attorney

Bankruptcy News Briefs- 5/02

Today’s news briefs read…

District Court Holds Arbitration Provision in Credit Card Contract Survives Discharge

Seniors owe billions in student loan debt: “This will follow me to the grave”

U.S. Banks’ Bad-Debt Pile Creeps Higher With Credit-Card Losses

Voters see student loan debt as threat to economy

Millennials struggle under the burden of student loan debt

99% Of Borrowers Rejected Again For Student Loan Forgiveness

Think Finance to Pay CFPB $7 for Loan Violations — Yes, $7 (1)

Student loan debt crisis spans generations

CFPB Issues Guidance on Applicability of TRID Rule to Assumptions

DeVos hires consultants to examine student loan portfolio

Student Loan Firm Fined For Failing to Make Adjustments to Ease Burden on Troubled Borrowers

Validation Notice Lawsuits: Overlooked Ruling from Third Circuit Proves Debt Collectors are Right! (Podcast)

Fourth Circuit Strikes Down TCPA Exemption for Collection of Government Debt, Putting Loan Servicers and Debt Collectors at Risk

Breakdown of Four New Requirements for Collecting Medical Debt in the State of Washington

CFPB Seeking Comments on Possible Remittance Rule Revisions

REGISTER FOR NACBA’S UPCOMING LIVE WEBINARS!

Emerging Bankruptcy Technologies to Assist your Bankruptcy Practice
Date: June 6, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rachel Foley Esq., Reed Almand, Esq. & James Haller Esq.
Register HERE

Busy bankruptcy attorneys are bombarded with technology choices – all promising great rewards but many coming at great expense. Learn about different technologies that can make your practice more efficient in time and cost.

Why You Should Attend: What faster way is there to improve your bottom line than being more efficient while increasing accuracy!

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.

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Bankruptcy News Briefs- 4/26

It’s Friday! Jumpstart your weekend with the following…

Bankruptcy Court Awards Debtor $204,867.00 in Damages Against Creditor and Creditor’s Law Firm for Post-Discharge Lawsuit of Discharged Debt

Court Rules No Discharge Violation, Debtor’s Plan Language Didn’t Require Vehicle Lien Release Upon Plan Completion

Report: Defaulted Federal Student Loan Borrowers in Communities of Color Are Disproportionately Sued

Elizabeth Warren’s plan to forgive student loan debt is costly, but it could actually pour money into the US economy

Governor Murphy Signs Legislation to Make Student Loans More Affordable

Who Would Benefit from Elizabeth Warren’s Student Loan Forgiveness Proposal?

U.S. consumer protection just got even worse

Residential Mortgage Lender Survives ATR/QM Challenge

House to vote on bipartisan retirement bill in May

Tillis bill streamlines bankruptcy process for small businesses

Consumers face long odds battling debt collectors in local courts

When a Collector Talks to a Bot: How to Solve for Time-Wasting Apps

4th Circuit Declares Government Debt Exemption to the TCPA Unconstitutional, But Leaves the Rest of the Statute Intact

REGISTER FOR NACBA’S UPCOMING LIVE WEBINARS!

Emerging Bankruptcy Technologies to Assist your Bankruptcy Practice
Date: June 6, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rachel Foley Esq., Reed Almand, Esq. & James Haller Esq.
Register HERE

Busy bankruptcy attorneys are bombarded with technology choices – all promising great rewards but many coming at great expense. Learn about different technologies that can make your practice more efficient in time and cost.

Why You Should Attend: What faster way is there to improve your bottom line than being more efficient while increasing accuracy!

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.

SAVE THE DATES #NACBAPR

Bankruptcy News Briefs- 4/25

The consumer and bankruptcy headlines for today read…

These five charts show how bad the student loan debt situation is

U.S. Trustee Fees – one spreadsheet to rule them all…

How Do Student Loans Affect Your Credit Score?

The Age Four Out of Five Generations Agree Children Should Start Paying Their Own Student Loans

U.S. Supreme Court Hears Dispute Over Debt Collection Violations

Debt-to-Income Ratio for Student Loan Refinancing

Student loan debt forgiveness in 2020 race

Bankruptcy court approves resolution to help Reagor-Dykes customers

Timeshare Owners’ Coalition Issues Warning About Third-Party Exit Companies

“Text me $$$”: Debt collectors may soon be able to text and email consumers

Robocall Debt-Collection Exemption Struck Down (1)

Spring is Here and a Proposed Debt Collection Rule is Imminent

Supreme Court to Weigh Debt Collection Penalties Post-Bankruptcy

TCPA Debt Call Carveout Is Unconstitutional, 4th Circ. Says

Credit Unions May Have Willing Takers in Plea for Less Supervision

REGISTER FOR NACBA’S UPCOMING LIVE WEBINARS!

