Chapter 13

Bankruptcy News Briefs 7/20

End of the Week Headlines…

CFPB Releases Effective Date for Arbitration Rule

Consumer Credit Delinquencies Increase in First Quarter

Consumer’s Credit Repair Agreement Becomes Issue in Collection Dispute

Challenges to Tax Exempt Status of Bankrupt Non-Profits

5th Cir. Holds Debt Collector’s Obligation to Report Debt as Disputed Not Limited By § 1692g

Big Bank Bankruptcy Bill Back on Table; Will It Prevent Meltdown?

CFPB Enforcement Actions Fall Off in Second Quarter

Ch. 13 Trustee Must Return Plan Payments on Dismissal

Republicans launch Congressional Review Act challenge to CFPB class-action rule

New York attorney general investigates student debt collector for missing paperwork

Judge denies law firm’s motion to dismiss debt collection lawsuit

Houston Debt Collection Lawyer Hit with $25 Million DTPA Judgment

Recent Bankruptcy Decision from the Western District of Wisconsin Discusses Negative Equity, Car Loans, and the Chapter 13 Cram Down

Today is the Day! Are You Registered?

 

 

 

 

 

 

 

 

 

 

Register Today!

Washington Update

Krista DAmelio gives you the latest update from Washington! Stay informed about significant and relevant activity on the part of Congress, regulatory agencies and interest groups/think tanks with NACBA. Read it today!

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the requirements and start referring today!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

 

 

Bankruptcy News Briefs 7/14

Let’s Wrap Up the Week…

CFPB’s new rule ‘large gift for class action lawyers’; Court challenges coming

CFPB Hits Back at Efforts to Kill Rule Easing Bank Lawsuits

Mounting Student Loan Debt Mobilizing Bankruptcy Courts

Goods Must be Physically Received to Create Priority Claim

Collecting Restitution Didn’t Violate Bankruptcy Stay

Debtor Could Cram-down Condo Association’s Secured Claim, Since the COA’s Claim is Secured by Both a Consensual and Statutory Lien

Debtor’s Pension Counts as Income When Calculating “Current Monthly Income” and Disposable Income

Rising student debt locking out U.S. Millennials from home ownership: Fed

Why Texas business bankruptcy filings have hit record levels

NACBA’s Webinar Summer Lineup

Learn more about these timely and informative webinars and register today!

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the requirements and start referring today!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

Bankruptcy News Briefs 7/12

What’s Happening in Midweek News? Take a Look…

Dept. of Defense Did Not Violate the Automatic Stay When it Offset Debtor’s Tax Refunds to Pay Non-Dischargeable Pre-Petition Debt

Consumers’ and Businesses’ Bankruptcy Filings Increase in June

Legislation to End Operation Choke Point Expected for Markup After August Recess

Third Circuit Rules Single Phone Call Sufficient to Create Standing in TCPA Claim

Deadline for Revocation of Discharge Not Jurisdictional

Democrats Ask FTC to Review IRS Private Debt Collection Scripts

Betsy DeVos Sued Again for ‘Devastating’ Suspension of Student Loan Protections

Things That Go Down, Must Go Up?

U.S. Consumer Borrowing Posts Biggest Increase In Six Months

Don’t Miss These Informative Webinars This Summer!

July’s Webinar

Is there Life After HAMP? Now what?
The End of HAMP: Understanding Proprietary Modifications
Date: Thursday, July 20, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: O. Max Gardner III, Roberto (Bobby) Rivera
Cost: $25 NACBA Member / $75 Non-Member
Register HERE

August’s Webinar

Reverse Mortgages & Bankruptcy
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non-Member
Register HERE

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out theRequirements and start referring today!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

Bankruptcy News Briefs 7/11

CFPB Rule Restores Consumers’ Day in Court Over Financial Misconduct

Calls to Consumer Prior to Processing Cease & Desist Letter Do Not Violate FDCPA

U.S. Banking Group Anticipates Modest Growth in Economy in 2018

Appellate Court Reignites Single-Call TCPA Case

Equity Does Not Permit Court to Fix Congress’ Mistake Nearly 40 Years Ago Regarding Exemptability of Personal Injury Awards

Debtors Entitled to Attorneys Fees for Defending Adversary Proceeding Brought by Creditor That Failed to Properly Investigate the Facts and was Not Substantially Justified in Bringing Action

CFPB issues executive summary of TRID Rule amendments

CFPB’s long-awaited arbitration rule may be a short-lived victory for consumers

Credit Agencies To Ease Up On Medical Debt Reporting

Consumer Credit Rose $18.4 Billion in May, Most in 6 Months

Richmond widow fights to get around advisor’s bankruptcy

Don’t Miss These Informative Webinars This Summer!

