NCBRC

Bankruptcy News Briefs 1/19

 

Start Your Weekend With Fresh Headlines…

Mick Mulvaney’s Budget Request for the CFPB? $0.

Objection to Claim Cannot be used to Seek Judicial Determination of the Validity or Extent of a Lien; Adversary Proceeding is Required

Consumer Financial Protection Bureau Drops Lawsuit Over 950% APR Loans

Total Bankruptcy Filings Decline in Calendar Year 2017

Debtor May Exempt 100% FMV When Value Does Not Exceed Statutory Cap

National Consumer Law Center Attorney Will Testify before U.S. Senate Committee on Financial Aid Simplification and Transparency on January 18

CFPB to Undertake Comprehensive Review of All Functions

Payday Rule Pullback is Another Example of CFPB Deregulation

Americans’ money worries before and in retirement are rising

CFPB Announces Reconsideration of Rule for Small Dollar Lending Market

CFPB Director Seeks Input On Operations

In bizarre reversal under Trump, consumer agency reveals moves to protect payday lenders

Supreme Court declines to review case over collecting stale debt

Bill would create ‘student loan advocate’

Delaware Court Rules Fraudulent Transfer Recoveries Are Not Capped At The Amount of Creditor Claims

NACBA’s Webinar Lineup!

How to Raise and Support a Request to Increase the Chapter 13 Flat Fees in Your District.
Date: Thursday, January 25, 2018
Time: 3:00 PM Eastern / 12:00 PM PACIFIC (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Pam Stewart and Edward Boltz

Register HERE

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM PACIFIC (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner 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!

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Bankruptcy News Briefs 1/17

Midweek Headlines Making News…

CFPB Announces Reconsideration of Rule for Small Dollar Lending Market

Committee Meets Today on Bill to Exempt Lawyers from FDCPA

FDCPA Caselaw Review for December 2017

Student loan debt close to reaching $1.5 trillion

Trump’s CFPB to Rewrite Rule That Cracked Down on Payday Lenders

Bankruptcy Rule Changes: What You Need to Know

Congress should vote down this harmful debt collection legislation

Supreme Court Decision Could Impact CFPB

CFPB leadership dispute rages on

How Congress is pulling the IRS off the rich — and siccing it on the poor

The IRS hired bill collectors to collect back taxes — and got ripped off

 Debt bill hurts consumers

Rep. Gonzalez’ bill would unfairly shield lawyers in debt collection cases

NACBA’s Webinar Lineup!

How to Raise and Support a Request to Increase the Chapter 13 Flat Fees in Your District.
Date: Thursday, January 25, 2018
Time: 3:00 PM Eastern / 12:00 PM PACIFIC (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Pam Stewart and Edward Boltz

Register HERE

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM PACIFIC (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner 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 1/16

Check Out Tuesday’s Headlines…

Report: Consumer Delinquencies Vary in Third Quarter

Court Approves $300 per Hour in Chapter 13 Case for Debtor’s Board Certified Attorneys

Debtor’s Treatment of Student Loan Outside Plan Not Confirmable

English Makes Next Move; Appeals CFPB Leadership Decision to D.C. Circuit

Individual Chapter 11 Plans Also Are Just About Written in Stone

After Consumer Financial Protection Bureau Freezes Data Collecting, Sen. Elizabeth Warren Demands Reversal

CU fights to keep lawsuit against Trump’s appointment to CFPB alive

Since Debtors could Claim Certain Exemptions under the State Law of their Domicile, they Could Not use Federal Exemptions

Debt-Collection Contracts Awarded to 2 Companies

Is There Such a Thing as a Debtor’s Prison?

Consumer Finance Lawyers Prep Wish Lists as CFPB Retools

America’s debt load is hitting record — and risky — territory

Study: Looming Student Loan Default Crisis Will Be Worse Than Projected

NACBA’s Webinar Lineup!

How to Raise and Support a Request to Increase the Chapter 13 Flat Fees in Your District.
Date: Thursday, January 25, 2018
Time: 3:00 PM Eastern / 12:00 PM PACIFIC (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Pam Stewart and Edward Boltz

Register HERE

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM PACIFIC (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner 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 1/12

End of the Week Headlines…

Department of ED Completes Corrective Action in Debt Collection Contract

Private IRS Collectors Waste Taxpayer Money While Squeezing Low-Income Families

Court dismisses defendants’ counterclaims against CFPB for fees and expenses

Judge Tosses Request For Injunction Against Acting CFPB Head

Student loan crisis could be worse than originally thought

Education Dept. awards debt collection contract to company with ties to DeVos

The IRS’ Private Debt Collection Program Once Again Looks Like A Failure

Prison for Bankruptcy Fraud Where Creditors Paid 100%

More seniors citizens have student loan debt

New Analysis of Student Loan Default Data

Goodbye Delaware and New York? Senate Bill Introduced That Could Significantly Impact Venue of Bankruptcy Cases

NACBA’s Webinar Lineup!

