Chapter 13

Bankruptcy News Briefs 6/21

Midweek Headlines…

Secretary of Education Betsy DeVos Announces Intent to Appoint Dr. A. Wayne Johnson as Chief Operating Officer of Federal Student Aid

Maine Adopts New Law for Debt Buyers

Judge raps Consumer Financial Protection Bureau over $15M tug-of war

Subprime lender Provident Financial hit by shortage of debt collectors

Debt Collector Defined: Supreme Court Exempts Debt Purchasers

Obamacare credited with reducing bankruptcy rates

Subject Matter Jurisdiction and Abstention in Legal Malpractice actions brought by a Bankruptcy Debtor – Part 2

Refinancing Isn’t The Solution To Student Loan Woes

District Court Upholds Bankruptcy Court Determination that Lien Based on Unemployment Over-payment is a Judicial Lien, which Can be Avoided under § 522(f)

Student loan servicing giant takes on state regulatory moves

Register for Tomorrow’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!

Bankruptcy News Briefs 6/20

Take A Moment to Read Today’s Headlines…

$200 Debt Turns into $500 Jury Verdict …and $36,000 in Attorney Fees

Second Thoughts: CFPB And Prepaid Card Rules

US TREASURY REPORT A GIFT TO WALL STREET, A THREAT TO CFPB AND EVERYONE ELSE

Harris & Harris, associated debt collection firm allegedly used autodialer to seek debt

Diagnosing the Health of the U.S. Consumer

Starting July 1, some black marks will vanish from credit reports

Consumer Groups Take Aim at Navient for Phone Harassment

Robocalls Hijacking Your Voicemail Is ‘Invasive and Abusive,’ Say Lawmakers

Could Illinois be the first state to file for bankruptcy?

 

Phoney Lawsuits: House Subcommittee Hears Testimony On TCPA ‘Lawsuit Abuse’

Upcoming NACBA 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!

Bankruptcy News Briefs 6/19

New Week…New Headlines

U.S. House Judiciary Subcommittee on the Constitution and Civil Justice Holds Hearing to Examine Abusive TCPA Lawsuits

U.S. Department of Education Announces Plan to Improve Student Loan Regulations

Consumers’ Financial Expectations Worsen Somewhat in May

What You Should Know About “Standing” Since Spokeo

First Circuit Rules that Bankruptcy Court “Retention of Jurisdiction” Provisions Not Enough to Establish Jurisdiction

Subject Matter Jurisdiction and Abstention in Legal Malpractice actions brought by a Bankruptcy Debtor – Part 1

THE U.S. ECONOMY IN A (POST?) DODD-FRANK NATION

Dodd-Frank under fire

Where Creditor Released Garnishment within One Week of Learning of Bankruptcy, Debtor Did Not Have a Case Under §362(k) for Stay Violation

Debtor who Failed to Disclose Material Information in his Schedules and Statements Did Not Meet Marrama’s “Lack of Bad Faith” Requirement to Convert to Chapter 13

Debtor who Fails to Make Direct Payments to Secured Creditor under “Cure and Maintain” Plan is Not Entitled to a Discharge since they are “Payments Under the Plan”

Upcoming NACBA 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!

Bankruptcy News Briefs 6/13

Take a Moment To Dive Into These Headlines…

CFPB Seeks OMB Approval to Conduct a Consumer Survey to Test Debt Collection Disclosures

Industry Association Urges Caution When Interpreting Santander Decision

Judge McEwen Sanctions Green Tree under FRBP 9011 for Not Verifying Values of Collateral in Reaffirmation Agreements; Orders Servicer to Modify Training Manual

U.S. Supreme Court Holds Debt Purchaser Collecting Its Own Debt Is Not Subject to FDCPA

Federal Court Dismisses Class Action Alleging Solicitation for Payments on Time-Barred Debt is “Misleading” Under FDCPA

Ocwen to Resume Constitutional Attack on CFPB

Administration looks to curb CFPB powers, change bank rules

Removing the Tax Consequences of Student Loan Discharge

Women hold most of the US’s student loan debt

Debt collector call volume doesn’t constitute harassment, court rules

West Virginia Top Court Says Debt Collector Calls OK

IRS use of collection agencies for debts could unleash scam attempts

Rhode Island Federal Court Refuses to Dismiss FDCPA Case against Law Firm Pursuing Mortgage Foreclosure

Ohio Law Firm Believes Mounting Credit Card Debt in U.S. Will Increase Bankruptcies

Upcoming NACBA 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!

