Bankruptcy News Briefs- 6/28

Happy Friday! Check out the following news briefs…

How the CFPB’s Proposed Debt Collection Rules Would Impact Creditors and First Party Collections [Podcast]

Arbitration Clauses: What Works, What Doesn’t, and How Creditors Can Help

CFPB Files Amicus Brief in Support of Plaintiff in Fourth Circuit FDCPA case

Democratic Divisions on Higher Ed

The Student Loan Cancellation Discussion Keeps Going In The Wrong Direction

Ninth Circuit Dials Back Robocall Exemption for Government Debt

Justin Haskins: Hey Bernie, I’ve got $500,000 in student loan debt – but you can keep your government handout

New state law will soon stop debt collectors from harassing you over old debts

Trish Regan: Student loan debt robs young people of the ability to take risk

REGISTER FOR NACBA’S LIVE WEBINARS!

Chapter 13 Plan Provisions: What Are They Good For?
Date: July 11, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., O. Max Gardner III, Esq. & James Haller, Esq.
Register HERE

Avoid having unwanted provisions forced upon you and getting non-standard provisions that you want.

Why You Should Attend: Stuck with a plan provision unfavorable to your client? Learn how to contest those provisions and get more favorable language added to the plan.

Introduction to Bankruptcy, Chapter 7 and Chapter 13 Online Workshop
Date: July 26, 2019
Time: 3:00 PM EST – 6:00 PM EST
Cost: $99 Member / $149 Non Member
Presenters: Edward Boltz, Esq., Hal Nemeth, Esq. & James Haller, Esq.
Register HERE

Bankruptcy is a world unto itself. This webinar is designed to introduce practitioners to the bankruptcy landscape and will cover the basics of chapter 7 and chapter 13, the difference between the two, and factors to consider when recommending one chapter over another. This program will give new attorneys and staff an introduction to bankruptcy practice.

Why You Should Attend: Let NACBA introduce your attorneys and staff to the practice of the Bankruptcy Code.

Bankruptcy “Law and Order” Edition: Fifth Amendment and Bankruptcy
Date: August 8, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Edward Boltz, Esq., Hal Nemeth, Esq. & James Haller, Esq.
Register HERE

To prevent malpractice, you need to know how to protect yourself and your client from potential criminal prosecution. This webinar will review the 5th amendment, its use in bankruptcy proceedings, and best practices.

Why You Should Attend: In the criminal bankruptcy system, people are instigated by separate two equally powerful groups: The UST, who investigates crime, and the U.S. attorneys, who prosecute the offenders. These are their stories. Learn how and when you and your client are protected by the 5th Amendment in bankruptcy proceedings.

JOIN US IN PUERTO RICO!

Registration is OPEN!

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Bankruptcy News Briefs- 6/27

This Thursday’s bankruptcy news briefs read…

Bankruptcy Court Suspends Counsel for Changing Schedules After Signing. Employing “Trust But Verify” the Court “Peeked and Shrieked.”

New Washington Debt Collection Law Requires Itemization Notice for Medical Debt

Jamie Dimon sounds off on student debt crisis: ‘What we’ve done is a disgrace’

Dueling Proposals To Wipe Out Student Debt Would Be Paid For With Tax Dollars

Ninth Circuit Follows Fourth Circuit in Finding TCPA ‘Debt Collection’ Exemption Unconstitutional

Financial literacy skills have taken a nose dive since the Great Recession

Yes, I want to pay off my student loans

Guess how much cheaper your auto loan would be if dealers had to play fair

Bank overdraft fees could jump if consumer watchdog eases rule

REGISTER FOR NACBA’S LIVE WEBINARS!

Chapter 13 Plan Provisions: What Are They Good For?
Date: July 11, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., O. Max Gardner III, Esq. & James Haller, Esq.
Register HERE

Avoid having unwanted provisions forced upon you and getting non-standard provisions that you want.

Why You Should Attend: Stuck with a plan provision unfavorable to your client? Learn how to contest those provisions and get more favorable language added to the plan.

Introduction to Bankruptcy, Chapter 7 and Chapter 13 Online Workshop
Date: July 26, 2019
Time: 3:00 PM EST – 6:00 PM EST
Cost: $99 Member / $149 Non Member
Presenters: Edward Boltz, Esq., Hal Nemeth, Esq. & James Haller, Esq.
Register HERE

Bankruptcy is a world unto itself. This webinar is designed to introduce practitioners to the bankruptcy landscape and will cover the basics of chapter 7 and chapter 13, the difference between the two, and factors to consider when recommending one chapter over another. This program will give new attorneys and staff an introduction to bankruptcy practice.

