Bankruptcy News Briefs 9/1

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In the Headlines..

CFPB Hears Growing Calls to Draft Business Loan Data Rule

Illinois Collection Agency Act Updates Are Material, And Have Already Taken Effect

Payday Lenders Balk at CFPB’s Proposed Rules

Post-Discharge Agreement to Pay Unenforceable

NYDFS Amendments Take Effect Sept. 9, And New FAQs Released

New TransUnion Analysis Finds Enriched Data Boosts Recovered Dollars in Collections

Medical debt collectors up in arms over FCC ruling

NACBA Events Educate

Are You Ready for the 24th Annual NACBA Convention?

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NACBA is gearing up for the 24th Annual Convention being held in beautiful San Francisco on May 19-22nd in 2016! Mark your calendar and save the date you won’t want to miss this awesome event!

The Perks of Being a NACBA Member

  • Summer may be coming to a close, but there are still plenty of hot topics to read in the Summer Edition of the National Consumer Bankruptcy Journal
  • Want a recap o the 23rd  Annual Convention? Sign up for one of the Playback NACBA packages from the 2015 NACBA Convention in Chicago for access to session recordings.
  • Need a change of wardrobe? Do some end of the season shopping at Brooks Brothers.  All NACBA members have the opportunity to enroll for the Brooks Brothers Corporate Membership Card.  As a Brooks Brothers Corporate Member, you will receive an everyday 15% savings on regular priced merchandise.
  • September is a perfect time to catch a baseball game! The New York Yankees are pleased to offer the members of the National Association of Consumer Bankruptcy Attorneys the opportunity to attend Yankees home games for special prices. Click HERE for more information

Do You Know Your NACBA Status?

Don’t start September, without renewing your NACBA Membership.  Renew your membership today!

Join  NACBA to take advantage of education opportunities , the ability to network  with your peers and comprehensive benefits!

 

Bankruptcy News Briefs 8/31

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What’s Happening Today…

The Student-Loan Siphon

Consensual Debt Collection Calls in the Sixth Circuit

Student Loans 2016

Ohio residents score high marks on most debt, but one type is piling up

Another Step Forward Under the Student Aid Bill of Rights

Elder Law | Know your rights with debt collectors

Eleventh Circuit Examines “Debt Collector” Under the FDCPA

CBE Group Defeats Motion for Class Action Certification in TCPA Case

NACBA Events Educate

Are You Ready for the 24th Annual NACBA Convention?

NACBA is gearing up for the 24th Annual Convention being held in beautiful San Francisco,  May 19-22nd in 2016! Mark your calendar and save the date you won’t want to miss this awesome event!

The Perks of Being a NACBA Member

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  • Read timely topics that are relevant to your practice in the new Summer Edition of the National Consumer Bankruptcy Journal
  • Sign up for one of the Playback NACBA packages from the 2015 NACBA Convention in Chicago to have access to session recordings.
  • NACBA members can increase their business with a free listing in NACBA’s on-line Attorney Finder, which is prominently featured for consumers looking for a bankruptcy attorney. The Attorney Finder profile includes a link to the member’s own website, a profile of the member and other features.
  • Get noticed! Amicus Creative Media offers bankruptcy attorneys a comprehensive website solution that increases visibility, generates new business and supercharges referrals. As the Preferred Website Developer for NACBA, all members can receive a semi-custom website package for only $1199 (usually $2250).

Do You Know Your NACBA Status?

Your NACBA Membership is an investment in you! Renew your membership today!

Join  NACBA to take advantage of education opportunities , the ability to network  with your peers and comprehensive benefits!

 

S.B. 308: Good For California Consumers In Tough Times

Fat cat bankers caused the financial crisis.
Now they want to kill a bill protecting your house and car.
Tell your lawmaker NO now!

