NACBA

Bankruptcy News Briefs- 4/24

This Tuesday’s headlines read…

Consumer Watch: Student loan debt affecting American workforce

Why you shouldn’t co-sign your grandkid’s student loan

Letters to the editor: Break the cycle of disengagement; student loan servicers should be licensed

House bill seeks to limit punitive effect of CFPB guidance process

Bill to Require Issuance of Guidance by CFPB Introduced in House

The Trump Administration Is Letting Wells Fargo Get Away With Grand Theft Auto

Mulvaney Changes Name of Consumer Financial Protection Bureau

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!

Review of Ethical issues when Using, or Acting as, Coverage Counsel
in Bankruptcy Court and 341 Meetings.
Date: July 26, 2018
Time: 4:00 PM Eastern / 1:00 PM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-NACBA
Presenters: Derek Lofland, Esq.

Register HERE

Have you ever used coverage (or appearance) counsel to represent your clients? Have you ever stepped in to help a colleague who can’t attend Court? Mr. Lofland routinely appears as coverage counsel in hundreds of cases and has spoken about this issue in April 2017 for the Chicago Bar Association. He will outline and discuss the legal and ethical requirements for appearance counsel.

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

We hope everyone had a great time at #NACBADEN!

Login to your PlaybackNACBA account to retrieve recorded sessions

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 3/8

Thursday’s News…

FCC Continues Consideration of a Reassigned Number Database

Creditors Should Build Trust in Collections by Saying ‘Goodbye’

FDCPA Caselaw Review for January 2018

Senate banking bill would make credit freezes free

How Well Do States Protect Consumers from Unfair and Deceptive Business Practices?

New Sanctions Proposed for Colleges Under Student Loan Rule

Promontory MortgagePath adds former top CFPB lawyer as chief compliance officer

PayThink The CFPB must set aside politics to serve its role

Too much student loan debt? Iowa lawmakers think they have a solution

WHY DOES BANKRUPTCY FAIL SO MANY AMERICANS?

U.S. Household Debt Rose Last Quarter at Fastest Rate Since 2007

Gainful Employment Rule Affects Student Loan Borrowers

Illegal ‘zombie’ debt collections rampant in Florida, advocate says

U.S. Consumers Rack Up $11.9 Billion in Overdue Credit Card Debt

Kick Back and 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!

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.

Register HERE

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.

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!

Register Today!

 

Bankruptcy News Briefs 3/7

Dive Into Midweek Headlines…

Survey: Consumers Plan to Save Tax Refunds, Pay Off Debt

Judge Says Plaintiffs in ED Case Likely to Succeed on Merits of Protest

TCPA Caselaw Review for January 2018

Montana Court Refuses to Shift Venue of “Related to” CFPB Police Action to Texas Bankruptcy Court

Senate advances plan to weaken Dodd-Frank banking rules on bipartisan vote

Debtor Correctly Excluded Mother’s Social Security From PDI

Trump is systematically backing off consumer protections, to delight of corporations

Mulvaney: The CFPB Will Rely Much More On State Attorneys General

10 biggest financial laws passed since Dodd-Frank

Equifax data breach affected 2.4 million more consumers

When Prosecutors and Debt Collection Companies Become Business Partners

3rd Cir. Holds Settlement Offer as to Time-Barred Debt May Violate FDCPA

Supreme Court Makes Bankruptcy Claw-Backs Easier While Protecting Financial Institutions

Kick Back and 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!

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.

Register HERE

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.

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!

Register Today!

 

Bankruptcy News Briefs 3/6

Stay Updated With Tuesday’s Headlines…

Republican Members of Congress File Amicus Brief in Support of CFPB Acting Director

CFPB Looking for Input on its Controversial Complaint Portal

TransUnion Report Reveals Current Consumer Credit Trends, Including 20.3 Million More Accounts

CFPB Report Reveals Impact Removal Of Public Records Has On Credit Reporting: Did It Make A Difference?

District Court Reverses Bankruptcy Court’s Decision to Deny Attorney’s Fee Application Where Debtor Intended to Convert to Chapter 7

Debt Collection Law Firms Must Follow FDCPA in Foreclosure Cases, Court Says

California braces for battle with Trump administration over student loans

DC tops national credit card debt list, Baltimore ranks 6th

Number of FDCPA and TCPA Lawsuits Filed in 2017 Decreases; CFPB, BBB Complaints, and FCRA Lawsuits on the Rise

Court Finds Mini-Miranda Not Necessary for Consumer-Initiated Call

Sixth Circuit Dismisses FDCPA Claim Based On Letter For Lack Of Standing

Register for NACBA’s Webinars!

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.

Register HERE

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.

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

Register Today!