Why You Should Attend: Let NACBA introduce your attorneys and staff to the practice of the Bankruptcy Code.

Bankruptcy News Briefs- 6/26

Check out these post-hearing bankruptcy & consumer headlines…

NACBA Calls to Restore the Student Loan Bankruptcy Discharge

Hey, robocallers, take this: FTC, Illinois, other states announce major crackdown on spam calls

Antitrust Subcommittee Hears Testimony on Student Debt Crisis, Bankruptcy Reform

Consumer Advocates: Bankruptcy Law Governing Payment of Debt Is Squeezing the Most Vulnerable

The ‘after’ picture of student loans: Credit card debt, smelly cars, pawn shops to make ends meet

When Patients Can’t Pay, Many Hospitals Are Suing

Canceling Student Loan Debt Doesn’t Make Problems Disappear

SCOTUS Adopts “No Fair Ground of Doubt” Standard for Violations of Bankruptcy Discharge Order

Hospitals Earn Little From Suing For Unpaid Bills. For Patients, It Can Be ‘Ruinous’

Lawmakers Reconsider Bankruptcy for Student Loans

Student loan borrowers who say they were defrauded sue Betsy DeVos for failing to cancel their debt

CFPB Signals Greater Clarity Coming for Abusive Standard

Two-thirds of American employees regret their college degrees

The Moral Hazard Of Student Loan Forgiveness

This debt could force you into bankruptcy, and it’s not student loans

Delgado: Raise bankruptcy debt caps for farmers

REGISTER FOR NACBA’S LIVE WEBINARS!

Chapter 13 Plan Provisions: What Are They Good For?
Date: July 11, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., O. Max Gardner III, Esq. & James Haller, Esq.
Register HERE

Avoid having unwanted provisions forced upon you and getting non-standard provisions that you want.

Why You Should Attend: Stuck with a plan provision unfavorable to your client? Learn how to contest those provisions and get more favorable language added to the plan.

Introduction to Bankruptcy, Chapter 7 and Chapter 13 Online Workshop
Date: July 26, 2019
Time: 3:00 PM EST – 6:00 PM EST
Cost: $99 Member / $149 Non Member
Presenters: Edward Boltz, Esq., Hal Nemeth, Esq. & James Haller, Esq.
Register HERE

Bankruptcy is a world unto itself. This webinar is designed to introduce practitioners to the bankruptcy landscape and will cover the basics of chapter 7 and chapter 13, the difference between the two, and factors to consider when recommending one chapter over another. This program will give new attorneys and staff an introduction to bankruptcy practice.

Why You Should Attend: Let NACBA introduce your attorneys and staff to the practice of the Bankruptcy Code.

JOIN US IN DIFFUSING THE STUDENT DEBT BOMB

Visit studentdebtbomb.com to learn more

Bankruptcy News Briefs- 6/21

Happy Friday! Check out the following…

Case Bites – Interesting Bites From This Week’s Cases

Good News From FDCPAWorld: Court Holds Use Of Local Area Code Does Not Violate FDCPA

Former CFPB official whose blog posts sparked racial scandal lands gig at HUD

More employers offer student debt assistance

Debt-Saddled Millennials Are Rushing Into Home Ownership—And It’s Costing Them

US Consumer Debt Is Worse Than Ever

The economy is booming. But are Americans’ finances healthier because of it?

REGISTER FOR NACBA’S LIVE WEBINARS!

Chapter 13 Plan Provisions: What Are They Good For?
Date: July 11, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., O. Max Gardner III, Esq. & James Haller, Esq.
Register HERE

Avoid having unwanted provisions forced upon you and getting non-standard provisions that you want.

Why You Should Attend: Stuck with a plan provision unfavorable to your client? Learn how to contest those provisions and get more favorable language added to the plan.

Introduction to Bankruptcy, Chapter 7 and Chapter 13 Online Workshop
Date: July 26, 2019
Time: 3:00 PM EST – 6:00 PM EST
Cost: $99 Member / $149 Non Member
Presenters: Edward Boltz, Esq., Hal Nemeth, Esq. & James Haller, Esq.
Register HERE

Bankruptcy is a world unto itself. This webinar is designed to introduce practitioners to the bankruptcy landscape and will cover the basics of chapter 7 and chapter 13, the difference between the two, and factors to consider when recommending one chapter over another. This program will give new attorneys and staff an introduction to bankruptcy practice.