 

 

Bankruptcy News Briefs 6/8

What’s Happening in the News Today?

U.S. Rep. Jeb Hensarling Discusses Financial CHOICE Act

Colorado Extends State FDCPA, Expanding the Act to Cover Debt Buyers

States Standing By to Fill ‘Imminent’ CFPB Enforcement Gap

CFPB: Consumer Finance Background Impacts How People Establish Credit Histories

Fifth Circuit Rejects Arguments to Expand Scope of Liability under the Equal Credit Opportunity Act

CFPB hits Fay Servicing with $1.15 million fine for illegal foreclosure practices

AGs Blast Financial CHOICE Act, Urge Congress To Reject Proposed Bill

Since Creditor’s Lien Could Not Impair Debtor’s Homestead Exemption, the Court Denied his Motion to Avoid Judicial Lien

Jury imposes $25 million in civil penalties against Houston debt buyer

Former Corinthian College Students Await Loan Relief: U.S. States

How the Financial Choice Act Hurts Americans

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!

Reenw 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.

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 6/7

Midweek Headlines…

Office of Inspector General Identifies Weaknesses in CFPB’s Handling of Confidential Investigative Information

Bankr SD Fla: Debtor May Claim Head of Family Exemption to Garnishment Notwithstanding her Failure to Claim Exemption in State Court Action

Bankruptcy Filings Show Uptick in May

Court Sides With Collector on Out-of-Stat Disclosure

Report: Financial CHOICE Act Would Harm Servicemembers

U.S. House to vote on bill that would eliminate proposed predatory loan protections

CFPB Snapshot: Prepaid Complaints from Older Consumers Increase but Drop Overall

Kansas announces debt collection ban for a deceptive practices

Arizona PIRG Releases Report On Debt Collection Abuses CFPB Receives

Household Borrowing, Consumer Debt, Reaches Record $12.73 Trillion

Betsy DeVos: Student loan debt is ‘of grave concern’

Judge Denies Motion to Dismiss in Case Filed by CFPB Against Debt Relief Attorneys

A ‘great debt unwind’ has begun

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!

It’s a New Month and There’s a New 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.

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 6/6

What’s News Is Making Headlines Today? Take a Look…

Right to Dismiss Prevails Over Motion to Convert

Collection Letter That Failed to State Interest or Fees No Longer Accruing Does Not Violate FDCPA

Bank Violated the Automatic Stay by Sending Statements to Debtors to Persuade them to Make Payments on Scheduled Debts

“Ringless Voicemail” Petition at FCC: Another Factor to Consider in TCPA Compliance

Are Significant Changes To Class Actions On The Horizon? – Part One

U.S. Rep. Blaine Luetkemeyer Reintroduces Legislation to Stop Operation Choke Point

Trump’s America Is Facing a $13 Trillion Consumer Debt Hangover

First-time Foreclosure Starts Hit All-time Low

CFPB Wins a Battle in Ocwen Case

May Commercial Bankruptcy Filings Rise 5% Y/Y; Chapter 11 Filings Dip 8%

Spotlight on Alabama: New Law Extends Creditor Protections for Certain Retirement Account Assets in Alabama

Policy changes are altering student debt landscape

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!

It’s aNew Month and There’s a New 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.

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 6/2

News Leading Into the Weekend…

Financial CHOICE Act Expected on House Floor for Vote in Early June

Bock v. Pressler Returns; Court Rules Again for Plaintiff

Judge in ED Collection Litigation Reacts to OpEd and News Stories; Continues Preliminary Injunction Indefinitely

9th Cir. BAP: Creditor’s Post-petition Reporting of Overdue Payments to Credit Reporting Agency is Not a Per Se Stay Violation

CFPB: Look to Enforcement for Compliance Path

Eleventh Circuit Addresses Difference Between Constitutional and Equitable Mootness

Arbitration Update: CFPB Rule Uncertain, Mixed Fates for Others

Congress Gets Earful From Watchdogs On IRS Private Debt Collection Program

Ninth Circuit Holds That Valuation of Secured Creditor’s Collateral in Chapter 11 Need Not Be Based on Property’s Highest and Best Use

Deja vu? Student subprime debt surges 32 percent

Student loan debt collections aren’t paying off

Two Bills that Affect Foreclosure Notices

Bankruptcy cases in Buffalo rise 15 percent in May

3rd Circ.: Bankruptcy Court Can Grant Leeway in Paying Debts Late

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!