Emerging Bankruptcy Technologies to Assist your Bankruptcy Practice
Date: June 6, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rachel Foley Esq., Reed Almand, Esq. & James Haller Esq.
Register HERE

Busy bankruptcy attorneys are bombarded with technology choices – all promising great rewards but many coming at great expense. Learn about different technologies that can make your practice more efficient in time and cost.

Why You Should Attend: What faster way is there to improve your bottom line than being more efficient while increasing accuracy!

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.

WE LOOK FORWARD TO SEEING YOU IN CLEVELAND!

Don’t forget to register for NACBA’s 27th Annual Convention!

#NACBATheLand

Bankruptcy News Briefs- 3/05

We kick off March’s bankruptcy briefs with the following…

CFPB Issues Report On Servicemember First-Time Homebuyer Mortgage Loans

Parties File Status Report in Trade Group Lawsuit Challenging CFPB Payday Loan Rule

CFPB Publishes Report on Elder Abuse Based on Newly Available SARs Data

House Financial Services Committee to Hold Review Hearing of CFPB, Kraninger Included as Witness

Arbitration Back in the Limelight: Bill Introduced to Limit Arbitration for Consumers

Taxpayer Advocate Report To Congress: 20 Most Serious Problems Facing Taxpayers

CFPB plans to issue rules on PACE loans

Congressional Review Act rises again!

U.S. Credit Card Debt Closed 2018 at a Record $870 Billion

New Bill By Rubio, Warren Would Stop States From Suspending Job Licenses Over Unpaid Student Loans

Student debt: Defining issue of a generation?

U.S. Supreme Court Considers Proper State To Tax Trusts

REGISTER FOR NACBA’S UPCOMING LIVE WEBINARS!

Chapter 13 Attorney Fees
Date: March 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Edward Bolts Esq. & James Haller, Esq.
Register HERE

How to get paid prior to secured creditors and for work performed at the end of the case.

Why You Should Attend: You want to get paid for work done during the case in a timely manner and a fair amount.

3002.1 A Mortgage Odyssey Workshop
Date: Thursday, March 21 AND Friday March 22, 2019
Time: 3:00 PM EST to 6:00 PM EST – BOTH DAYS
Cost: $99 Member / $149 Non Member
Presenters: Marc Dann, Esq., John Rao, Esq., Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The Panel will discuss:

1) Introduction to 3002.1
a. Requirements for lenders
b. Forms that must be used
c. Information that must be disclosed
d. Changes to 3002.1 effective December 1, 2018

2) Use of 3002.1 in bankruptcy court to challenge fees and payment changes
a. Example cases and briefs
b. Results for clients and
c. Attorneys fees for debtor’s counsel

3) Use of 3002.1 along with other rules (e.g. Reg X) to bring suits against mortgage companies outside of bankruptcy court.
a. FDCPA
b. FCRA
c. TILA
d. RESPA

Why You Should Attend: You want to earn additional attorneys fees reviewing all of those mortgage payment changes. Join our panel to find out how.

Practice Pitfall Jeopardy: Practice Pitfalls and How to Avoid Them
Date: April 18, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Mary Beth Ausbrooks Esq., Jenny Doling Esq., Gene Melchionne & James Haller, Esq.
Register HERE

Don’t have a blooper reel for this year’s cases. This session will review common bloopers and how to avoid them in a game show format. Join our contestants who will be answering jeopardy type questions to win big prizes.

Why You Should Attend: Enjoy an actually fun way to learn how to deal with problem situations. Who will win the big candy bar?

JOIN NACBA IN CLEVELAND! #NACBATheLand

Register today for NACBA’s 27th Annual Convention

Bankruptcy News Briefs- 1/24

Today’s bankruptcy and consumer news includes

Bankruptcy Court Says Call First Before Seeking Attorney’s Fees

Yet Another 1692g “In Writing” Case Denied Dismissal in E.D. Pa.

Non-Judicial Foreclosure and the FDCPA: How the Supreme Court’s Looming Decision in Obduskey v. McCarthy & Holthus LLP Could Affect Law Firms and Collections Agencies Alike

New York Mandates New Consumer Protections for Relatives of Deceased Debtors

National Do Not Call Registry offline until shutdown resolved

This New Student Loan Employment Benefit Is Making Waves

Fed launches new article series; first issue focuses on student loans

DON’T MISS NACBA’S UPCOMING LIVE WEBINARS!