Why You Should Attend: Let NACBA introduce your attorneys and staff to the practice of the Bankruptcy Code.

Bankruptcy “Law and Order” Edition: Fifth Amendment and Bankruptcy
Date: August 8, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Edward Boltz, Esq., Hal Nemeth, Esq. & James Haller, Esq.
Register HERE

To prevent malpractice, you need to know how to protect yourself and your client from potential criminal prosecution. This webinar will review the 5th amendment, its use in bankruptcy proceedings, and best practices.

Why You Should Attend: In the criminal bankruptcy system, people are instigated by separate two equally powerful groups: The UST, who investigates crime, and the U.S. attorneys, who prosecute the offenders. These are their stories. Learn how and when you and your client are protected by the 5th Amendment in bankruptcy proceedings.

Bankruptcy News Briefs- 6/20

Don’t miss the following consumer and bankruptcy news…

From the Top in Brief: Nonjudicial Foreclosure Not Regulated by the FDCPA

How 2020 presidential candidates would address ‘albatross’ of student debt

Second Circuit Rules that Bankruptcy Code’s Fraudulent Transfer Recovery Provisions Can Reach Foreign Transferees

Bipartisan House bill seeks to mitigate student loan debt for young farmers

Why student-loan forgiveness is making primary care more attractive

Lawsuit alleges the government is illegally garnishing tax refunds of student-loan borrowers

U.S. consumer debt is now breaching levels last reached during the 2008 financial crisis

Here’s what you should be doing in your 20s, 30s and 40s to retire wealthy, says money expert

REGISTER FOR TODAY’S NACBA LIVE WEBINAR!

Advanced Topics in Chapter 13 Online Workshop
Date: June 20, 2019
Time: 3:00 PM EST – 6:00 PM EST
Cost: $99 Member / $149 Non Member
Presenters: Trish Mayer Esq., Summer Shaw, Esq. & James Haller Esq.
Register HERE

This panel is in response to the statement, “teach me something I didn’t know.” Designed for attorneys who are already seasoned or strive to be, the program will give participants new and innovative weapons with which to assist their clients.

  • Small Business Ch. 13 Issues
  • Business debtor’s reporting and accounting
  • Valuing a sole proprietorship and “collapsing” the business entity
  • Early withdrawal tax penalties as non-priority claims
  • Election of short tax year to create pre-petition tax debt in a chapter 7
  • 1099-C issues
  • Proper application of prior-case payments in refiled chapter 13 cases
  • “How to” lien strip an unsecured mortgage, including service and discharge issues

Why You Should Attend: Chapter 13 is easy. Its just filling out a bunch of forms and handing them (and the debtor) to the Trustee. WRONG! Chapter 13 is more complicated and offers more opportunities for the creative and aggressive attorney than any other bankruptcy. Find out how to be that attorney, so that your competition doesn’t steal all of your potential clients.

Chapter 13 Plan Provisions: What Are They Good For?
Date: July 11, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., O. Max Gardner III, Esq. & James Haller, Esq.
Register HERE

Avoid having unwanted provisions forced upon you and getting non-standard provisions that you want.

Why You Should Attend: Stuck with a plan provision unfavorable to your client? Learn how to contest those provisions and get more favorable language added to the plan.

HAVE YOU SAVED THE DATES FOR #NACBALA?

Bankruptcy News Briefs- 6/19

In this bankruptcy news brief are the following…

Taggart watch: three recent cases interpret the Supreme Court case In re Taggart

Ninth Circuit Reaffirms Its Broad Definition of ATDS in TCPA; Rules Government Debt Exception Unconstitutional

With No Buyer In Sight, Jet Airways Lands In Bankruptcy Court

Labor Dept. Supports Retiree Committee for Sears Bankruptcy

Recent Developments in the Enforceability of Make-Whole Premiums in the Second Circuit

Schools Where Students Take On the Most Debt to Attend

Saddled with big student loans? These companies help employees pay off school debt.

$5.3 million in Pennsylvania student debt to be canceled as part of national lawsuit settlement

New Tone, Old Policies at CFPB Under Kraninger

REGISTER FOR TOMORROW’S WEBINAR!

Advanced Topics in Chapter 13 Online Workshop
Date: June 20, 2019
Time: 3:00 PM EST – 6:00 PM EST
Cost: $99 Member / $149 Non Member
Presenters: Trish Mayer Esq., Summer Shaw, Esq. & James Haller Esq.
Register HERE

This panel is in response to the statement, “teach me something I didn’t know.” Designed for attorneys who are already seasoned or strive to be, the program will give participants new and innovative weapons with which to assist their clients.