The California Assembly could vote Tuesday on S.B. 308, which will protect California consumers facing financial hardship by reducing the likelihood that they’ll lose their cars or homes in bankruptcy. This fair and common-sense bill will help struggling California families and seniors save their homes, stay employed, and get back on their financial feet. That’s why the AARP, legal services organizations, labor groups, and California Attorney General Kamala Harris support S.B. 308.

fat catWhat about the smear campaign launched by California Bankers in which they falsely claim that S.B. 308 will protect the wealthy? These are the same people who brought our economy to the brink of collapse a few years ago, from which thousands of families are still trying to recover. While they got bailed out and protected their wealth, they are now trying to use their influence to kill a bill to help the families who were the victims of the bankers’ greed. Bankers got us into this financial mess, but rather than help California residents who were harmed in the economic downturn, they want to make things tougher still.

Here are facts about S.B. 308:

  • It recognizes that you may need help to save your home and keep your car. Nationwide, more than half of Americans are living paycheck to paycheck, just one emergency away from being wiped out financially. Here in California, 48 percent of us – nearly 14 million adults! — have no rainy day savings to deal with unanticipated financial expenses. A full third of us can only afford credit card minimums and 14 percent have unpaid medical expenses. That means millions of California residents – including you – could one day need the help S.B. 308 will provide.
  • It protects the homes of Californians, particularly seniors and the disabled. The current homestead exemption has fallen dramatically behind the increased cost of housing in California. It has been 40 years since the California homestead exemption actually covered the cost of an average home in this state. Today, it only protects about a quarter of a typical house. S.B. 308 modestly increases homestead exemptions, with the most meaningful increase reserved for seniors and disabled persons. It would bump up California’s state homestead exemption to $300,000 for disabled persons and seniors, $150,000 for a family unit and $100,000 for a single individual.
  • It makes sure that people in dire financial straits are not stripped of their home equity. S.B. 308 fixes a serious problem for Californians who have their homes sold in bankruptcy. Until three years ago, California families whose homes were sold during bankruptcy were always able to protect their homestead exemption funds and use them for their future needs. But due to a 2012 court ruling, families stand to lose their entire homestead exemption after six months from the sale date if they are unable to reinvest those proceeds in a new home. Since most debtors who have recently filed for bankruptcy are unable to secure financing to purchase a replacement home within that time period, they end up losing everything. S.B. 308 restores to homeowners the protection the law provided before 2012, and is essential for anyone who owns a home and may need to file for bankruptcy relief.
  • It makes it possible for people who need a car to get to work to keep their jobs. Everyone knows that most people in this state need a car in order to work. S.B. 308 ensures that consumers who are current on their car payments don’t have their vehicles repossessed solely because of their bankruptcy filing. Under current law, many bankruptcy debtors have suffered the loss of their vehicles even though they had never missed a car payment. How are you supposed to get back on your feet if you can’t get to work?
  • It understands that some people need a fresh start. Most people in this state who file for bankruptcy don’t want to do it … and are of relatively modest means. According to June 2014 data, approximately 115,000 bankruptcy cases (Ch. 7 & Ch. 13) were filed in California in 2013, which represents about 170,000 Californians. Why make it even more difficult for these people to get their often shattered financial lives back together again? The truth is that there is everything to be gained by returning them to good financial health as productive citizens and taxpayers.

Who wins in Sacramento?  Fat cat bankers or you?
Protect your house and car by contacting your lawmaker TODAY.

Bankruptcy News Briefs 8/28

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Headlines…

TCPA Ruling Favors Collection Industry

New York Fed Economic Snapshot: Consumer Spending Rebounds After Weak First Quarter

CFPB Monthly Complaint Report Reveals Major Difference in Enforcement Challenges

Court Denies Bank’s Motion to Reopen and Compel Surrender

Bankruptcy Ruling Leaves Student Loans in Limbo

Audit Finds Flaws in Department of Education Plan for Student Loan Management Company

FTC’s Reilly Dolan Lists Those Banned From Debt Collection, and Discusses Industry Self-Regulation

NACBA’s Events Educate

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Get Ready for the 24th Annual NACBA Convention!

Don’t miss the 24th AnnualNACBA Convention in San Francisco, May 19-22, 2016!  Make sure you Save the Date!

