attorney

Bankruptcy New Briefs 9/12

Stay Informed…Check out Today’s Headlines…

Consumer Borrowing Turns Around in July

From the Web: ‘Equifax Breach May Kill Repeal of CFPB Mandatory Arbitration Rule’

9th Circuit Opinion Highlights Right to Cure Provision in California’s Rosenthal FDCPA

Statement of National Consumer Law Center Staff Attorney Chi Chi Wu on the Equifax Data Breach that Affected 143 Million Consumers

Debtor’s Concerns about her future Income and the Distribution of her Non-exempt Assets in chapter 7 proceeding were Not Special Circumstances within the meaning of § 707(b)(2)(B)

Chapter 13 Debtors Could Modify their Plan in order to Defer Payment of Arrears Beyond Initial Plan Term Since it was Within 60-month Period Mandated by Section 1329

Debtor’s Law Firm had to Disgorge Attorney’s Fees Where it Improperly “Unbundled” its Services and Created Conflicts with Client

TCF Bank Sees Partial Ruling In Its Favor In Overdraft Fees Case Lodged by CFPB

Shindler & Joyce accused of misrepresentation in debt collection

Consumers piled on credit card debt in second quarter

Does The Fair Credit Reporting Act Preempt State-Law Claims For Unfair And Deceptive Trade Practices?

Don’t miss NACBA’s 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

Please sign into your NACBA Member Account to Register now for Hill Day at Home!

DEADLINE TO REGISTER IS FRIDAY, SEPTEMBER 22, 2017

Upcoming Webinar!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BYEdward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non Member
REGISTERHERE
DATE: Thursday, September 14, 2017 @ 4:00 PM Eastern to 4:45 PM Eastern
PRESENTED BYJames Haller, Esq., Sulaiman Law Group Ltd. Chicago, IL
COST: $25 Member / $75 Non Member
REGISTERHERE

NACBA Events

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!
Advertisements

Register For NACBA’s Webinar On September 14th!

Occasionally, there are times when a debtor needs to file a late claim in a consumer bankruptcy case. The question arises frequently in chapter 13 cases when payment of a claim is necessary to achieve the goal of the chapter 13 plan (e.g., payment of taxes, child support arrearage, mortgage arrearage, etc.). Many jurisdictions address the allowance of late claims differently. This webinar is from the standpoint of a conservative jurisdiction so that it may assist as many practitioners as possible.

A. Problem: A claim needs to be filed to pay an important creditor.
B. Solution: File the appropriate motion for permission.
In Thursday’s Webinar, “How to File a Late Claim in a Chapter 13,” with NACBA President Jim Haller will review the following:
      • The Claims Process
      • Identifying the Missing Claim as Timely
      • Identifying the Missing Claim as Late
      • Practice Tips

Don’t miss this relevant webinar full of valuable information for any bankruptcy attorney!

Register Today! 

Bankruptcy New Briefs 9/8

End of the Week Headlines…

Plan Modification to Surrender 910 Vehicle Permissible

Equifax Says Cyberattack May Have Affected 143 Million Customers

Tens of Millions of Consumers Will Benefit from New Rules for Medical Debt on Credit Reports

Widow Loses Exemption in Home But Gets to Keep Property

House Subcommittee Considers Legislation to Amend FDCPA and the Consumer Financial Protection Act Regulations of Debt Collection Attorneys

Court found that there is a Bad Faith Exception to a Debtor’s Right to Dismiss a Chapter 13 case, and Converted Case to Chapter 7

IRAs Don’t Lose Exemption After Transfer in Bankruptcy

Debtor Doesn’t Have to Contribute Social Security to Ch. 13 Plan

Ex-Judge Eugene Wedoff Takes on Bankruptcy Appeals Pro Bono

New credit score rules to benefit local consumers with medical debt

Coming Soon: Bankruptcy Proofs of Claim Must be Filed Sooner and by More Claimants

Debt Dialogue: August 2017 – Setoff and Recoupment in Bankruptcy: A Brief Overview

2017 Hill Day Registration is Open!

Don’t miss NACBA’s 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

Please sign into your NACBA Member Account to Register now for Hill Day at Home!

DEADLINE TO REGISTER IS FRIDAY, SEPTEMBER 22, 2017

Upcoming Webinar!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BYEdward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non Member
REGISTERHERE
DATE: Thursday, September 14, 2017 @ 4:00 PM Eastern to 4:45 PM Eastern
PRESENTED BYJames Haller, Esq., Sulaiman Law Group Ltd. Chicago, IL
COST: $25 Member / $75 Non Member
REGISTERHERE

NACBA Events

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 9/7

Today’s Headlines…

From the Web: ‘New Data Details How Americans are Spending Their Money’

U.S. Department of Education Ends MOUs with CFPB

3rd Circuit: 2nd Collection Letter Within 30 Days of First Letter is “Overshadowing”

U.S. Department of Education Unveils New Approach to Federal Student Aid Compliance

NJ Judge Disagrees with NY Judge in FDCPA Case Involving Credit Repair Agreement

NCLC’s Attorney Chi Chi Wu to Testify on Sept. 7 before House Financial Services Committee on Six Anti-Consumer Bills

FDCPA Case Law Review for August 2017

What Is the Fate of the Consumer Financial Protection Bureau?

Web site steered U.S. borrowers into bad, illegal payday loans: CFPB

FTC targets North Carolina debt collection scheme for alleged abusive tactics

House Committee Meets Today to Consider Change to FDCPA

The biggest financial stress may be avoidable

Debt collector accused of violating FDCPA

2017 Hill Day Registration is Open!

Don’t miss NACBA’s 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

Please sign into your NACBA Member Account to Register now for Hill Day at Home!

