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Bankruptcy News Briefs- 8/13

Take some time to read the following briefs…

In an Unpublished Opinion, the 11th Circuit Discusses Rarely Used 523(a)(19) Exception to Discharge and Types of Default Judgments That Can Cause Issue Preclusion

Survey of student loan borrowers shows payments average 20 percent of take-home pay

Barneys to Shut Down Most of Its Stores After Filing for Bankruptcy

Another Houston-based upstream energy co. files for Chapter 11 bankruptcy protection

Student loan debt affects everything from relationships to retirement planning

Want Student Loan Forgiveness? Avoid These 3 Scams

Elkhart payroll firm declares bankruptcy, accuses its founder of a ‘sophisticated scheme’

PG&E Says It Will File Reorganization Plan in Less Than a Month

Student loans? Your employer can help pay off those debts

The Impact of Student Debt on Housing

New York’s Banking Chief Takes Aim at Consumer Protection Fouls (Corrected)

Feds Botched FDCPA Time Limit Rule, Justices Told

7th Circuit’s Lavallee Decision: What Does it Mean for Text Messaging and the NPRM?

Former Collection Agency Executives Start Charity To Buy And Forgive Medical Debt

Bar code on debt collection letter violates federal law -3rd Circuit

Debt collection through sports betting winnings on hold

Sanchez Energy Files for Bankruptcy, Casualty of Commodity Price Volatility

US bankruptcy filings rose in July 2019 — what does that mean

Calif. High Court: Online Businesses Face Same Standard as Brick-and-Mortar Stores Under State Civil Rights Law

A troubling number of debt-laden ‘zombie consumers’ have been enabled by low interest rates, economists say

REGISTER FOR NACBA’S LIVE WEBINARS!

Crossing Paths: The Intersection of Reverse Mortgages and Bankruptcy
Date: August 15, 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

The senior population of the United States is expected to grow rapidly over the next twenty years. Rather than enjoying their golden years, increasingly older Americans are struggling with less income, greater debt and insufficient retirement savings. The average amount of debt held by seniors has soared over the last decade. Many now rely on credit cards to cover their basic living expenses. Rising mortgage debt has compromised the use of home equity as a retirement nest egg. There are few easy solutions. Two tools available to seniors to combat financial distress are reverse mortgages and bankruptcy. Reverse mortgages allow seniors to tap their home equity to pay off outstanding debts or supplement monthly income. Bankruptcy provides an opportunity to obtain a fresh start by discharging certain debts or adjusting one’s financial affairs. The two options—reverse mortgages and bankruptcy—are not mutually exclusive.

Why You Should Attend: Learn how to best help your older clients by understanding the intersection between reverse mortgages and bankruptcy and when they can work together to prevent foreclosure or put a senior on more solid financial footing.

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.

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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- 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.

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.