July’s Webinar

Is there Life After HAMP? Now what?
The End of HAMP: Understanding Proprietary Modifications
Date: Thursday, July 20, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: O. Max Gardner III, Roberto (Bobby) Rivera
Cost: $25 NACBA Member / $75 Non-Member
Register HERE

August’s Webinar

Reverse Mortgages & Bankruptcy
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non-Member
Register HERE

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out theRequirements and start referring today!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

Bankruptcy News Briefs 7/10

News Kicking Off  Your Week…

Fifth Circuit Rules Consumer’s § 1692e(8) FDCPA Claim Not Foreclosed by Consumer’s Failure to Timely Dispute Debt

Section 707(b) Applies to Converted Cases

National Consumer Law Center Advocates Condemn U.S. Department of Education Blocking Important Protections against For-Profit School Fraud

NCLC Attorney to Testify at U.S. Department of Education In Support of Important Protections against For-Profit School Fraud

Court Found Cause to Grant Ex-Wife Relief from the Stay in Order to Have a State Court Issue a QDRO

Creditor’s Subrogation Lien that Arose by Operation of State Law Post-petition was Not a Violation of the Automatic Stay since the Creditor had not Taken “Any Act” to Create the Lien

Court Finds Condo Association Attorneys’ Fees to be Unreasonable Where COA Referred Debtor to its Attorneys Instead of Dealing with the Debtor’s Concerns Directly

Court Sanctions Debtor’s Counsel under Rule 9011 for Filing Stale, Incomplete Petition for an Improper Purpose

Cold Case: Bankruptcy Reopened More Than 80 Years Later

Don’t Miss These Informative Webinars This Summer!

July’s Webinar

Is there Life After HAMP? Now what?
The End of HAMP: Understanding Proprietary Modifications
Date: Thursday, July 20, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: O. Max Gardner III, Roberto (Bobby) Rivera
Cost: $25 NACBA Member / $75 Non-Member
Register HERE

August’s Webinar

Reverse Mortgages & Bankruptcy
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non-Member
Register HERE

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out theRequirements and start referring today!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

Bankruptcy News Briefs 7/5

Midweek Headlines..

Survey: American Households Still Face Lingering Economic Challenges from Great Recession

Some Federal Student Loans Cancelled in New Jersey

Life Insurance Proceeds that Debtor Received More than 180 Days After Filing Chapter 13 Case were Property of the Estate

Change how CFPB is run

Proposals to change student loan rules could upend industry

Attorney for Chapter 13 Debtors Not Entitled Fees Above the Local “No Look” Fee Where the Disclosure of Compensation Conflicted With Plan Provision on Fees

Court rules that debtors may claim exemption for HSAs

District Court of New Jersey Holds No Duty Under FDCPA to Warn of Tax Consequences for Debt Settlement

Study: Debt collection complaints from CT military members low

Consumers on a healthier credit footing but unsure on their scores

Don’t Miss These Informative Webinars This Summer!

July’s Webinar

Is there Life After HAMP? Now what?
The End of HAMP: Understanding Proprietary Modifications
Date: Thursday, July 20, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: O. Max Gardner III, Roberto (Bobby) Rivera
Cost: $25 NACBA Member / $75 Non Member
Register HERE

August’s Webinar

Reverse Mortgages & Bankruptcy
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non Member
Register HERE

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out theRequirements and start referring today!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

Bankruptcy News Briefs 7/3

Just a Few Headlines Before the Holiday…

Chapter 7 Debtor Beat U.S. Trustee’s Motion to Dismiss where UST failed to show Debtor’s Filing was an Abuse under the Totality of the Circumstances

CFPB hits credit repair execs for $2M over illegal fees

Consumer accuses debt collector of illegal practices

Civil Judgments to Be Removed from All Credit Reports

SCOTUS Takes Bankruptcy Case Recharacterizing Debt as Equity

Watch Out Dodd-Frank

Fannie Mae making it easier to spend half your income on debt

Secured Creditor Can’t File Late Claim in Chapter 13

Two New NACBA Webinars This Summer!