The Perks of Being a NACBA Member

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  •  NACBA and www.certificateofservice.com have teamed up to offer NACBA members discounted mailing services! Every user of the NACBA/COS mailing system gets the benefit of reduced pricing on per page copy costs, reduced postage, as well as the same reliability and timeliness of the www.certificateofservice.com mailing system.
  • NACBA Members and  partners provide free and ‘Discounted Webinars,’for members on many topics to improve their practice, their knowledge of current technologies, and to help learn how to fully utilize all features of the benefit being offered.
  • Read timely topics that are relevant to your practice in the new Summer Edition of the National Consumer Bankruptcy Journal
  • Sign up for one of the Playback NACBA packages from the 2015 NACBA Convention in Chicago to have access to session recordings.

What’s Your NACBA Status?

Your NACBA Membership is an investment in you! Renew your membership today!

Join  NACBA to take advantage of education opportunities , the ability to network  with your peers and comprehensive benefits!

Subscribe to NACBA Now to Receive Relavent News  Every Week

Bankruptcy News Briefs 8/27

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Collection Complaints Top CFPB’s List

Navient Discloses CFPB Notification

Court Upholds Decision on Authority of FTC in Datvna Security Cases

Another Positive TCPA “Prior Express Consent” Case

Corinthian Wins Liquidation Plan Approval

New student debt rules shouldn’t reinforce old problems

Examining Consumer Debt Through Multiple Lenses

Capitol One is Not a Debt Collector, Circuit Court Affirms

Events That Educate

Get Ready for the 24th Annual NACBA Convention!

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Don’t miss the 24th AnnualNACBA Convention in San Francisco, May 19-22, 2016!  Make sure you Save the Date!

The Perks of Being a NACBA Member

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What’s Your NACBA Status?

Your NACBA Membership is an investment in you! Renew your membership today!

Join  NACBA to take advantage of education opportunities , the ability to network  with your peers and comprehensive benefits!

Subscribe to NACBA Now to Receive Relevent News  Every Week

Bankruptcy News Briefs 8/26

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In Headlines…

Credit Card Delinquency Rates Remain Low Despite Rise in Subprime Borrowers

Student Lending Giant Could Face CFPB Lawsuit

New Call Intervention App Supported by the FTC Could Harm Legitimate Businesses and Prevent Consumers from Receiving Important Information

Reports from Borrowers and Lenders Show Differences in Credit Card, Student Loan Debt

New York Fed: Student Loan Delinquency Rates Double with Loans in Deferment and Forbearance

Eleventh Circuit Court of Appeals Confirms Validity of “Prior Express Consent” in TCPA Case

Harris Precludes Attorney Fee Payments Out of Undisbursed Funds

Countless Consumers Are Paying Off Someone Else’s Debt Because Of Default Judgments

Bankruptcy Judge Sides With Owner on Home Surrender

Events That Educate

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Register for Today’s Webinar… Free for NACBA Members!

  • Are you struggling to establish a powerful online presence for your law firm?
  • Have a website that looks nice but doesn’t bring in new business for your firm?
  • Not sure what kind of web presence you need since you get all of your business through referrals?

Then Register for the Effective (And Ethical) Online Marketing  For Law Firms  Webinar, Wednesday, August 26, 2015  at 2:00 PM EST/11:00 AM PST. You’ll learn how to establish a comprehensive online presence that will increase your exposure, enhance your credibility and foster referrals while following the Rules of Professional Conduct. It’s Free for NACBA Members!

Join Fred J. Cohen, JD the founder and CEO of Amicus Creative Media  as he provides examples of effective websites, a list of concrete strategies to follow as well as common pitfalls to avoid.

Mark Your Calendars for NACBA’s 24th Annual Convention!

 

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Did you enjoy NACBA’s Convention in Chicago? Then you won’t want to miss the 24th AnnualNACBA Convention in San Francisco, May 19-22, 2016!  Make sure you Save the Date!

The Perks of Being a NACBA Member

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What’s Your NACBA Status?

Your NACBA Membership is an investment in you! Renew your membership today!

