Bankruptcy News Briefs 10/12

Thursday’s Headlines in the Briefs...

Fed Survey: Consumers’ Pessimism About Household Finances, Credit Continues

Pennsylvania Enters into a New Era of Consumer Protection Enforcement: What Financial Services Companies Must Do Now

NCLC Report Finds Discretionary Pricing and Racial Disparities in Auto Add-on Products Sold by Car Dealers

Debtor Loses Argument that “Current Monthly Income” for the Means Test Includes Gross Income Received 60 Days Before Filing Date

OLDER CONSUMERS IN THE FINANCIAL MARKETPLACE

House Financial Services Committee Hears Bill to Exempt Lawyers from FDCPA in Connection with Legal Proceedings and Related Communications

The Sheer Magnitude of Debtor’s Overstatement of Income on Application Supported Inference of Intent to Deceive Under 523(a)(2)

Cutting Off Consumers: A new regulation will burden low- and middle-income Americans reliant on payday loans.

NAFCU supports CFPB TRID proposal to fix “black hole”

Best’s Special Report: Student Loan-Backed Securities: Top of the Class or Not Making the Grade?

New York Federal Court Holds Pre-Foreclosure Notice Is Not Subject to FDCPA

Equifax Website Hacked Again

Key House Republican Plans Bill to Rein In Credit Bureaus After Equifax Hack

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! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!
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Bankruptcy News Briefs 10/11

Check Out the Mid-week Headlines in the Briefs…

Pennsylvania Attorney General Files Suit Against Navient; Company Responds to Allegations

Consumers Improve on Loan Payments for Second Quarter

Debt Collector Prevails in FDCPA Case About Outdated BBB Rating

Court finds that Dividend to Creditors in Chapter 13 Case is Not a Significant Factor in Attorney Fee Analysis

Recoupment permits Social Security Administration to Recover its Debt for Prepetition Sick Leave from Debtor’s Postpetition Sick Leave Without Violating Discharge Injunction

American Households Spend Bigger Slice of Income on Debt Payments

Consumer bureau’s lending rule will harm the borrowers it wants to help

It’s All in the Timing: CFPB Addresses Timing Challenges in 2016 Mortgage Servicing Rules

Despite all the attention from the Equifax breach, consumers are doing little to protect themselves

Delinquency Rate Continues at 10-year Low

Liz Weston: Debt buyer or bankruptcy to erase $16,900 balance?

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! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 10/10

Dive Into Today’s Headlines…

Bankruptcy Filings Decline Overall in 2017

Consumer Borrowing Slows on All Fronts in August

Navient Subject of AFL-CIO Call For Insider Trading Probe

Working-Class Americans Face Growing Debt Burdens, Moody’s Says

OCC Reacts To CFPB’s Final Payday Loan Rule By Rescinding Its Deposit Advance Product Guidance

What the CFPB’s New Payday Lending Rule Means for Consumers

CFPB Amends Mortgage Servicing Rule to Facilitate Communications with Borrowers

Sen. Jamie Eldridge promotes Debt Collection Fairness Act

The Saga Continues: Who, Exactly, is a Debt Collector?

CUs Near Record Share of Consumer Loans in August

Bankruptcy Isn’t for Everyone. Maybe It Should Be.

Baby Boomers Are Drowning In Student Loan Debt

Bad Advice Sparks Confusion Over Student Loan Forgiveness Eligibility

In the wake of Equifax, there’s a fourth credit bureau you might want to contact

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! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

 

Bankruptcy News Briefs 10/9

Monday’s Headlines…

Federal Judge Allows CFPB Case Against Debt Collection Law Firm to Move Forward

Experts React to FDCPA Court Decision on Emailed Validation Notice

Recoupment permits Social Security Administration to Recover its Debt for Prepetition Sick Leave from Debtor’s Postpetition Sick Leave Without Violating Discharge Injunction

Child Support Repayment Can Be Wiped Out in Bankruptcy

Dist. Ct.: 63-Year-Old Suspended Lawyer Could Not Discharge $500,000 in Student Loans Where he Made No Good Faith Effort to Pay them for 31 years

Preliminary Thoughts on the New CFPB Rule

Wife’s Solo Bankruptcy Filing Doesn’t Pass ‘Smell Test’

