NCBRC

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 11/22

Headlines Leading Into the Holiday….

CFPB Files Federal Lawsuit Against Online Loan Servicer

Study: Consumers Continue to Spend Using Credit Cards

Win for Debtor in Student Loan Arena

FDCPA Case Law Review for September and October 2017

Chapter 13 Plan Confirmed Where Debtor’s Ex-Spouse/Roommate’s Contribution to Household Expenses Substantially Increased Dividend to Unsecured Creditors

First Circuit Upholds Bankruptcy Court’s Denial of Discharge of Debtor (who is also a Lawyer) Where she Failed to Disclose Lawsuits

New Judge Assigned to Dept. of ED Collection Case

CFPB Fines Xerox Business Services $1.1M; This Should Be a Wake-Up Call to Collection Software and Service Providers

CFPB’s arbitration rule officially revoked in the Federal Register

Trump Won’t Be Able to Defang the CFPB Without a Fight

Possible tax bill could impact students struggling with student loans

Ocwen Announces Millions in New Mortgage Debt Forgiveness in Ohio

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! 

Join us in Denver, Colorado at the Sheraton in Downtown Denver a beautiful and convenient location that is the perfect backdrop for this much-anticipated event. We couldn’t be more excited for you to experience our stellar and informative sessions, listen to our expert keynote speakers that include, Dr. Wendy Osefo,  Susan Carnicero, Rashmi Airan, and Amy Vetter, attend 1 of 3 Pre-Convention Sessions, along with the opportunity to network with your peers and colleagues, visit the expansive exhibit,  earn CLE, plus so much more!

We can’t wait to see you! Don’t delay Register by February 23rd, 2018 to receive the Early Bird Rate! 

Visit https://www.nacba.org/nacbaden/ your go-to spot for everything #NACBADEN!

Save the Date

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 

Bankr1uptcy News Briefs 11/9

Dive Into Thursday’s Headlines…

Bankruptcy Filings Spike in October

FTC Accuses Debt Collector of Deceitful Tactics

Denial of Discharge for Fraudulent Note

New CFPB Enforcement Chief To Be Appointed

N.J. judge knocks debt collection lawsuit but forgoes sanctions for plaintiffs’ lawyers

Inside Betsy DeVos’s efforts to shrink the Education Department

Americans Over Age 60 Fastest Growing Demographic for Student Loan Debt

Medicaid expansion saved 50,000 people from bankruptcy in 2 years

Supreme Court hears arguments in case questioning Bankruptcy Code interpretation

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.

Don’t Miss Today’s Webinar!

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?

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 11/7

Tuesday’s Headlines in the Briefs…

Florida Court Finds Materiality Needed for Date of Delinquency Claims Under FDCPA

Ocwen To Show Cause Why It Shouldn’t Be Held in Contempt

Consumer Groups Oppose Credit Unions’ Attempts to Robocall, Text Message Customers Without Their Consent

Debtor and Creditor Could Not Agree to Except Debt from Discharge by using a Joint Stipulation

Family farmers get a break (Chapter 12 bankruptcy)

CFPB’s Arbitration Rule Came in with a Roar, Leaves with a Whisper

Why Credit Card Debt Is A Consumer Noose And Could Hurt The 4 ‘Too Big To Fail’ Money Center Banks

CFPB Consumer Advisory Board Addresses Debt Collection; Samet Changes the Conversation

FTC reaches settlement with Chicago operators of alleged fake debt collection scheme

Consumer Credit in U.S. Rises by Most Since November 2016

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.

Register for November’s Webinar!

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?

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 11/2

Check Out The Headlines Making News…

President Donald Trump Signs Repeal of CFPB’s Mandatory Arbitration Rule

FTC Bans Operators of Debt Collection Scheme from Industry

Judge Braden Denies Pending Motions in Dept. of ED Debt Collection Matter

Chapter 13 Debtor Can Put Earnings Into 401(k)

Supreme Court Struggles With Who’s an ‘Insider’ in Bankruptcy

Bankruptcy Provisions Signed Into Law Help Farmers, Add Judges

Second Circuit Declines to Rehear Decision on Revoking TCPA Consent

Postpetition 401(k) Contributions are Allowable Deductions in Calculating Disposable Income for Chapter 13 Plan Purposes

Supreme Court Set for Argument in ‘High Stakes’ Bankruptcy Case

Abandonment May Not Be Revoked Upon Unexpected Increase in Value

Trump Kills Cordray’s Arbitration Rule; Would He Do the Same for Debt Collectors?

Register for November’s Webinar!

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?

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 11/1

A New Month with New Headlines…

Collecting Judgment Debt May Not Always Be a Permissible Purpose for Obtaining Credit Reports

Chapter 11 Preferential Transfer Avoidable under 547(b)

CFPB issues 50-state snapshot of student debt

Repealing the CFPB’s Arbitration Rule a Win for American Consumers

Debt collection scams still top consumer complaints

Education Department could scale back help on loans

Chemerinsky: The myth of ‘plain meaning’

Credit Card Delinquencies Are Rising Fast — And There’s Only One Sustainable Solution

Real Property Mortgages, Section 707(b) of the Bankruptcy Code, and the Applicable Appellate Standard: How the Ninth Circuit Distinguished Between Questions of Law and Fact

Medical debt is crushing many Americans. States can help fix that

Legion calls on Trump to veto measure that strips servicemembers and veterans of vital financial protections

Foreclosure Prevention Efforts in Effect

Register for November’s Webinar!

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?

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 10/26

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 10/20

Let’s Kick Off The Weekend With New Headlines…

From the Web: ‘A Look at the Nation’s Credit Scores by State’

Acting OCC Comptroller Keith Noreika and CFPB Director Richard Cordray Spar Over Arbitration Rule

Could CFPB’s Data Sharing Principles Make Debt Collection Better Too?

Retiree Can’t Wipe Out Loans for Son’s College in Bankruptcy

Should ‘No Money Down’ Chapter 7s Be Allowed?

Bankruptcy Filings Hit 10-year Low, May Rise Again

U.S. Consumer Bureau Offers Rules for Financial Data Collection

CFPB Student Loan Ombudsman Issues Sixth Annual Report

FTC Obtains $4.1 Million Judgment Against Seller of Fake Payday Loans

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

Chapter 13 Debt Limits Should be Raised or Eliminated, Some Say

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

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!