Washington Update

Stay Informed With NACBA’s Latest Washington Update

Happy Veterans Day to all those who have served and continue to serve our country. NACBA appreciates your service!

Stay informed about significant and relevant activity on the part of Congress, regulatory agencies and interest groups/think tanks with NACBA’s latest Washington Update.

ON THE HILL Congressman Bob Goodlatte (R-VA), Chairman of the House Committee on Judiciary, announced on Thursday, November 9th that he will not seek reelection in 2018. Goodlatte extend his deepest thanks to the people of Virginia’s Sixth District and advised that there is much he hopes to accomplish in the next year, including simplifying the tax code in order to stimulate job growth, enacting criminal justice reform, repealing Obamacare, and advancing protections of the freedoms and liberties enshrined in our Constitution.

The House passed H.R. 2201, the Micro Offering Safe Harbor Act, on November 9th. This Act is said to build on Congress’ commitment to give startup businesses the room to grow. By clarifying the rules of the Securities Act to exempt nonpublic offerings—such as funding from family and friends—from unnecessary regulatory burdens, new private companies can operate without fear of unintentionally running afoul of the law.

The House Republicans’ Tax Cuts and Jobs Act calls for eliminating a number of special interest deductions — including those for medical expenses, adoption, and student loan interest. This means that millions of Americans would lose the ability to deduct up to $2,500 in student loan interest under the Republican tax bill, a proposal that education advocates say will make college less affordable. Supporters of the measure say the loss will be offset by other provisions in the bill. In 2015, according to the most recent government data available, 12.2 million taxpayers took the student loan deduction, which phases out at higher incomes. Repealing the provision would mean that the cost of student loans for borrowers would increase by some $24 billion over the next decade, according to the group, which represents 1,600 public and private colleges and universities.

On November 1stPresident Trump signed a repeal of the Consumer Financial Protection Bureau’s (CFPB) rule on forced arbitration, winning praise from banking and business groups. Trump approved the resolution to repeal the CFPB rule, meant to prevent banks and credit card companies from blocking customers from joining class-action lawsuits against them, in a private Oval Office signing. Democrats and the CFPB criticized Trump, claiming he sides with banks over consumers. They’ve long called for action on forced arbitration, which they say denies fraud victims basic legal rights, and the CFPB rule was the most ambitious effort to regulate the practice.

SPECIAL VETERAN UPDATES ON THE HILL On November 7th the House passed seven Veterans Bills all aimed to help veterans find jobs and receive the health care they need. The seven pieces of legislation that passed are: H.R. 918, Veteran Urgent Access to Mental Healthcare Act, H.R. 1133, Veterans Transplant Coverage Act, H.R. 1900, National Veterans Memorial and Museum Act, H.R. 2123, Veterans E-Health and Telemedicine Support (VETS) Act, H.R. 2601, Veterans Increased Choice for Transplanted Organs and Recovery (VICTOR) Act, H.R. 3634, Securing Electronic Records for Veterans Ease (SERVE) Act, and H.R. 3949, Veterans Apprenticeship and Labor Opportunity Reform (VALOR) Act.

IN THE AGENCIES The Trump administration has signaled to members of an Education Department rulemaking panel that the administration opposes a complete ban on colleges’ use of mandatory arbitration agreements. The department’s negotiated-rulemaking committee is slated to meet next week for the first time to begin hammering out the Trump administration’s replacement for an Obama-era regulatory package known as “borrower defense to repayment.” The rules are aimed at protecting student loan borrowers defrauded by their schools and were halted by Education Secretary Betsy DeVos amid the upcoming rewrite. Consumer advocates and congressional Democrats had advocated for the Education Department’s ban on those practices, which are common at for-profit colleges. Proponents of the ban argue that arbitration can put students at a disadvantage in resolving their complaints and keeps allegations of misconduct against the college secret. Department officials argued in an issue paper on the topic that banning mandatory arbitration agreements and class action waivers violate the Federal Arbitration Act and suggested that the Higher Education Act doesn’t empower them to create such a ban. They also pointed to a resolution President Donald Trump signed last week that overturned the CFPB’s mandatory arbitration rule.

Feedback should be directed to Krista.DAmelio@NACBA.com

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

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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 10/31

Dive Into Tuesday’s Headlines…

Indiana District Court Adopts Supreme Court’s Analysis of Definition of a Debt Collector

FCC to Vote on Narrow Call Blocking Rules at November Open Meeting

House Subcommittee Continues Conversation on Data Security

From the Web: ‘GOP in Uncharted Territory Rolling Back Rules Through Resolutions’

CFPB Hunts Down Mortgage Delinquencies With New Online Tool

CFPB: Mortgage Delinquency Rates Reach Post-Crisis Lows

US Banks: Is Rising Consumer Debt a Concern?

Congressional Override Offers Industry Reprieve from CFPB Arbitration Rule but Battles Ahead Still Likely

State Regulators: Let Us Handle the Student Loan Industry

Liz Weston: Equifax hack isn’t over — more risks ahead

Bankruptcy filing may send homeowners packing

Waivers of Jury Trials and Lawsuits in Bankruptcy Cases

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?

 It’s The End of the Month Renew Your 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.