Join  NACBA to take advantage of education opportunities , the ability to network  with your peers and comprehensive benefits!

Subscribe to NACBA Now to Receive Relevent News  Every Week

 

Bankruptcy News Briefs 8/25

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In Today’s News..

Debt Collectors Help Alert Students to Identity Theft

Southern District of New York Recognizes Bondholders’ Rights Under Section 316(b) of the Trust Indenture Act

Tenth Circuit Confirms That a Single Payment on New Purchase Contract May Satisfy Ordinary Course Defense Under 11 U.S.C. § 547(c)(2)

Student loan debt poses bigger threat than did the “housing bubble”

Third Circuit Holds Debt Collector Bears Burden of Proving FDCPA Exception to Third Party Contact

Government Agencies Object to Corinthian Colleges Liability Releases

CFPB Considers Suing Student Loan Giant Navient For Cheating Borrowers

School-Loan Reckoning: 7 Million Are in Default

Events That Educate!

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Only 1 Day Left to Register!

Don’t miss out on  Registering for the Effective (And Ethical) Online Marketing  For Law Firms  Webinar, Wednesday, August 26, 2015  at 2:00 PM EST/11:00 AM PST. You’ll learn how to establish a comprehensive online presence that will increase your exposure, enhance your credibility and foster referrals while following the Rules of Professional Conduct. It’s Free for NACBA Members!

Join Fred J. Cohen, JD the founder and CEO of Amicus Creative Media  as he provides examples of effective websites, a list of concrete strategies to follow as well as common pitfalls to avoid.

Mark Your Calendars for NACBA’s 24th Annual Convention!

sanfran

Did you enjoy NACBA’s Convention in Chicago? Then you won’t want to miss the 24th Annual NACBA Convention in San Francisco, May 19-22, 2016!  Make sure you Save the Date!

The Perks of Being a NACBA Member

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What’s Your NACBA Status?

Stay connected and up to date on the relevant topics through your NACBA Membership. Renew Today!

Join NACBA and take advantage of the networking, education and resources NACBA offers!

 

 

Bankruptcy News Briefs 8/24

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It’s  a New Week! What’s Happening?

FTC Halts Business Opportunity Scheme

CFPB Takes Action Over Allegedly Deceptive Credit Enrollment Tactics

Bona Fide Error Defense Shields Debt Collectors From Liability For Mistaken Interpretation Of Statute Of Limitations

Consumer Credit Default Rates Stabilize in July

New Data Shows Popularity of Income-Driven Repayment Plans with Student Loan Borrowers

FDCPA Lawsuits Up Sharply YTD in 2015 vs. 2014

Debtors May Want To Take It All Off, But The Supreme Court Says Junior Liens Can’t Be Stripped

Student loan debt: America’s next big crisis

How the attempt to fix student loans got bogged down by the middlemen

Fact Check: Is Refinancing Student Debt Really Good Policy?

Commentary: Mitch Daniels op-ed: A fix for student loan debt

NACBA’s Events Educate

 

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Only 2 Days Left to Register!

Don’t miss out on  Registering for the Effective (And Ethical) Online Marketing  For Law Firms  Webinar, Wednesday, August 26, 2015  at 2:00 PM EST/11:00 AM PST. You’ll learn how to establish a comprehensive online presence that will increase your exposure, enhance your credibility and foster referrals while following the Rules of Professional Conduct. It’s Free for NACBA Members!

Join Fred J. Cohen, JD the founder and CEO of Amicus Creative Media  as he provides examples of effective websites, a list of concrete strategies to follow as well as common pitfalls to avoid.

Mark Your Calendars for NACBA’s 24th Annual Convention!

sanfran

NACBA is gearing up for the next Annual Convention!  Make sure you Save the Date for the 24th Annual NACBA Convention in San Francisco, May 19-22, 2016!

More Perks of Being a Member of NACBA

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What’s Your NACBA Status?

Your NACBA Membership is an investment in you! Renew your membership today!

Join  NACBA to take advantage of education opportunities , the ability to network  with your peers and comprehensive benefits!

