representing a wide range of products and services, launch new products, provide demonstrations, and meet with attendees to discuss purchases or problems.
  • Wellness: Attend daily AM Yoga sessions on each day of the convention, included with your convention registration. Participation will be limited and available on first, come, first serve until capacity is reached.
  • Fun: Attendees can meet and mingle at NACBA’s Friday night reception.  When you are not in session, be sure to check to see if the Rockies are in town, or if your favorite band is playing at the iconic concert venue, Red Rocks.

Register by February 23rd for the Early Bird Rate to get great savings!

Bankruptcy News Briefs 11/27

Check Out Monday’s Headlines…

Wells Fargo Facing Penalties Over Ignoring Student Loan Included in Bankruptcy

The IRS’ Inability to Collect Tax by Levy Tolled the 3-Year Time Period to Determine Dischargeability under §507(a)(8)

Debtor’s Wedding Ring is “Necessary Wearing Apparel” and Fully Exempt Under State Statute

Statement of National Consumer Law Center’s Lauren Saunders Regarding Appointment of Mulvaney

Mulvaney as Interim Director of Consumer Bureau

Creditor Could be Liable for Violating Discharge Injunction, Even if the Debt Does Not Exist

Debt-settlement bill worries consumer groups

Equifax breach is already taking a toll on consumers

CFPB Director Cordray Shaped a Critical Consumer Watchdog

All About the CFPB, Washington’s New Flashpoint: QuickTake Q&A

US Black Friday Sales Hit Record High, So Does Household Debt

CFPB Drama’s Next Act Comes as Dueling Heads Show Up to Lead

FDCPA Overrides State Law Limitations Period And Charging Order Exclusivity In Wilhite

Months after Equifax breach, credit freeze bill on ice

Goldman Sachs forgives $71 million in mortgage debt

Registration is Open for the 2017 Virtual Bankruptcy Workshop!

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

Registration is Open for the 2018 NACBA Annual Convention! 

Why Attend #NACBADEN?

  • Education: Attendees typically earn 22 of the best CLEs designed for debtor’s attorneys. NACBA’s planning committee is busy putting together a line up that will offer something for everyone, from the beginner to the seasoned practitioner.
  • Networking: Don’t miss the opportunity to share war stories with your colleagues from around the country.
  • Exhibits: More than 50 vendors, representing a wide range of products and services, launch new products, provide demonstrations, and meet with attendees to discuss purchases or problems.
  • Wellness: Attend daily AM Yoga sessions on each day of the convention, included with your convention registration. Participation will be limited and available on first, come, first serve until capacity is reached.
  • Fun: Attendees can meet and mingle at NACBA’s Friday night reception.  When you are not in session, be sure to check to see if the Rockies are in town, or if your favorite band is playing at the iconic concert venue, Red Rocks.

Register by February 23rd for the Early Bird Rate to get great savings!