attorney

Bankruptcy News Briefs- 11/21

New bankruptcy and consumer headlines read…

It’s almost impossible to get rid of student loan debt when filing for bankruptcy, but help may be on the way

Consumers Worry Most About Losing Their Jobs During A Recession – But Few Do Anything About It

Student-loan debt and skyrocketing housing prices have become so bad that more millennials are planning to rent forever

How To Ace College And A Career With No Student Debt: A Millennial’s Story

Sen. Patty Murray urges DeVos to halt changes to a popular student loan repayment plan

Consumer Financial Protection Bureau future in the hands of Supreme Court

Seventeen Democrats, Three Republicans in U.S. Presidential Race

REGISTER FOR NACBA’S LIVE WEBINARS!

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!

Bankruptcy News Briefs- 11/07

Read the latest news below…

CFPB Constitutional Challenge Put on Hold at Second Circuit

CFPB Wins $59 Million Judgment Against Mortgage Relief Firms

Second Circuit adjourns oral argument in RD Legal

Travel, furniture, ‘lavish’ meals: Nonprofit head misspent $1.7 million, filing alleges

China Embraces Bankruptcy, U.S.-Style, to Cushion a Slowing Economy

Should You Take Your Employer’s Lump Sum Offer To Protect Against Their Future Bankruptcy?

Argument preview: Justices to consider when creditors in bankruptcy can appeal orders denying relief from the automatic stay

Second Circuit Double-Hitter: Neither “$0.00” Nor “N/A” in Debt Itemization Confuses Consumers about Static Debts

How one student loan strategy drives you deeper in debt

Study: Some Grads Would Spend A Week In Jail To Erase Student Loan Debt

Forget the Gender Wage Gap. Let’s Talk About the Student Debt Gap

The Law Schools With The Highest Student Loan Default Rates

Clay Introduces Student Loan Debt Reform Package to Lower Interest Rates, Protect Borrowers and Reduce Excessive Debt

Sen. Brown’s bill would extend lending protections for service members to veterans, consumers

REGISTER FOR NACBA’S LIVE WEBINARS!

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!

visit studentdebtbomb.com

Bankruptcy News Briefs- 10/31

Ghosts and goblins and new headlines! Check out…

Student Debt Total Reaches $1.5 trillion, Nearly Doubles U.S. Housing Market

A growing debt burden on low- and middle-income Americans

Here’s how the Fed rate cut affects you

Consumer Financial Protection Bureau Announces Action Against Student Loan Debt Relief Operation

Murray Energy Beats Challenge to $200 Million Bankruptcy Loan

Judge Calls for Trial on McKinsey’s Bankruptcy Disclosures

CFPB Temporarily Halts $71 Million Student Loan Relief Scheme

Will Student Loan Debt Hold Up Your Retirement?

What happens to your student loan debt when you die? Sometimes, it stays with you

REGISTER FOR NACBA’S LIVE WEBINARS!

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!

Bankruptcy News Briefs- 10/29

Check out the following headlines…

Citrone’s Discovery Urges Frontier Bankruptcy to Preserve Value

Narrow Bankruptcy Reforms Make Big Changes for Small Business, Vets, Farmers

9 Charleston-area Subway restaurants close as part of franchisee’s bankruptcy filing

Bankruptcy Doesn’t Require Return of Repo’d Car: Third Circuit

Owners of Brooklyn Properties Who Settled for Tenant Harassment Files for Bankruptcy

Multiple Factors to Drive Increase in Family Farmer Bankruptcy Filings

Expect These Student Loan Changes In 2020

How Real Estate Can Replace Student Debt With A Promising Post-Grad Position

More employers offer workers help paying off student loans

Consumer Protection Law firm’s attempt to collect debts did not violate FDCPA

REGISTER FOR NACBA’S LIVE WEBINARS!

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!

Bankruptcy News Briefs- 10/11

This Friday’s headlines read…

Estate Debt Coalition Responds to CFPB’s NPRM on Debt Collection Practices with Focus on Decedent Debt

CFPB’s Semi-Annual Report Contains Some, But Not Much, Information About Debt Collection

CA enacts law prohibiting postsecondary schools from withholding transcripts as debt collection tool

Employers Try a New Perk: Matching Student Loan Payments With 401(k) Contributions

Black women bear largest burden in student debt crisis

Joe Biden: Here’s My $750 Billion Plan To Fix Student Loans

Argument preview: A conflict between plain text and background rules

CFPB Gives Lenders a Break on Mortgage Data Reporting

Bankruptcy judge complicates PG&E’s Ch. 11 plan

‘Dirt for Debt’ in Bankruptcy Plans of Reorganization

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.

visit studentdebtbomb.com

Bankruptcy News Briefs- 10/02

Get over the mid-week blues with these headlines…

Old and Cold Offshore Asset Protection Trust Assets Not Reachable by U.S. Creditors

3 reasons Forever 21 went bankrupt

Drugmakers want to join Purdue Pharma’s bankruptcy to settle US opioid suits

CFPB Announces Additions to Executive Team

The Seven-Year Auto Loan: America’s Middle Class Can’t Afford Its Cars

Appellate Veterans Jockey at SCOTUS to Contest Consumer Bureau

New SCOTUS petition: CFPB enforcement must be undone if agency is unconstitutional

Sen. Brown Demands Answers From CFPB On Why Funds Were Not Returned To Harmed Consumers

Kraninger as CFPB Sheriff and the Potential Impact of the 2020 Presidential Election

Del. Judge Latest To Ax Gov’t Robocall Exemption From TCPA

Despite Holding the TCPA’s Government Debt Exemption is Unconstitutional, the District of Massachusetts Permits Class Claims to Move Forward

4 Things to Never Give a Debt Collector Over the Phone

Debt Collectors Target Consumers of Color, People Making Less Than $50K

1 in 4 millennials are keeping a money secret from their partner

Gov. Raimondo Ceremonially Signs Student Loan Bill Of Rights

Minnesota woman’s ‘bizarre and surreal’ decades-long student loan dispute

Crises Collide: Low Teacher Pay Intensifies Student Loan Debt Crisis for Educators

NY AG leading charge to stop proposal allowing debt collectors to use social media

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.

 

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.