Real Life and Real Mods After HAMP
Date: February 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: O. Max Gardner III Esq., James Haller, Esq. & Bobby Riveria.
Register HERE

This webinar will cover:

  • The role of the following parties in the 2019 Mod World:
  • The GSE (Fannie, Freddie and Ginnie)
  • The Private Label Deals
  • Trustee
  • Master Servicer
  • Primary Servicer
  • Default Servicer
  • Non-Performing Loans and Hedge Funds
  • Review of Real SPS Deal
  • Targets
  • Waterfalls
  • Forbearance
  • Forgiveness
  • Balloons
  • Junk Fees
  • Loan Term
  • APR

Why You Should Attend: You need to know what options your clients have to modify their mortgages under existing law.

Chapter 13 Attorney Fees
Date: March 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Edward Bolts Esq. & James Haller, Esq.
Register HERE

How to get paid prior to secured creditors and for work performed at the end of the case.

Why You Should Attend: You want to get paid for work done during the case in a timely manner and a fair amount.

Bankruptcy News Briefs- 1/23

Take some time to read the following headlines

An Open Letter to the CFPB: Court Rulings on Validation Notice Hurt Consumers and Collectors

Changes On Deck For The CFPB’s Payday Lending Rule

CFPB Director Seeks Authority over Military Lending Act Compliance

Retirees Face New Challenge: Mounting Student Debt

Chairwoman Waters Outlines House Financial Services Committee’s Agenda: Priorities Include Financial Innovation

PG&E secures $5.5 billion in credit, braces for anticipated two-year bankruptcy

Student debt closing the door on millennial home ownership

REGISTER NACBA’S LIVE WEBINAR TOMORROW!

Our Prayer for the Blessed Resurrected Exemption: Invoking and Asserting Exemptions in Reopened Cases
Date: January 24, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Debrah DeMack Esq., Billy Brewer ESQ. & James Haller, Esq.
Register HERE

The panel will discuss the law, procedures and give advice on how best to represent a client who has an omitted asset and needs to reopen their case. The panel will discuss the possible challenges to claiming exemptions including excusable neglect and share their documents and experience fighting them.

Why You Should Attend: We all have (or will have) clients that call us after a bankruptcy is closed with an omitted asset. We all need to know what the state of the law is and how to best protect your client and the missing asset.

Bankruptcy News Briefs- 1/18

Before you settle into your weekend plans, read the following articles

Title Loans Aren’t Valid Deductions on Means Test Says Utah Bankruptcy Court

Elizabeth Warren Wants Wells Fargo to be Expelled From College Campuses

CFPB Defends Its Constitutionality to Ninth Circuit Panel: Will Kraninger Have a Change of Heart?

Congresswoman Maxine Waters Plans to “Undo the Harm Done” to the CFPB

9 Student Loan Tax Tips For 2019

34 Devastating Stories About How People Are Still Crushed By Medical Debt

Waiving or Forfeiting the Right to Arbitrate—Recent Cases Tackle Issue

Lack of Settlement Payment Due Date Raises Issues in E.D. Wisc., “Promptly” is Not Enough

DON’T MISS NACBA’S UPCOMING LIVE WEBINARS!

Our Prayer for the Blessed Resurrected Exemption: Invoking and Asserting Exemptions in Reopened Cases
Date: January 24, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Debrah DeMack Esq., Billy Brewer ESQ. & James Haller, Esq.
Register HERE

The panel will discuss the law, procedures and give advice on how best to represent a client who has an omitted asset and needs to reopen their case. The panel will discuss the possible challenges to claiming exemptions including excusable neglect and share their documents and experience fighting them.

Why You Should Attend: We all have (or will have) clients that call us after a bankruptcy is closed with an omitted asset. We all need to know what the state of the law is and how to best protect your client and the missing asset.

Real Life and Real Mods After HAMP
Date: February 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: O. Max Gardner III Esq., James Haller, Esq. & Bobby Riveria.
Register COMING SOON

This webinar will cover:

  • The role of the following parties in the 2019 Mod World:
  • The GSE (Fannie, Freddie and Ginnie)
  • The Private Label Deals
  • Trustee
  • Master Servicer
  • Primary Servicer
  • Default Servicer
  • Non-Performing Loans and Hedge Funds
  • Review of Real SPS Deal
  • Targets
  • Waterfalls
  • Forbearance
  • Forgiveness
  • Balloons
  • Junk Fees
  • Loan Term
  • APR

Why You Should Attend: You need to know what options your clients have to modify their mortgages under existing law.