Attorneys

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In an Unpublished Opinion, the 11th Circuit Discusses Rarely Used 523(a)(19) Exception to Discharge and Types of Default Judgments That Can Cause Issue Preclusion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- 8/06

Check out new consumer and bankruptcy beliefs below…

Bankruptcy Court Discusses Novel Argument Contesting Cram Down of Totally Unsecured Mortgage

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

Kraninger Holding the Line on CFPB Investigative Demands

“Clearly and Prominently:” Consumer Debt Settlement Disclosures in Wake of CFPB v. Freedom Debt Relief

Should Your Student Loans Really Be Cancelled?

Millennials delay buying homes because of student debt

Meet the lawyer who had $38,000 in student debt forgiven — he’s one of just 5% of applicants who did it

More people filed for bankruptcy per capita in these 5 states in July — and there was a 5% increase nationwide

7th Cir. Says ‘Costs’ Includes Collector’s Percentage Fee, Disagrees With 8th and 11th Circuits

Disclosure About Less Favorable Future Terms in Collection Letter Does Not Violate FDCPA, Says Missouri Court

California Appellate Court OKs Prejudgment Interest After Charge-off

Hospital converts unused PTO into student loan benefit for workers

New bill on students pledging future income ‘an open license for discriminatory financing’

Rhode Island ‘Student Loan Bill of Rights’ Becomes Law

6 companies that have filed for bankruptcy but you can still shop or eat at

Bankruptcy filings in Buffalo-Rochester rise 9.8% in July

Coal Workers Waiting On Paychecks After Company Declares Bankruptcy

REGISTER FOR NACBA’S LIVE WEBINARS!

Bankruptcy “Law and Order” Edition: Fifth Amendment and Bankruptcy
Date: August 8, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Edward Boltz, Esq., Hal Nemeth, Esq. & James Haller, Esq.
Register HERE

To prevent malpractice, you need to know how to protect yourself and your client from potential criminal prosecution. This webinar will review the 5th amendment, its use in bankruptcy proceedings, and best practices.

Why You Should Attend: In the criminal bankruptcy system, people are instigated by separate two equally powerful groups: The UST, who investigates crime, and the U.S. attorneys, who prosecute the offenders. These are their stories. Learn how and when you and your client are protected by the 5th Amendment in bankruptcy proceedings.

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.

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- 6/10

It’s Monday! Take some time to read the following news briefs…

Pete Buttigieg could become the first president with student loan debt

Payday loans are debt traps by design

What to do if your medical bill is sent to a debt collector

At HBCUs, crushing student loan debt is a symptom of even bigger problems

Sanders: I will forgive ‘substantial’ student loan debt

Predatory loans and the schools that get students to take them

Congressman Addresses Student Loan Debt

DON’T MISS NACBA’S UPCOMING LIVE WEBINARS!

Advanced Topics in Chapter 13 Online Workshop
Date: June 20, 2019
Time: 3:00 PM EST – 6:00 PM EST
Cost: $99 Member / $149 Non Member
Presenters: Trish Mayer Esq., Summer Shaw, Esq. & James Haller Esq.
Register HERE

This panel is in response to the statement, “teach me something I didn’t know.” Designed for attorneys who are already seasoned or strive to be, the program will give participants new and innovative weapons with which to assist their clients.

  • Small Business Ch. 13 Issues
  • Business debtor’s reporting and accounting
  • Valuing a sole proprietorship and “collapsing” the business entity
  • Early withdrawal tax penalties as non-priority claims
  • Election of short tax year to create pre-petition tax debt in a chapter 7
  • 1099-C issues
  • Proper application of prior-case payments in refiled chapter 13 cases
  • “How to” lien strip an unsecured mortgage, including service and discharge issues

Why You Should Attend: Chapter 13 is easy. Its just filling out a bunch of forms and handing them (and the debtor) to the Trustee. WRONG! Chapter 13 is more complicated and offers more opportunities for the creative and aggressive attorney than any other bankruptcy. Find out how to be that attorney, so that your competition doesn’t steal all of your potential clients.

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.

Bankruptcy News Briefs- 6/05

Get over the midweek hump with these headlines…

Civil rights groups urge consumer bureau to root out discrimination in the student-loan servicing industry

Elizabeth Warren Just Joined a Longtime Republican Cause

CFPB Quietly and Proactively Acts on Its Revised CID Policy

Sen. Sinema introduces bill to eliminate federal student loan fees

MoneySolver Launches New $50,000 Contest to Help Wipe Out Student Loan Debt

Battle Lines Drawn on a Student Loan Alternative

Part 2: Top 10 Elevator Conversations about the CFPB’s Proposed New Rules for Debt Collection

Kraninger Sets Tone for Vigorous Enforcement Agenda in Decisions on Five Petitions to Modify or Set Aside CFPB CIDs

One in Five Americans Don’t Know Whether They Have Credit Card Debt, Finds U.S. News

DON’T MISS TOMORROW’S NACBA LIVE WEBINAR!

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!

SEE YOU IN HOLLYWOOD!

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- 4/25

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