Bankruptcy News Briefs 11/13

Read the Headlines Kicking Off a New Week…

Illinois Court Finds Adding Collection Costs Pursuant to Underlying Contract Does Not Violate FDCPA

Freedom Debt Relief Responds to CFPB Complaint

Consumer Advocates Press Congress on Access to Justice

Behind the Lucrative Assembly Line of Student Debt Lawsuits

Creditor’s Removal of Pre-petition State Court Case to Bankruptcy Court Violated the Automatic Stay

Debtor’s Age Discrimination Claim was Not Judicially Estopped by Failure to Disclose it in Bankruptcy Case

Title Lender Offers Buyout Program Ahead of CFPB Rule

FTC Files Complaint Against Debt Collection Business for Alleged Violations of FTC Act, FDCPA

Online loans leave consumers deeper in debt, Fed research says

Minneapolis debt collector sued over notice to consumer

CFPB to Survey Consumers on Debt Collection Disclosures

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

  • You must be logged in to receive the member rate. See help video.

Who’s Excited for the 2018 NACBA Annual Convention?

 

  • 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! 

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

Bankr1uptcy News Briefs 11/9

Dive Into Thursday’s Headlines…

Bankruptcy Filings Spike in October

FTC Accuses Debt Collector of Deceitful Tactics

Denial of Discharge for Fraudulent Note

New CFPB Enforcement Chief To Be Appointed

N.J. judge knocks debt collection lawsuit but forgoes sanctions for plaintiffs’ lawyers

Inside Betsy DeVos’s efforts to shrink the Education Department

Americans Over Age 60 Fastest Growing Demographic for Student Loan Debt

Medicaid expansion saved 50,000 people from bankruptcy in 2 years

Supreme Court hears arguments in case questioning Bankruptcy Code interpretation

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

  • You must be logged in to receive the member rate. See help video.

Don’t Miss Today’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 11/8

Midweek Headlines…

U.S. consumer agency sues Freedom Debt Relief for misleading consumers

Who Is to Blame for Skyrocketing Consumer Credit Debt?

Oregon Requires Debt Buyers to be Licensed, Stronger Documentation

Wall Street Is Fighting a CFPB Deal Over Billions in Defaulted Student Loans

CFPB Issues Interim Final Rule Amending Time Requirement For Servicers To Send Subsequent Early Intervention Notices

Debtors Who Transferred Rental Property to their Daughter 4 Years Pre-petition Passed Marrama’s Good-Faith Test and Could Convert to Chapter 13

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

  • You must be logged in to receive the member rate. See help video.

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 11/7

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

  • You must be logged in to receive the member rate. See help video.

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! 

Register Today for NACBA’s 2017 Virtual Bankruptcy Workshop

NACBA’s panel of experts will examine the new and amended bankruptcy rules, national uniform plan and local plans.  While your district may be using its own local plan, many plans use language substantially similar to the national form plan.  Find out what issues may arise and how to litigate them.  Does your local plan meet the legal requirements of Bankruptcy Rule 3015.1?  What districts are using the national plan, national plan lite or original local plans? Join us to find out.

Some of the issues that will be discussed in this seminar include:

  • Under Amended Rule 2002(a)(9) is the Bankruptcy Clerk’s office going to assume the responsibility of notifying all creditors of the deadline to file an objection to confirmation
  • When is the earliest possible hearing date for confirmation under the new rules?
  • If no objections are filed can the Court confirm the plan without hearing?
  • Does the 7-day deadline to file an objection to confirmation apply to chapter 13 trustees as well?
  • Why was the lien protection for secured creditors added in amended Rule 3002(a)?
  • What effect will the change in deadline to file claims have on creditors and debtors?
  • Does amended Rule 3002(c)(6) mean that creditors effectively have carte blanche to file claims late?
  • What exactly do claims for residences have to include?  What can be left out and why?
  • When objecting to claims what official form has to be used?  Has the entity to be given notice changed?
  • Do the amended rules allow debtors to determine secured and priority amounts through the plan?  What if the district is using a local form plan?
  • Can debtors do a lien strip using the plan?  How?
  • When should new rule 5009(d) be used, at the beginning or end of case?  How do attorneys get paid for the work?
  • Has your local chapter 13 form plan qualified under the requirements of new Bankruptcy Rule 3015.1?  If not what can you do?
  • Which jurisdictions have opted to use a local plan?  Are those plans similar or completely different than the uniform plan?   What if your district hasn’t officially adopted a local plan but is working on it.  Which plan should you use?
  • What additional language can be used in the non-standard section of the plan?  Give us lots of examples.
  • How do attorney’s fees get paid under the uniform plan?  Is there suggested distribution language to use in plans to insure attorneys are paid?

Materials for the workshop include:

  • Copies of red-lined rules and the national uniform plan;
  • Copies of NACBA and NCBJ’s comments to proposed rules;
  • Recommended non-standard plan language add-ins including but not limited to 524(i) language, partial cram down of non-PMSI, lien strip off in chapter 20 cases, modification of the stay adjustments, attorneys fees and priority of payments under the plan.
  • Map/list of districts using uniform plan vs. local plans;
  • Copies of form motions and briefs to challenge local plans.

Here’s All The Information You Need to Get Registered Today!

Register HERE

  • You must be logged in to receive the member rate. See help video.

Dates: December 7-8, 2017
Time:12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
Rate: NACBA Member Fee: $199 Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Bankruptcy News Briefs 11/6

Check Out Monday’s New Stories…

Credit Card Market Continues to Grow as Economy is on the Upswing

Trump Kills Cordray’s Arbitration Rule; Would He Do the Same for Debt Collectors?

CFPB Settlement With Student Loan Trust Raises Red Flags

§349 Required that Funds held by Chapter 13 Trustee be Paid to the Debtor Upon Dismissal

Chapter 13 Debtors’ Plan Could Discriminate in Favor of Student Loans Since they had Reasonable Bases for the Proposed Discrimination

All Oklahoma Sheriffs Named in Debt-Collection Lawsuit

Vanquish a phantom debt for good

Consumer Watch: Debt payment tips to keep strong credit rating

Are rising debt loads and declining protections too much for consumers?

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!