Take some time to read these headlines…

District Court Confirms Debtor’s Absolute Right to Dismissal under Section 1307

All American Check Cashing and CFPB submit letter briefs to Fifth Circuit

CFPB issues Spring 2019 semi-annual report; Director Kraninger to appear before House Financial Services Committee on Oct. 16 and Senate Banking Committee on Oct. 17

Balance Transfers are up 38% Since 2015 — Here’s Why

Appeals Court Revives Student Debt-Collection Dispute After Bankruptcy Discharge

Jury trials over medical debt to start in February; VanderSloot slams ‘misleading’ MRS statement

Zombie debts are hounding struggling Americans. Will you be next?

Woman celebrates paying off her student loans with funeral-themed photo shoot

America Is Drowning in a Student Loan Crisis

University researchers release study on racial disparities in the student loan system

Study: Your Credit Card Debt Is Making You Sick

The U.S. Consumer Looks Healthy. Here Are the Weak Links That Should Worry Investors.

Interest Rates Are Falling—but Your Credit-Card Rate Could Be Going Up

Puerto Rico’s Messy Bankruptcy May Get Even Messier

Sears and Kmart closing more stores in late 2019 and early 2020. Is your location closing?

REGISTER FOR NACBA’S LIVE WEBINARS!

Top 20 Cases You Must Know for Your Bankruptcy Practice.
Date: October 17, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Nathan Juster, Esq. & James Haller, Esq.
Register HERE

From projected disposable income and attorneys’ fees to bankruptcy court jurisdiction, this session will cover fundamental cases that you need to know.

Why You Should Attend: You must know the major guideposts to give your clients accurate advice. Make sure you are following these important cases and using them to your client’s benefit.

Defense of Section 523 Adversary Proceedings
Date: November 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Tara Salinas, Esq., William Brewer Esq. & James Haller, Esq.
Register HERE

The panel will primarily focus on Sections 523(a)(2), (4) and (6) and Section 1328(a)(4), awards of attorney 7s fees under Section 523(d); defending collateral estoppel effect of pre-bankruptcy default judgments; Rules 12(b)(6) motions to dismiss under Ashcroft v Iqbal.

Why You Should Attend: You need to know how to properly defend a dischargeability proceeding and get paid for your work.  Everyone has to defend against dischargeability complaints by creditors.  The information in this workshop will be invaluable to prepare your defense.

Robin Hood and His Merry Bankruptcy Attorneys: How to Recover Wage Garnishments as Preferential/Fraudulent Transfers for your clients and get paid for doing it.
Date: November 21, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: David Gunn, Esq. & James Haller, Esq.
Register HERE

The panel will discuss the law and practice of recovering wage garnishments as fraudulent transfers and the potential to request additional attorneys fees for a recovery.

Why You Should Attend: You want to make additional income in cases where your clients have been garnished. This session will discuss how and when to recover garnished funds and get paid.

Consumer Bankruptcy Watch: What’s Hot in Consumer Bankruptcy Law Today
Date: December 5, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The panel will cover the latest hot topic in consumer bankruptcy law, including any pending cases before the Supreme Court and important Court of Appeals cases to watch.

Why You Should Attend: Don’t be the last to know what issues are coming next to a court near you. Find out what to expect by learning about the trends and case law are working their through the courts.

Means Test Game Show: Is it income or an expense?
Date: December 19, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Jenny Doling, Esq., Marybeth Ausbrooks, Esq., Gene Melchionne Esq. & James Haller, Esq.
Register HERE

Join our holiday panel for a game show quiz focusing on allowable or required income and expenses. You can’t lose even if you get the answers wrong..

Why You Should Attend: Ask yourself these questions. Is a withdrawal from a 401k income that should push your client into a five year plan? Is a 401k contribution a permissible expense? Is child support that isn’t received income? Is child support that is not being paid an expense? Your client wants to claim $900.00 in pet expenses for 8 pets. Is that expense ridiculous? Can you justify it? Learn the answers to these questions and more. Come join us!

NACBA’s Members-Only Workshop is set to take place this December 7-9, 2019 at the beautiful beachfront Wyndham Grand Rio Mar Beach Resort & Spa. You do not want to miss out on the golden sand, turquoise waters and tropical breezes while getting the latest tips and tools to help your clients and grow your practice.

New bankruptcy briefs read…

CFPB Files Complaint Against Company for Alleged Misrepresentations to Consumers in Violation of Regulation O and CFPA

House leaders ask Supreme Court to reject Trump challenge to consumer bureau

House of Representatives seeks leave from SCOTUS to file amicus brief in Seila Law; Seila Law files reply brief with SCOTUS

Trump to Curb Use of Federal Guidance in Issuing Regulations

Don’t Fall For This $5 Million Student Loan Scam

Rep. Carbajal introduces bill to reduce student loan debt nationwide

Biden pitches free community college, expanded loans in higher education plan

Column: New California law blocks debt collectors from emptying your bank account

Judge: DeVos could face jail over student debt collection

Debt Collection Atty Uses Lender Arbitration Pact To Halt Suit

The crushing weight of medical debt

Court: Expert witness can’t testify about emotional distress to woman suing Equifax, debt collector in identity theft case

Wildfire victims request $13.5B in claims in PG&E bankruptcy

REGISTER FOR NACBA’S LIVE WEBINARS!