How to Raise and Support a Request to Increase the Chapter 13 Flat Fees in Your District.
Date: Thursday, January 25, 2018
Time: 3:00 PM Eastern / 12:00 PM PACIFIC (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Pam Stewart and Edward Boltz

Register HERE

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM PACIFIC (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner 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 11/11

Dive Into Thursday’s Headlines…

Code Does Not Entitle Trustee to Sell Free and Clear of Creditor’s Judgment Liens

Subcommittee on Financial Institutions and Consumer Credit Examines Regulatory Relief Legislation

Judge again rules for Trump administration in fight for control of CFPB

Acosta-Conniff Remanded Back to Bankruptcy Court to see to whether she has Satisfied her Burden of Proving each of the 3 Brunner elements

I.R.S. Paid $20 Million to Collect $6.7 Million in Tax Debts

Student-Loan Contractor Seeks to Throw Out Mismanagement Suit

Opinion of English v Trump

Is Record-High Consumer Debt a Good or Bad Thing?

U.S. Backs Student Loan Servicer in Lawsuit by Massachusetts

Why Would DeVos Cancel A Student Loan Rule That Works?

Prominence of Delaware bankruptcy court threatened

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

Feds say Healey can’t sue student loan servicer

Is This the Reason U.S. Credit Card Debt Keeps Climbing?

Don’t Miss Today’s 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 12/26

Missed Headlines Last Week? Catch Up Today!

BAP: Bankruptcy Court Did Not Err in Sanctioning Ocwen $119,000 for Willful Discharge Violation but Did Err by Holding that it Lacked Authority to Award Punitive Damages

Total Bankruptcy Filings Increase in November

Minimum Percentage Paid to Unsecured Creditors is Not a Factor in Determining Reasonable of Chapter 13 Counsel’s Fees

FTC Issues Reminder to Consumers on Stopping Robocalls as Legitimate Businesses Calls Continue to Get Improperly Blocked and Labeled

Traffic Fines Not Given Priority in Chapter 13

Fourth Circuit Side-Steps Retirement Contribution Issue

Education Department Rolls Back Relief to Defrauded Corinthian Colleges Students

New Bankruptcy Rules that Creditors Need to Know and Follow

Banking Lobbyists Back FCC Petition to Shield Companies from Penalties for Text Messaging Consumers

CFPB’s Updated Timeframe for Debt Collection Rulemaking Unlikely as New CFPB Leadership Signals a Stall

Tax Sale Can be Redeemed Through Chapter 13 Plan

FDCPA Caselaw Review for November 2017

Northern District of NY Agrees with Debt Collector: Pre-Judgment Interest Does Not Trigger Avila Disclosure Requirements

E.D.N.Y. Rips Into Plaintiffs’ Bar on Reverse Avila Claims

The conflict over the CFPB and what it means for the future

Under New Leadership, CFPB Withdraws Proposed Debt Collection Disclosure Survey

What 2017 meant for student loan borrowers

Student Loan Debt Is The Gift That Keeps Giving

Bankruptcy Court Lacked Power to Issue Punitive Sanctions

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 with the Early Bird Rate!

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

Remember to Renew Your NACBA Membership for 2018!

Bankruptcy News Briefs 12/11

Check Out Monday’s Headlines…

Consumer Advocates File in Support of Acting CFPB Director Leandra English

Special Counsel Violates Code and Rules by Failure to Disclose Fee Agreements

TCPA Case Law Review for September-November 2017

Judge in CFPB Leadership Case Sets Swift Court Schedule

Mick Mulvaney Taking a Closer Look at CFPB Investigations

Bank is not entitled to the Fees at issue under the terms of the Mortgage since it did Not give Actual Notice of Post-Petition Fees to Chapter 13 Debtors

11th Cir: §362(k)(1) Authorizes Debtors’ Attorneys’ Fees in Ending a Willful Violation of Stay, Prosecuting a Damages Violation, and Defending Appeal of those Issues

Bill aims to forgive volunteer first responder student loan debt

Americans are drowning in debt. Here’s where they have it the worst.

The Undoing of the CFPB: Why Consumers Should Know and Care

CU Share of Consumer Loans Up in October

The #Resistance Is ‘Creating a Genuine Constitutional Crisis at the CFPB

With CFPB, GOP can finally make good on abolishing federal agencies

Average US household owes $15,654 in credit card debt

Medical Debt Accrual Down By 45% In States After Medicaid Expansion

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!