Bankruptcy News Briefs 6 /16

Headlines Leading Into the Weekend…

U.S. financial bureau weighs further changes to prepaid card rule

CFPB Director Informs Consumer Advisory Board That Bureau Will Not Shy Away from Issuing Debt Collection Proposed Rule

Bankr WD Mo. Rejects 11th Circuit’s Meaning of “Surrender” in §521(a)(2) in Denying Wells Fargo’s Motion to Compel Debtor to Surrender Home

Feds Point Fingers as ‘Debt Relief’ Companies Prey on Student Loan Borrowers

Defaulted Debt Buyer Does Not Collect Debts “Due Another” Under FDCPA, SCOTUS Rules

Why Betsy DeVos Will Rewrite These Student Loan Forgiveness Rules

Reforms Ignore Need To Overhaul VA Debt Collection

U.S. Halts New Rules Aimed at Abuses by For-Profit Colleges

CFPB Director Cordray responds to claims he slowed Wells Fargo investigation

Upcoming NACBA Webinar!

Don’t miss NACBA’s comprehensive webinar, “2017 Case Law Updates & Impact on Consumer Bankruptcy Attorneys,Thursday, June 22nd from 3pm-4pm ET with Henry Sommer and Angela Littiwn. This webinar will discuss recent trends in bankruptcy case law, with analysis of cases decided by the Courts of Appeals and other appellate courts. Take a look at the cases they will be discussing and make sure you Register Today!

Cost is $25 for NACBA Members/$75 For NonMembers

Renew Your Membership  For a Chance to Win This Great Resource!

Renew your membership in June to be entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the Requirements and start referring today!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

Bankruptcy News Briefs 6/15

Dive Into Today’s Headlines…

Trump Reinstates Jessica Rosenworcel’s FCC Nomination

Study: Consumers Pay Down Credit Card Debt in First Quarter; But Not Enough

U.S. Department of the Treasury Calls for CFPB Reform in Report to President

ED RFP Litigation Continues Even While RFP “Do-Over” is in Progress

Six Degrees Of Separation: Use Of Bankruptcy Rule 2004 Examination In Connection With Third-Party Litigation

The CFPB’s Examination Playbook Revealed

Department of Education Intends to Revisit Rules that Provide Relief and Protections to Students, Taxpayers from School Fraud

Jurisdiction Retention Clause in Sale Order Can’t Provide Bankruptcy Court Subject Matter Jurisdiction for Contract Disputes between Non-Debtors

Why consumer groups are ready to fight Trump rollback of financial safeguards

How debt collection industry scored rare ‘victory’

Treasury Report Recommends Keeping Data From Consumers

Gorsuch’s First Opinion: Let Debt Collectors Run Amok

Colorado Modifies and Extends Its Fair Debt Collection Practices Act Through September 1, 2028; Extends Scope to Cover “Debt Buyers”Assembly Judiciary Committee Approves ​Wieckowski Bill

Feds point fingers as ‘debt relief’ cos. prey on students

So Who Really Is A ‘Debt Collector’ Under The FDCPA?

Upcoming NACBA Webinar!

Don’t miss NACBA’s comprehensive webinar, “2017 Case Law Updates & Impact on Consumer Bankruptcy Attorneys,Thursday, June 22nd from 3pm-4pm ET with Henry Sommer and Angela Littiwn. This webinar will discuss recent trends in bankruptcy case law, with analysis of cases decided by the Courts of Appeals and other appellate courts. Take a look at the cases they will be discussing and make sure you Register Today!

Cost is $25 for NACBA Members/$75 For NonMembers

Renew Your Membership  For a Chance to Win This Great Resource!

Renew your membership in June to be entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the Requirements and start referring today!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

Bankruptcy News Briefs 6/14

Midweek Happenings…

Consumer Borrowing Shows Marginal Increase in April

Federal Reserve Survey: Consumers’ Overall Financial Well-Being Improves

SCOTUS Issues Landmark Precedent for FDCPA in Case Supported by ACA’s Industry Advancement Program

Treasury Department Issues Long Awaited Report on Regulatory Reform for the Financial Services Industry

WV Supreme Court Rules in Favor of Debt Collector on Call Volume

Grace Period to Cure Arrearage Beyond Five-Year Plan Period

NCLC Leads Consumer Groups in Urging FCC to Initiate Enforcement Action Against Navient for Violations of the TCPA

Chapter 7 Debtors had to Turnover Pre-petition Payments made for Daughter’s Ballet Courses, as well as Paid Time Off

Treasury: Gut CFPB, overhaul residential mortgage lending regulation

U.S. Supreme Court Excludes Banks Collecting Purchased Delinquent Debt from Definition of “Debt Collector” under the FDCPA

Feds revising rule covering third-party debt collectors

It’s time to get realistic about the debt ceiling

Upcoming NACBA Webinar!