 

Bankruptcy News Briefs 8/21

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Today’s Headlines…

Regulators Sue Pension Advance Firms for Deceptive Loan Fees

Bank Repossessions of Distressed Homes Soar

Fair Credit Reporting Act cases also increased in the last month and year-to-date, while Telephone Consumer Protection Act litigation continues to decline.

Springstone Financial Settles with Consumer Financial Protection Bureau

CFPB Seeks Student Loan Servicers’ Input on Federal Loan Repayment Plans

Where They Stand: Democratic Presidential Candidates On Student Loans

Uptick in Year-to-Date FDCPA Consumer Litigation Cases Continues

Debtors’ Failure to Mitigate Dooms Contempt Action

Student-Loan Borrowers Flock to Payment-Relief Programs

NACBA’s Events Educate

NACBA Webinars Web Banner (1)

Don’t Miss NACBA’s Upcoming Webinar!

There is still time to Register for the Effective (And Ethical) Online Marketing  For Law Firms  Webinar, Wednesday, August 26, 2015  at 2:00 PM EST/11:00 AM PST. You’ll learn how to establish a comprehensive online presence that will increase your exposure, enhance your credibility and foster referrals while following the Rules of Professional Conduct. It’s Free for NACBA Members!

Join Fred J. Cohen, JD the founder and CEO of Amicus Creative Media  as he provides examples of effective websites, a list of concrete strategies to follow as well as common pitfalls to avoid.

Mark Your Calendars for NACBA’s 24th Annual Convention!

sanfranc

NACBA is gearing up for the next Annual Convention!  Make sure you Save the Date for the 24th Annual NACBA Convention in San Francisco, May 19-22, 2016!

More Perks!

  • Read timely topics that are relevant to your practice in the new Summer Edition of the National Consumer Bankruptcy Journal
  • Sign up for one of the Playback NACBA packages from the 2015 NACBA Convention in Chicago to have access to session recordings.
  • In the market for new opportunities? Visit the Career Center  today.
  • NACBA members can increase their business with a free listing in NACBA’s on-line Attorney Finder, which is prominently featured for consumers looking for a bankruptcy attorney. Make sure your profile is updated.

What’s Your NACBA Status?

Keep your NACBA Membership current Renew Today!

Join NACBA and take advantage of the networking, education and resources NACBA offers!

 

Bankruptcy News Briefs 8/20

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Did You Know…

Mortgage Delinquency and Foreclosure Rates Reach Lowest Levels Since 2007

Collection Agency Act Amended in Illinois

CFPB Takes Action against Springstone Financial, LLC; Collectors Should Take Note

Second Circuit Holds Servicing Transfer Notice Not Exempt from FDCPA

Sale of Assets Results in Disposable Income

Grad-School Loan Binge Fans Debt Worries

Loan relief eyed for students hurt by Corinthian Colleges bankruptcy

Can Litigation Funding Thrive on Bankruptcy?

STUDENT LOANS: Attorney general warns against paying fees to consolidate debt

Events That Educate

NACBA Webinars Web Banner (1)

Don’t Miss NACBA’s Upcoming Webinar!

There is still time to Register for the Effective (And Ethical) Online Marketing  For Law Firms  Webinar, Wednesday, August 26, 2015  at 2:00 PM EST/11:00 AM PST. You’ll learn how to establish a comprehensive online presence that will increase your exposure, enhance your credibility and foster referrals while following the Rules of Professional Conduct. It’s Free for NACBA Members!

Join Fred J. Cohen, JD the founder and CEO of Amicus Creative Media  as he provides examples of effective websites, a list of concrete strategies to follow as well as common pitfalls to avoid.

Mark Your Calendars for NACBA’s 24th Annual Convention!

sanfranc

NACBA is gearing up for the next Annual Convention!  Make sure you Save the Date for the 24th Annual NACBA Convention in San Francisco, May 19-22, 2016!

More Perks!

 

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What’s Your NACBA Status?

Your NACBA Membership is an investment in you! Renew your membership today!

Join  NACBA to take advantage of education opportunities , the ability to network  with your