DEADLINE TO REGISTER IS FRIDAY, SEPTEMBER 22, 2017

Upcoming Webinar!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BYEdward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non Member
REGISTERHERE
DATE: Thursday, September 14, 2017 @ 4:00 PM Eastern to 4:45 PM Eastern
PRESENTED BYJames Haller, Esq., Sulaiman Law Group Ltd. Chicago, IL
COST: $25 Member / $75 Non Member
REGISTERHERE

NACBA Events

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

 

 

Stay Informed! Read NACBA’s Washington Update

Check out the latest update from Washington, designed to keep NACBA members informed about significant and relevant activity on the part of Congress, regulatory agencies and interest groups/think tanks.

On The Hill Senators Elizabeth Warren (D-MA) and Al Franken (D-MN) sat down to discuss CFPB’s arbitration rule in a Facebook video published on Senator Warren’s page. View the video to hear the advice they provide on what viewers can do to stop Congress from “selling out to the big banks”.

In The Agencies The Consumer Financial Protection Bureau (CFPB) has filed an amicus brief in support of the Department of Education’s (ED) appeal asking the U.S. Court of Appeals for the Federal Circuit to vacate a preliminary injunction entered by the Court of Federal Claims that bars the ED from assigning defaulted student loans to certain small business private collection agency contractors and other contractors.  The injunction was issued in a lawsuit filed by companies challenging ED decisions not to award or continue contracts with such companies to collect student loans. The CFPB argues that by preventing the ED from assigning debt collectors to defaulted loans, the preliminary injunction impedes or prevents borrowers from managing their federal student loan debt.

More on CFPB. On August 25, 2017 CFPB issued the 2017 HMDA Final Rule that amends Regulation C to implement amendments to the Home Mortgage Disclosure Act made by section 1094 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). CFPB added several new reporting requirements, clarified existing requirements and modified institutional and transactional coverage of Regulation C. The final rule also provides extensive guidance regarding compliance with both the existing and new requirements.

The Trump administration has selected Julian Schmoke Jr. to serve as the Department of Education’s new chief enforcement officer. Schmoke is a former for-profit college official who previously directed campus operations at West Georgia Technical College and served as a dean at DeVry University. He will lead the Department’s unit that polices fraud in higher education. Specifically, Schmoke will lead the Student Aid Enforcement Unit established by the Obama administration to more aggressively combat fraud and deceptive practices at colleges and universities. Sens. Sherrod Brown (D-OH), Patty Murray (D-WA), Dick Durbin (D-Il) and Elizabeth Warren (D-MA) wrote a letter to Secretary DeVos urging that the person selected must “have relevant experience in consumer protection or litigation, managing attorneys, and conducting investigations with the highest ethical standards.” The unit Schmoke will oversee is also responsible for processing debt relief claims filed by federal student loan borrowers who say they’ve been defrauded by their college.

OTHER It is being reported that in the wake of Hurricane Harvey, about 80% of homeowners in the areas devastated by the hurricane lack flood insurance. This leaves many who escaped the storm with little financial help to rebuild their homes and lives. The Washington Post reports that only 17 percent of homeowners in the eight counties most directly affected by Harvey have flood insurance policies that cover up to $250,000 in rebuilding costs and $100,000 to replace personal belongings such as TVs and furniture. Losing a home without insurance compensation is financially devastating. A total loss could delay retirement or force people into bankruptcy.

Wells Fargo is now revealing it has found a total of up to 3.5 million potentially fake bank and credit card accounts, up from its earlier tally of approximately 2.1 million. The additional fake accounts were discovered by a previously-announced analysis that went back to January 2009 and that reviewed the original May 2011 to mid-2015 period. Moreover, Wells Fargo also revealed that thousands of customers were enrolled in online bill pay without their authorization. The review found 528,000 potentially unauthorized online bill pay enrollments.

Feedback should be directed to Krista.DAmelio@NACBA.com

Bankruptcy News Briefs 9/5

New Month New Headlines…

No Bad Faith for Failure to Voluntarily Devote Social Security Funds to Plan

RMA Recommends Suspension of Communications to Consumers Located in Areas Affected by Tropical Storm Harvey

Federal Judge Dismisses CFPB’s Claims Against Debt Collection Service Providers

College Football Tickets are Property of the Estate which Trustee May Sell for Benefit of Creditors

Court Sanctioned Creditor, an experienced Bankruptcy Attorney, who Feigned Ignorance of the Law, with $5,000 in Punitive Damages for Egregious Violations of the Automatic Stay and Discharge Injunction

From the Web: ‘CFPB Director Evasive About Possible Resignation’

Republicans Accelerating Repeal Of Rule To Restore Consumers’ Right To Sue Banks

HHS Secretary Issues Directive on HIPAA Privacy During Public Health Emergency

FTC Court Order Bans Debt Collector from Industry

CFPB Rule Fight Forces Senators to Choose: Military Families or Big Banks

Education Dept. Ends Partnership With CFPB

Wells Fargo’s latest fake account revelation proves why the CFPB must survive

Recent Massachusetts AG consent order places new requirements on debt collection law firm

Liz Weston: Credit Bureaus Ease Medical Debt Pain for a Few

US Credit Card Debt Sets New Record—But Is That a Problem?

“Modest” Overstatements of Amount Due and Interest Rate Actionable Under FDCPA, Ninth Circuit Rules

2017 Hill Day Registration is Open!

Don’t miss NACBA’s 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

Please sign into your NACBA Member Account to Register now for Hill Day at Home!

DEADLINE TO REGISTER IS FRIDAY, SEPTEMBER 22, 2017

Upcoming Webinar!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BYEdward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non Member
REGISTERHERE

NACBA Events

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!