 

 

 

 

July’s Webinar

Is there Life After HAMP? Now what?
The End of HAMP: Understanding Proprietary Modifications
Date: Thursday, July 20, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: O. Max Gardner III, Roberto (Bobby) Rivera
Cost: $25 NACBA Member / $75 Non Member
Register HERE

August’s Webinar

Reverse Mortgages & Bankruptcy
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non Member
Register HERE

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out theRequirements and start referring today!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

Bankruptcy News Briefs 6/27

News Making Headlines…

Department of Education Files Appeal of Preliminary Injunction; Briefing Deadlines Set

The Department of ED Contract: A Candid Discussion between Industry Experts Mike Ginsberg and Randy Kamm

23 Financial Industry Groups Urge Adoption of Bipartisan Commission to Run CFPB

CFPB Wants to Fix Public Service Loan Forgiveness Program

Blog: Banking lobby pushes for CFPB commission

IRS Private Debt Collectors Accused Of Pressuring Taxpayers, Breaking The Law

Debt collector accused of ‘re-dos’ to collect multiple times

IRS warns of increasing summertime tax scams

WELCH INTRODUCES LEGISLATION TO AID STUDENT LOAN DEBT MANAGEMENT

Attorney for Debtor’s Ex-Wife, Who had Knowledge of Bankruptcy, Violated the Automatic Stay by Bringing Contempt Action in Divorce Case

Dear Bankruptcy Asset Purchaser, Got Good Faith?

Consumer Reports: Personal bankruptcies decline under ACA

How health care costs are linked to foreclosures

Tax Cuts In Republican Senate Health Bill Undercut Its Best Justification

Register for July’s Webinar!

Is there Life After HAMP? Now what?
The End of HAMP: Understanding Proprietary Modifications
Date: Thursday, July 20, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: O. Max Gardner III, Roberto (Bobby) Rivera
Cost: $25 NACBA Member / $75 Non Member
Register HERE

Renew Your Membership  For a Chance to Win This Great Resource!

Only a few more days to renew your membership in June to be entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out theRequirements and start referring today!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

Bankruptcy News Briefs 6/26

Let’s Kick the Week off With Some New Headlines…

Survey: Consumers’ Savings Levels Improve

IRS Private Tax Collectors Are Accused Of Illegal Tactics

Debt Collector Accused Of Taking Money From People Who Didn’t Owe Anything

CHOICE Act dilutes safeguards

HOUSING GROUPS WANT CHANGE TO CFPB STRUCTURE

Illinois debt is about to be rated ‘junk.’ What that means

Jim Flynn: As student debt rises, fake relief firms prey

CHOICE Act: Reform or Recalibration?

Relatively Young, Healthy Recently-separated Single Parent with Part-Time Job Passed Brunner Test to Discharge Student Loans

Debtor’s Taking of a Car from Employer Without Permission and then Crashing it was Not a Willful and Malicious Injury under §523(a)(6)

Debt for Helicopter Medical Transport was Dischargeable Even Though Debtor Spent Insurance Benefits on Himself

Debtor’s Anticipated Bonus from Employer that had Discretion on Whether to Award it was Not Property of the Bankruptcy Estate

Redgister for July’s Webinar!

Is there Life After HAMP? Now what?
The End of HAMP: Understanding Proprietary Modifications
Date: Thursday, July 20, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: O. Max Gardner III, Roberto (Bobby) Rivera
Cost: $25 NACBA Member / $75 Non Member
Register HERE

Renew Your Membership  For a Chance to Win This Great Resource!

Renew your membership in June to be entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out theRequirements and start referring today!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

Bankruptcy News Briefs 6/22

News in the Headlines…

Fed Reports Delinquency Transition Rates are Low—Except for Student Loans

Class Actions Matter: Consumers Mislabeled as Terrorists Win Record $60 Million against TransUnion for Violating Key Consumer Protection Law

Congress Must Defend Service Members from Predatory Financial Scams

CFPB Highlights Complaints About The Public Service Loan Forgiveness Program

STATEMENT COMMENDING NEW MILITARY CONSUMER ENFORCEMENT ACT

Court Denies Creditor’s Motion to Dismiss Chapter 11 Case Despite Multiple Factors in Favor of Dismissal

Abolishing Medical Bills Attracts BIG Activists – Nurses, Academics and…Bill Collectors?

What Deleveraging?

Debt Collection Complaints Continue Monthly Decline; Consumer Litigation Filings Bounce Back

Conversion from Chapter 13 to 7 Occurs Automatically Upon Filing a Notice or Motion, by Operation of Law

Don’t Miss Today’s Webinar!

Don’t miss NACBA’s comprehensive webinar, “2017 Case Law Updates & Impact on Consumer Bankruptcy Attorneys,” Thursday, June 22nd from 3pm-4pm ET with Henry Sommer and Angela Littiwn. This webinar will discuss recent trends in bankruptcy case law, with analysis of cases decided by the Courts of Appeals and other appellate courts. Take a look at the cases they will be discussing and make sure you Register Today!

Cost is $25 for NACBA Members/$75 For NonMembers

Renew Your Membership  For a Chance to Win This Great Resource!

Renew your membership in June to be entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the Requirements and start referring today!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!