Home Owner’s Association Fees and Bankruptcy
Date: October 10, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Lee Rowland, Esq., Christina Henry Esq. & James Haller, Esq.
Register HERE

The treatment of Homeowner’s Association Fees in bankruptcy is a complex question. Are they dischargeable in chapter 7 and chapter 13? Does Rule 3002.1 apply? Can underwater HOA liens be avoided? This webinar will answer these questions and more as we explore the treatment of HOA fees in bankruptcy.

Why You Should Attend: HOAs can be aggressive in attempting to collect their debt. You won’t want to miss this program which will discuss ways to reduce or eliminate HOA fees and liens through bankruptcy.

Top 20 Cases You Must Know for Your Bankruptcy Practice.
Date: October 17, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Nathan Juster, Esq. & James Haller, Esq.
Register HERE

From projected disposable income and attorneys’ fees to bankruptcy court jurisdiction, this session will cover fundamental cases that you need to know.

Why You Should Attend: You must know the major guideposts to give your clients accurate advice. Make sure you are following these important cases and using them to your client’s benefit.

Start your weekend early with these news briefs…

Booker-Requested Report From NY Fed Details Gross Racial Disparities in Student Debt

Consumer Bankers Association comments on CFPB’s proposed debt collection rule

CFPB Proposes Debt Collection Rule that Congress Rejected [Podcast]

Payday lender challenges CFPB constitutionality in Supreme Court petition

CFPB announces new members for advisory committees

Forever 21’s bankruptcy signals shifting priorities of young shoppers

Barneys Finds a Potential Buyer in Bankruptcy Court

Credit Card Debt is Delaying Millennials’ Dreams

NYC Report Proposes Requiring Debt Collectors to Provide Better Services for Consumers with Limited English Proficiency

A Look At Millennial Student Debt

Purdue Challenged Over Attempt to Pay $38 Million in Bonuses

Small Business Reorganization Act of 2019 Goes into Effect February 2020

What to Know About Missing a Student-Loan Payment

Veterinarian suicides on the rise: Student loan debt, compassion fatigue among factors in suicide increase

REGISTER FOR NACBA’S OCTOBER WEBINARS!

Home Owner’s Association Fees and Bankruptcy
Date: October 10, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Lee Rowland, Esq., Christina Henry Esq. & James Haller, Esq.
Register HERE

The treatment of Homeowner’s Association Fees in bankruptcy is a complex question. Are they dischargeable in chapter 7 and chapter 13? Does Rule 3002.1 apply? Can underwater HOA liens be avoided? This webinar will answer these questions and more as we explore the treatment of HOA fees in bankruptcy.

Why You Should Attend: HOAs can be aggressive in attempting to collect their debt. You won’t want to miss this program which will discuss ways to reduce or eliminate HOA fees and liens through bankruptcy.

Top 20 Cases You Must Know for Your Bankruptcy Practice.
Date: October 17, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Nathan Juster, Esq. & James Haller, Esq.
Register HERE

From projected disposable income and attorneys’ fees to bankruptcy court jurisdiction, this session will cover fundamental cases that you need to know.

Why You Should Attend: You must know the major guideposts to give your clients accurate advice. Make sure you are following these important cases and using them to your client’s benefit.

Don’t miss out on the early bird members-only rate for #NACBAPR!

Register now!

Check out this Thursday’s news briefs…

A Closer Look at the CFPB’s Proposed Debt Collection Rules – Part Five: The Devil is in the Details, Purgatory is what is Left Unsaid

CFPB and State Regulators Launch American Consumer Financial Innovation Network

Retail Bankruptcies Rise, Store Closures Skyrocket in First Half of 2019

Bankruptcy Jurisdiction: The Time-of-Filing Rule Applies to “Related-To” Jurisdiction

9th Circuit strikes down Montana ban on political robocalls

Libel Case Against Lemberg Law for Website Statements Will Continue; Court Denies Motion to Dismiss

UVa promises changes to medical debt collection policy

What college students can do now to start investing

Forever 21 Plans to File for Bankruptcy as Many Retailers Struggle

Purdue Pharma reaches tentative opioid settlement with some: sources

Lawsuits. Possible bankruptcy. Declining numbers. Is there a future for the Boy Scouts?

And Another One: BNP Paribas Chief U.S. Economist Also Says No Recession In Sight

What Trump’s call for 0% interest rates would mean for your wallet

Data Privacy and Bankruptcy—Notable Non-bankruptcy Privacy Laws

REGISTER FOR THE REMAINDER OF NACBA’S 2019 LIVE WEBINARS!