 

Bankruptcy News Briefs 3/2

End of the Week Headlines…

11 USC 521(e) allows the Debtor to Avoid Dismissal of Case if the Failure to Provide Required Tax Return is Attributable to Circumstances Beyond her Control

Reasonable Voluntary Retirement Contributions are Not Disposable Income when the Debtor has made those Contributions on a Consistent Basis Prior to the Filing of the Chapter 13

Appellate Court Reignites TCPA Case Over Debt Collection Calls

CFPB Advisory Committee Meets; Emphatic Agreement that Debt Collection Rules are Needed

CFPB invites comments on “usefulness” of consumer complaint database, reports

Equifax says it’s still under CFPB investigation

Equifax says hackers stole more than previously reported

Court reinstates TCPA suit in case of 300 debt collection calls

Collection Industry Requests Guidance from Mass AG Regarding Longstanding Interpretation of Validation Requirements

Supreme Court Limits Scope of Safe Harbor Protection for Avoidance Actions

New Fed chair doesn’t understand why student debt can’t be discharged in bankruptcy

Massachusetts can sue federal student loan servicer, judge rules

Register for NACBA’s Webinars!

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.

Register HERE

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.

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

Register Today!

Bankruptcy News Briefs 2/28

Midweek Headlines…

Stay Does Not Require Bank to Release Citation Lien

Texas Lawyers and Law Professors Urge Representative Gonzalez to Withdraw Support of Bill that Would Harm Texas Consumers

Debt Collection Industry Faces Evolving Compliance Regulations

From the Web: Department of Justice Files Opposition Brief in CFPB Deputy Director’s Appeal

New Jersey Federal Court Finds Additional Telephone Number In Validation Letter Did Not Violate FDCPA

How Chicago Ticket Debt Sends Black Motorists Into Bankruptcy

E.D.N.Y.: Collection Agency Can Enforce Arbitration Clause of Underlying Credit Agreement

CFPB report finds removal of public record data has small effect on credit scores

Bankruptcy Straight-Talk For Credit Union Members

DeVos to Assert that Only Department of ED, Not States, Can Regulate Student Loan Servicers

Mulvaney Says His CFPB Is Keeping Elizabeth Warren Up at Night

GUEST VIEW: Debt collection companies have hijacked the justice system

Iowa court debt approaches $732 million

Total consumer debt increased faster in Hawaii than the nation, DBEDT report

Overdue US credit card debt hits 7-year high at $11.9bn

Congressional Research Service Releases Bankruptcy & Student Loans Report

On Thursday, February 22, 2018, the Congressional Research Service released a report titled “Bankruptcy and Student Loans”. The report explains how and why the Bankruptcy Code makes student loans nondischargeable unless undue hardship is proven. It concludes with providing potential considerations for Congress to treat student loans moving forward. Read the Full Report.

Register for NACBA’s Webinars!

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.

Register HERE

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.

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

Register Today!

Bankruptcy News Briefs 2/26

Dive Into New Headlines…

Fourth Circuit Looks at Multiple Factors in Bad Faith Analysis

Advocates to FCC: Do More, Much More to Block Unwanted Robocalls

Church Provides No Sanctuary: Sixth Circuit’s FDCPA Decision May Breathe New Life into TCPA Spokeo Arguments

Forensic Analysis of Debt Settlement Program Participants, Commissioned by the American Fair Credit Council, Validates Economic Benefit to Consumers

17 Lawsuits Now Filed in Dept of ED Collection Contract, Chapter 2

Maryland Court Finds Mini-Miranda Not Necessary on Certain Consumer-Initiated Calls

CFPB Seeks Input on Town Halls, Field Hearings in Agency Review

Debtor’s Obligation to Pay his Children’s College Expenses Qualified as a DSO and Were Non-Dischargeable

What The Climbing Debt Defaults Really Mean For The Economy

Chapter 13 Debtor Could Not Defer Surrender of her Home Until her Son Graduated High School

A Shocking Number of Americans Now Owe at Least $50,000 in Student Debt—and Many Aren’t Paying It Down

Bankruptcy Remoteness Going to a Court of Appeals

Department of Education Considering Student Loan Bankruptcy Rule Changes

2017 Consumer Finance Year in Review

Congressional Research Service Releases Bankruptcy & Student Loans Report

On Thursday, February 22, 2018, the Congressional Research Service released a report titled “Bankruptcy and Student Loans”. The report explains how and why the Bankruptcy Code makes student loans nondischargeable unless undue hardship is proven. It concludes with providing potential considerations for Congress to treat student loans moving forward. Read the Full Report.

Register for NACBA’s Webinars!

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.

Register HERE

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.

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

Register Today!