Don’t miss NACBA’s comprehensive webinar, “2017 Case Law Updates & Impact on Consumer Bankruptcy Attorneys,Thursday, June 22nd from 3pm-4pm ET with Henry Sommer and Angela Littiwn. This webinar will discuss recent trends in bankruptcy case law, with analysis of cases decided by the Courts of Appeals and other appellate courts. Take a look at the cases they will be discussing and make sure you Register Today!

Cost is $25 for NACBA Members/$75 For NonMembers

Renew Your Membership  For a Chance to Win This Great Resource!

Renew your membership in June to be entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the Requirements and start referring today!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

Bankruptcy News Briefs 6/13

Take a Moment To Dive Into These Headlines…

CFPB Seeks OMB Approval to Conduct a Consumer Survey to Test Debt Collection Disclosures

Industry Association Urges Caution When Interpreting Santander Decision

Judge McEwen Sanctions Green Tree under FRBP 9011 for Not Verifying Values of Collateral in Reaffirmation Agreements; Orders Servicer to Modify Training Manual

U.S. Supreme Court Holds Debt Purchaser Collecting Its Own Debt Is Not Subject to FDCPA

Federal Court Dismisses Class Action Alleging Solicitation for Payments on Time-Barred Debt is “Misleading” Under FDCPA

Ocwen to Resume Constitutional Attack on CFPB

Administration looks to curb CFPB powers, change bank rules

Removing the Tax Consequences of Student Loan Discharge

Women hold most of the US’s student loan debt

Debt collector call volume doesn’t constitute harassment, court rules

West Virginia Top Court Says Debt Collector Calls OK

IRS use of collection agencies for debts could unleash scam attempts

Rhode Island Federal Court Refuses to Dismiss FDCPA Case against Law Firm Pursuing Mortgage Foreclosure

Ohio Law Firm Believes Mounting Credit Card Debt in U.S. Will Increase Bankruptcies

Upcoming NACBA Webinar!

Don’t miss NACBA’s comprehensive webinar, “2017 Case Law Updates & Impact on Consumer Bankruptcy Attorneys,Thursday, June 22nd from 3pm-4pm ET with Henry Sommer and Angela Littiwn. This webinar will discuss recent trends in bankruptcy case law, with analysis of cases decided by the Courts of Appeals and other appellate courts. Take a look at the cases they will be discussing and make sure you Register Today!

Cost is $25 for NACBA Members/$75 For NonMembers

Renew Your Membership  For a Chance to Win This Great Resource!

Renew your membership in June to be entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the Requirements and start referring today!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

 

 

Bankruptcy News Briefs 6/12

Kick Off Your Monday With These Headlines…

Loan Paid Directly from Dept. of Educ. to Penn State Not a Fraudulent Transfer

Suggestive Medical Collection Letters under Fire in Texas FDCPA Class Action

Even if Debtor did Not Review Tax Returns that her Ex-Husband Filed, She Willfully Violated her Duty Under 11 USC 523 and Could Not Discharge Taxes

Judge Orders Bankruptcy Court to Consider Evidence of Trustee and Special Counsel Activity when Considering Request for Sanctions

Why the CFPB’s Decision to Change Course on Debt Collection Rulemaking is a Very Big Deal

For CFPB, About Face On Debt Collection?

Gorsuch issues first ruling in case defining ‘debt collector

U.S. top court won’t expand debt-collection abuse law in Santander case

Supreme Court: Protections Against Debt Collectors Don’t Apply To Banks That Purchase Defaulted Loans

The IRS did Not Violate the Discharge Injunction by Collecting a Tax Debt that was Not Discharged

3rd Circuit: Bankruptcy Code Does Not Prohibit a Bankruptcy Court from issuing a Filing Injunction Against a Debtor who Requests Voluntary Dismissal under 11 U.S.C. § 1307(b)

New NACBA Webinar!