Criminal Justice Debts and Civil Fines in Bankruptcy
Date: September 19, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Tara Twomey, Esq. & James Haller, Esq.
Register HERE

For criminal justice debtors and those with civil fines, bankruptcy can be a powerful tool. It may eliminate the obligation to repay these debts or provide an orderly mechanism for repaying certain debts that cannot be discharged. Bankruptcy can also open the door to relief, such as expungement, record sealing, or restoration of a driver’s license, that may otherwise be unavailable due to outstanding debt. This webinar will provide an overview of the application of bankruptcy law to criminal justice debt and civil fines.

Why You Should Attend: Not all criminal justice debt and civil fines are created equally. Learn about the different kinds of criminal justice debt and civil fines, including which are dischargeable in bankruptcy and which are not.

Home Owner’s Association Fees and Bankruptcy
Date: October 10, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Lee Rowland, Esq., Christina Henry Esq. & James Haller, Esq.
Register HERE

The treatment of Homeowner’s Association Fees in bankruptcy is a complex question. Are they dischargeable in chapter 7 and chapter 13? Does Rule 3002.1 apply? Can underwater HOA liens be avoided? This webinar will answer these questions and more as we explore the treatment of HOA fees in bankruptcy.

Why You Should Attend: HOAs can be aggressive in attempting to collect their debt. You won’t want to miss this program which will discuss ways to reduce or eliminate HOA fees and liens through bankruptcy.

Top 20 Cases You Must Know for Your Bankruptcy Practice.
Date: October 17, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Nathan Juster, Esq. & James Haller, Esq.
Register HERE

From projected disposable income and attorneys’ fees to bankruptcy court jurisdiction, this session will cover fundamental cases that you need to know.

Why You Should Attend: You must know the major guideposts to give your clients accurate advice. Make sure you are following these important cases and using them to your client’s benefit.

NACBA honors and remembers those brave men and women who took the call to serve & protect 18 years ago. We thank you.

Emerge Energy to Redo Bankruptcy Disclosures After Objections

Ohio couple admits to filing inaccurate bankruptcy claim

The CFPB’s Proposed Debt Collection Rules—What They Mean for Financial Institutions That Outsource to Collection Vendors

Student Loans: ‘This Is A $1.6 Trillion Consumer Protection Crisis’

AOC makes student loan payment during congressional hearing on student loans

Hasan Minhaj calls student debt ‘paywall to the middle class’ during congressional testimony

Sen. Rick Scott Outlines Ways to Make Colleges More Accountable, Affordable

New Research: Juggling Student Loans, Saving for Retirement and Other Priorities

Waters Opening Statement at Hearing on Student Loan Debt Crisis

Consumers in Their Mid-30s Have the Highest Average Student Loan Debt

Americans are piling on credit card debt, despite recession warnings

Even 40-something Americans who know they should be saving more for retirement are too mired in debt to do it

What Americans Get Wrong About Student Debt

CFPB Launches Innovation Network with State AGs; Issues Three New Policies

En banc Fifth Circuit decision holding FHFA structure unconstitutional could presage similar fate for CFPB and circuit split

Ditech Deal With Homeowners Paves Way for $1.8 Billion Sale

REGISTER FOR NACBA’S LIVE WEBINARS!

Criminal Justice Debts and Civil Fines in Bankruptcy
Date: September 19, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Tara Twomey, Esq. & James Haller, Esq.
Register HERE

For criminal justice debtors and those with civil fines, bankruptcy can be a powerful tool. It may eliminate the obligation to repay these debts or provide an orderly mechanism for repaying certain debts that cannot be discharged. Bankruptcy can also open the door to relief, such as expungement, record sealing, or restoration of a driver’s license, that may otherwise be unavailable due to outstanding debt. This webinar will provide an overview of the application of bankruptcy law to criminal justice debt and civil fines.

Why You Should Attend: Not all criminal justice debt and civil fines are created equally. Learn about the different kinds of criminal justice debt and civil fines, including which are dischargeable in bankruptcy and which are not.

Home Owner’s Association Fees and Bankruptcy
Date: October 10, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Lee Rowland, Esq., Christina Henry Esq. & James Haller, Esq.
Register HERE

The treatment of Homeowner’s Association Fees in bankruptcy is a complex question. Are they dischargeable in chapter 7 and chapter 13? Does Rule 3002.1 apply? Can underwater HOA liens be avoided? This webinar will answer these questions and more as we explore the treatment of HOA fees in bankruptcy.

Why You Should Attend: HOAs can be aggressive in attempting to collect their debt. You won’t want to miss this program which will discuss ways to reduce or eliminate HOA fees and liens through bankruptcy.

Top 20 Cases You Must Know for Your Bankruptcy Practice.
Date: October 17, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Nathan Juster, Esq. & James Haller, Esq.
Register HERE

From projected disposable income and attorneys’ fees to bankruptcy court jurisdiction, this session will cover fundamental cases that you need to know.

Why You Should Attend: You must know the major guideposts to give your clients accurate advice. Make sure you are following these important cases and using them to your client’s benefit.