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 10/30

Monday’s Headlines Kicking Off a New Week…

Chapter 7 Debtor Who Failed to Disclose Employment Discrimination Claim Could Not Convert to Chapter 13

Bankruptcy Court Abstains from Deciding Whether Debtor’s Obligations to Ex-wife Were Domestic Support Obligations

Court Would Not Use Its “Power to Prevent Injustice” to Force Nationstar to Honor Modification Letter that Chapter 13 Debtors Never Received

CFPB Payday Loan Limits Drawing Quieter Response Compared to Its Arbitration Rule

Eleventh Circuit Holds Voice Mail Message is a Communication

AP Sources: DeVos May Only Partly Forgive Some Student Loans

High home prices hit first-time buyers harder than ever, and student loans may be part of the reason

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

Judge resists erasing foreclosure ruling

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?

 It’s The End of the Month Renew Your 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.

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! 

NACBA’s Washington Update, October 27th

Go into the weekend informed about significant and relevant activity on the part of Congress, regulatory agencies and interest groups/think tanks. Check out what’s happening in Washington, DC.

ON THE HILL On October 24th during the late hours, a slim majority of Republicans in the Senate voted to pass Senate Joint Resolution 47, which repeals a rule issued by the Consumer Financial Protection Bureau that made it easier for Americans to sue their banks and credit card companies. Vice President Mike Pence issued the deciding vote to repeal CFPB’s arbitration rule and block consumers from suing financial giants like Equifax and Wells Fargo. Republican Senators John Kennedy (R-LA) and Lindsey Graham (R-SC) voted against the measure.

The Senate passed S. 1107, The Bankruptcy Judgeship Act of 2017, on October 24th introduced by U.S. Senator Chris Coons (D-DE), a member of the Senate Judiciary Committee. The bill is expected to be signed into law by President Trump in the next 10 days. Coons’ bill extends Delaware’s five temporary bankruptcy judgeships for five years. The bill also adds two temporary bankruptcy judgeships for Delaware. The bill also provides extensions for 14 temporary judgeships and creates four new bankruptcy judgeships total across the country.

On October 20th, U.S. Senator Elizabeth Warren (D-MA) joined Senator Bill Nelson (D-FL) and seven other senators to call on the U.S. Department of Education (ED) to use its discretion to help college students and student loan borrowers displaced or otherwise unable to continue their education in the wake of Hurricanes Irma and Maria. Their joint letter called upon the ED to exercise discretion to enroll borrowers impacted by Hurricane Maria “in interest-free administrative forbearance for a minimum period of six months, or until Puerto Rico and the U.S. Virgin Islands are no longer considered to be in a disaster zone”.

House Financial Services Chairman Jeb Hensarling (R-TX) is praising Education Secretary Betsy DeVos for refusing to cooperate with the CFPB and says he hopes it sets an example for other federal agencies. In the letter issued on October 16th, Chairman Hensarling made it clear he would like other agencies to follow Education’s lead. He argues that the Education Department’s action to “curb the CFPB’s overreach are most welcome, and hopefully will serve as an example to other federal agencies to re-evaluate their relationship with the CFPB.”

IN THE AGENCIES On October 17th, 18 states led by Maryland and Pennsylvania sued the Department of Education for illegally delaying and refusing to enforce the gainful employment rule. Their complaint is based on the Department’s numerous violations of the Administrative Procedure Act. The gainful employment rule implements the Higher Education Act requirement that career education programs prepare students for gainful employment in a recognized occupation. Finalized in 2014 and in effect since 2015, the gainful employment regulation requires schools to give prospective students key information about costs and outcomes of career education programs at for-profit, public, and nonprofit colleges, ends federal funding for programs that consistently leave students with debts they cannot repay, and allows colleges to appeal if they believe program graduates earn more than federal data indicate.

Prior to the repeal of CFPB’s arbitration rule being brought to a vote, in a rare move, the Treasury Department sided with Wall Street attacking the rule issued by CFPB. The rule “fails to account for significant costs of class action litigation and benefits of arbitration in a meaningful way,” the Treasury Department said in an 18-page report. And it “would upend a century of federal policy favoring freedom of contract to provide for low-cost dispute resolution.”

FROM THE INTEREST GROUPS The American Legion and National Consumer Law Center published an op-ed in Politico’s Morning Consult on the taxation of death and disability on student loan discharges. In it they argue, when a borrower dies or becomes permanently disabled before paying off student loans, the loans can be discharged, relieving the disabled borrower or surviving family members of the burden of paying off a loan they often cannot afford. However, The Internal Revenue Service may treat the amount of the forgiven loan as taxable income. Although some will be able to exempt this income because they are insolvent, not all will qualify. As a result, a family that was relieved to have a student loan forgiven may then end up struggling to pay a big tax bill — all while dealing with the death of a child.

OTHER On October 14th PBS News Hour has a featured episode titled, “More older Americans than ever are struggling with student debt”. Watch it online now.

Feedback should be directed to Krista.DAmelio@NACBA.com

Bankruptcy News Briefs 10/27

Headlines Leading Into the Weekend…

Different State Laws Make for Different Treatment of Lease vs. Security Agreement Issue

CFPB Issues Principles on Financial Data Sharing

Tax Relief for Farmer Bankruptcies Clears Congress

SCOTUS Considers Standard of Review on Bankruptcy Insider Claims

Debtor’s ‘Spend-Money-to-Make-Money Scheme’ Backfires With IRS

From the Web: Students Face ‘Tough Options’ after Perkins Loan Program Expires

Trustee’s Complaint for Fraudulent Transfer Against University for Tuition Paid by Debtors for Daughter Dismissed

IRS Barred From Challenging Confirmed Chapter 11 Plan

Court Rejects Debt Collector’s Bid for Second Bite at the Apple

Americans are already showing signs of maxing out on debt

Eleventh Circuit Narrows Application of Judicial Estoppel

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?

 It’s The End of the Month Renew Your 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.

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!