Don’t miss NACBA’s comprehensive webinar, “2017 Case Law Update& Impact on Consumer Bankruptcy Attorneys,Thursday, June 22nd from 3pm-4pm ET with Henry Sommer and Angela Littiwn. This webinar will discuss recent trends in bankruptcy case law, with analysis of cases decided by the Courts of Appeals and other appellate courts. Take a look at the cases they will be discussing and make sure you Register Today!

Cost is $25 for NACBA Members/$75 For NonMembers

Renew Your Membership  For a Chance to Win This Great Resource!

Renew your membership in June to be entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the Requirements and start referring today!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

Register for NACBA’s Webinar, “2017 Case Law Update& Impact on Consumer Bankruptcy Attorneys” Today!

 

Don’t miss NACBA’s comprehensive webinar, “2017 Case Law Update& Impact on Consumer Bankruptcy Attorneys,Thursday, June 22nd from 3pm-4pm ET with Henry Sommer and Angela Littiwn. This webinar will discuss recent trends in bankruptcy case law, with analysis of cases decided by the Courts of Appeals and other appellate courts. Take a look at the cases they will be discussing and make sure you Register Today!

  • Midland Funding, LLC v. Aleida Johnson, No. 16-348
  • Husky Int’l Elecs., Inc. v. Ritz, 136 S. Ct. 1581 (2016)
  • Failla v. Citibank, N.A. (In re Failla), 838 F.3d 1170 (11th Cir. 2016)
  • Lynch v. Jackson, 2017 WL 59011 (4th Cir. Jan. 4, 2017)
  • In re Adinolfi, 543 B.R. 612 (B.A.P. 9th Cir. 2016)
  • Fla. Dep’t of Revenue v. Gonzalez (In re Gonzalez), 832 F.3d 1251 (11th Cir. 2016)
  • In re Rivera, 832 F.3d 1103 (9th Cir. 2016)
  • County of Dakota v. Milan (In re Milan), 556 B.R. 922, 923 (B.A.P. 8th Cir. 2016)
  • Germeraad v. Powers, 826 F.3d 962 (7th Cir. 2016)
  • In Re Tracht Gut, LCC, 836 F.3d 1146 (9th Cir. 2016)
  • Birmingham v. PNC Bank, N.A. (In re Birmingham), 846 F.3d 88 (4th Cir. 2017)
  • In re Crawford, 841 F3 1 (1st Cir. Oct. 25, 2016)
  • DeNoce v. Neff (In re Neff), No. 14-60017 (9th Cir. June 9, 2016)
  • Spokane Law Enforce Fed. Credit Union v. Barker (In re Barker), 839 F.3d 1189 (9th Cir. 2016)
  • Anderson v. Hancock (In re: Hancock), 820 F.3d 670 (4th Cir. 2016)
  • Smith v. Capital One Bank (USA), N.A., 845 F.3d 256 (7th Cir. 2016)
  • Bazemore v. Jefferson Capital Sys., LLC, No.  15-12607 (11th Cir. July 5, 2016)

Cost of the Webinar

$25 for NACBA Member/$75 Non-Member

We Hope You Join Us!

Bankruptcy News Briefs 6/9

Headlines Leading Into the Weekend…

CFPB To Intertwine “Right Consumer, Right Amount” Creditor and Debt Collector Rules

House Votes to Adopt CHOICE Act, Which Would Effectively Gut the CFPB

Congress Makes the Wrong Choice with Financial Reform Rollback Legislation

DEBT COLLECTION ABUSES LEADING SOURCE OF SERVICE MEMBER AND VETERAN COMPLAINTS TO CFPB

With consumer debt at record high, low-income borrowers falling behind

Bill to Erase Some Dodd-Frank Banking Rules Passes in House

What is in A Name Redux – Recent Case Law Interpreting the Requirement for Correctly Stating the Name of an Individual Debtor under Revised UCC Section 9503

Defaulting on student loans may lead to the loss of your home

House passes Choice Act that would gut Dodd-Frank banking reforms

Renew Your Membership  For a Chance to Win This Great Resource!

Renew your membership in June to be entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the Requirements and start referring today!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!