It’s aNew Month and There’s a New 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.

PlayBack NACBA

Do you wish you could experience the 2017 Convention all over again, is 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 5/31

Emotional Overcharge

Fed Report Analyzes Debt Collection and Access to Credit

 Dept. of ED Amends Debt Collection RFP and Remediation Plan

Congressional Critics Gunning For Consumer Financial Protection Bureau

Disappearing bankruptcies could start new wave of homebuying

CFPB: Incorrect Representations Regarding Debt Amounts are Actionable, Even if Made to a Consumer’s Lawyer

Experts Call GOP Plan to Undo Dodd-Frank ‘Grave Mistake’

America’s Shifting Debt Dilemma

Sen. Hassan co-sponsors bill to help relieve student debt under bankruptcy

Dodd-Frank Replacement Bill Gives ‘Free Pass’ To Payday Lenders

Don’t Miss Thursday’s Webinar! Learn How Your Firm Can Break The 7 Figure Barrier !

Building a 7-Figure Lifestyle Law Firm: Moving from a Busiess Operator to a Business Owner
Date: Thursday, June 1, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, The Rainmaker Institute
Cost: No Fee – NACBA Member Benefit

There are 3 stages every law firm goes through to break the 7-figure barrier. At each stage there are different challenges that must be faced and overcome to grow to the next level. Since 1999, The Rainmaker Institute has trained over 18,000 attorneys and helped hundreds of their clients break 7-figures. If you’ve struggled to scale to a million dollars or more in your law firm you need to attend and discover:

  • What are the 5 key challenges you must face to grow to the next level
  • How to go from being an business operator to a business owner
  • The 10 major parts of every successful law firm
  • Specific steps you must take to build a lifestyle law firm that provides the income you want to enjoy the life you want

Don’t miss this informative webinar! Register HERE

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!

Last Day to Renew Your Membership in May For a Chance to Win This Great Resource!

Only a few days left to renew your membership in May 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.

PlayBack NACBA

Do you wish you could experience the 2017 Convention all over again, is 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 5/26

Headlines Leading Into  The Weekend! 

Full Panel D.C. Circuit Court Holds Oral Argument In Appeal Over Constitutionality of CFPB

Supreme Court Debt Collection Ruling Problematic, Attorneys Say

Judge Jaroslovsky: Debtors’ Attorneys Are Not Prohibited from Getting Fees When Chapter 13 Case is Dismissed Prior to Completion

Ocwen Fined for Violating Bankruptcy Injunction

Feds Shut Down Alleged Scam Promising Student Loan Relief & Forgiveness

Some Temporary Bankruptcy Judgeships to Expire May 25

Counting on Student Loan Forgiveness? Don’t Bet on It

GOP threatens to subpoena Education Dept. official who quit

Why Trump’s Education Plan Will Make Student Debt Crisis Worse

Learn How Your Firm Can Break The 7 Figure Barrier in June’s Upcoming Webinar!

Building a 7-Figure Lifestyle Law Firm: Moving from a Busiess Operator to a Business Owner
Date: Thursday, June 1, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, The Rainmaker Institute
Cost: No Fee – NACBA Member Benefit

There are 3 stages every law firm goes through to break the 7-figure barrier. At each stage there are different challenges that must be faced and overcome to grow to the next level. Since 1999, The Rainmaker Institute has trained over 18,000 attorneys and helped hundreds of their clients break 7-figures. If you’ve struggled to scale to a million dollars or more in your law firm you need to attend and discover:

  • What are the 5 key challenges you must face to grow to the next level
  • How to go from being an business operator to a business owner
  • The 10 major parts of every successful law firm
  • Specific steps you must take to build a lifestyle law firm that provides the income you want to enjoy the life you want

Don’t miss this informative webinar! Register HERE

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!

Renew Your Membership in May to Enter This Awesome Giveaway!

Renew your membership in May and 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.

PlayBack NACBA

Do you wish you could experience the 2017 Convention all over again, is 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!