Lawyer Can’t Recover Costs Advanced in Chapter 13 Case

New payday loan rules: What you need to know

Loan for Medical Prep Course Can Be Wiped Out in Bankruptcy

Dead Debtor Can’t Convert Chapter 13 Case to Chapter 7

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!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 10/6

Headlines Leading Into the Weekend…

Consumer Watchdog Curbs Unaffordable 300% Payday Loans

Court Awards NACBA Member $119, 952.24 in Fees and Expenses in Defending Against Portfolio Recovery Associates’ Appeal of Order Sanctioning It

Early analysis – Credit unions see numerous improvements in CFPB final short-term, small-dollar rule

PA attorney general says ‘deceptive’ Navient took $4 billion out of student loan holders’ pockets

GOP polling firm: Bipartisan support for consumer bureau arbitration rule

Another lesson from Equifax – We must end the predatory consumer practice of forced arbitration

Robert Samuelson: The resilient American consumer

Bankruptcy filings trend lower through three quarters of 2017

Appeal Pending in Bankruptcy Case Regarding Tuition Payments

Judge Orders Bank of America to Redo Settlement in Mortgage Dispute

IRS Gives Equifax Multimillion-Dollar Deal Despite Massive Data Breach

NACBA’s 2017 Hill Day!

NACBA is excited for 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

NACBA’s October Webinar Lineup!

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!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 10/5

Check Out Headlines in Thursday’s Bankruptcy News Briefs…

Federal Student Loan Default Rates See Slight Uptick

U.S. Chamber of Commerce and Other Finance Industry Groups File Lawsuit to Overturn CFPB’s Arbitration Rule

Three Commonly Overlooked Causes of Bankruptcy in the US

Court: Validation Notice Sent Via Email Requiring Consumer to Click a Link to Open a “Secure Package” Is Not “Sending” a Validation Notice Under FDCPA

Judge Rules Unintentional Violation of Policies and Procedures Permits Debt Collector to invoke ‘Bona Fide Error’ Defense

Debtor in Her Fifties who Never Searched for Jobs Unrelated to her Master’s Degree, and who Never Applied for Income-Based Repayment Plans, Failed All 3 Prongs of Brunner Student Loan Dischargeability Test

Reform of the CFPB Through the Financial Choice Act

Post-Recession Borrowers Struggle to Repay Loans

CFPB issues interim final rule on mortgage servicer communication

Dear Debtor, Three Strikes And You’re Outta Here!

Ninth Circuit Reverses Course On Measure Of Collateral Value In Cramdown Confirmation Of Chapter 11 Plan

Maine Bankruptcy Judge Rules That § 362(c)(3)(A) Automatically Terminates Automatic Stay

Equifax Calls for Free Credit Locks. Experian’s Reply? Nope.

Advocates Seek Congressional Action on Credit Data Protection

Rising Household Debt: What It Means For Growth And Stability

NACBA’s 2017 Hill Day!

NACBA is excited for 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

NACBA’s October Webinar Lineup!

Today’s Webinar!

Date: Thursday, October 5th, 3:00 PM – 4:00 PM Eastern
Presented By: Dan LaBert, NACBA Executive Director
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

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!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

 

Bankruptcy News Briefs 10/4

Midweek Headlines…

Pennsylvania Attorney General Seeks to Halt ‘Rollback of Critical Student Loan Protections’

Judicial Lien Need Not Be Enforceable To Be Avoidable

The ‘Let Them Eat Cake’ Party-The Senate GOP would send yet another tone-deaf message if it guts CFPB’s voluntary arbitration rule.

Judge says no to new trial for Houston debt buyer after $25 million verdict

Debt settlement vs. filing for bankruptcy: Pros and cons

U.S. economic growth expected to continue, Baird investment pro says

No U.S. Bailout for Puerto Rican Debt, Trump’s Budget Chief Says

The high cost of student loan debt

Unraveling the Equifax Data Breach

How the Bankruptcy System Is Failing Black Americans

Total New Hampshire bankruptcies fall in September

Senate Acts to Ease Pressure on Bankruptcy Courts and Increase Bankruptcy Fees

September 2017: Bankruptcy & Restructuring Litigation Update

NACBA’s 2017 Hill Day!

NACBA is excited for 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

 

NACBA’s October Webinar Lineup!

 

The Listserv is Dead! Long Live the Listserv!

Date: Thursday, October 5th, 3:00 PM – 4:00 PM Eastern
Presented By: Dan LaBert, NACBA Executive Director
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

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!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!