  • Small Business Ch. 13 Issues
  • Business debtor’s reporting and accounting
  • Valuing a sole proprietorship and “collapsing” the business entity
  • Early withdrawal tax penalties as non-priority claims
  • Election of short tax year to create pre-petition tax debt in a chapter 7
  • 1099-C issues
  • Proper application of prior-case payments in refiled chapter 13 cases
  • “How to” lien strip an unsecured mortgage, including service and discharge issues

Why You Should Attend: Chapter 13 is easy. Its just filling out a bunch of forms and handing them (and the debtor) to the Trustee. WRONG! Chapter 13 is more complicated and offers more opportunities for the creative and aggressive attorney than any other bankruptcy. Find out how to be that attorney, so that your competition doesn’t steal all of your potential clients.

Bankruptcy News Briefs- 6/18

Read today’s headlines below…

7th Circuit Reverses Precedent, Holds No Compliance Exceptions to Rule 8006(g) Based on the Functional-Equivalence Doctrine and/or the Harmless-Error Doctrine

Treasury Department recommends ‘mandatory’ financial-literacy courses for college students

Debt Collector Goes Bankrupt After Health Care Data Hack

I’m a 29-Year-Old With $235k in Student Debt. I’ll Never Pay It Back.

Texas Court Finds No Issue With Mailing Second Validation Letter After 30-Day Validation Window

College loan forgiveness sought for young farmers

Federal Court: Unlicensed Debt Buyer Violates FDCPA – Is Ruling in Harmony with the New Jersey Consumer Finance Licensing Act?

Fourth Circuit’s Decision Revitalizes First Amendment Challenge to the TCPA

Former ITT Tech students get millions in relief from student loan debt

Is College Worth the Cost?

The CFPB 4.0 – A Year of Changes: New Director, New Developments, New Directions

Discover eliminates bank fees, which can cost consumers almost $100 a year

Americans are stressed about money, and student loans are ‘probably leading the way’

REGISTER FOR NACBA’S UPCOMING LIVE WEBINARS!

Advanced Topics in Chapter 13 Online Workshop
Date: June 20, 2019
Time: 3:00 PM EST – 6:00 PM EST
Cost: $99 Member / $149 Non Member
Presenters: Trish Mayer Esq., Summer Shaw, Esq. & James Haller Esq.
Register HERE

This panel is in response to the statement, “teach me something I didn’t know.” Designed for attorneys who are already seasoned or strive to be, the program will give participants new and innovative weapons with which to assist their clients.

  • Small Business Ch. 13 Issues
  • Business debtor’s reporting and accounting
  • Valuing a sole proprietorship and “collapsing” the business entity
  • Early withdrawal tax penalties as non-priority claims
  • Election of short tax year to create pre-petition tax debt in a chapter 7
  • 1099-C issues
  • Proper application of prior-case payments in refiled chapter 13 cases
  • “How to” lien strip an unsecured mortgage, including service and discharge issues

Why You Should Attend: Chapter 13 is easy. Its just filling out a bunch of forms and handing them (and the debtor) to the Trustee. WRONG! Chapter 13 is more complicated and offers more opportunities for the creative and aggressive attorney than any other bankruptcy. Find out how to be that attorney, so that your competition doesn’t steal all of your potential clients.

Chapter 13 Plan Provisions: What Are They Good For?
Date: July 11, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., O. Max Gardner III, Esq. & James Haller, Esq.
Register HERE

Avoid having unwanted provisions forced upon you and getting non-standard provisions that you want.

Why You Should Attend: Stuck with a plan provision unfavorable to your client? Learn how to contest those provisions and get more favorable language added to the plan.

Introduction to Bankruptcy, Chapter 7 and Chapter 13 Online Workshop
Date: July 26, 2019
Time: 3:00 PM EST – 6:00 PM EST
Cost: $99 Member / $149 Non Member
Presenters: Edward Boltz, Esq., Hal Nemeth, Esq. & James Haller, Esq.
Register HERE

Bankruptcy is a world unto itself. This webinar is designed to introduce practitioners to the bankruptcy landscape and will cover the basics of chapter 7 and chapter 13, the difference between the two, and factors to consider when recommending one chapter over another. This program will give new attorneys and staff an introduction to bankruptcy practice.

Why You Should Attend: Let NACBA introduce your attorneys and staff to the practice of the Bankruptcy Code.