collection complaints

Bankruptcy News Briefs- 2/13

Thursday’s headlines are…

Appeal Filed From Bankruptcy Court’s Decision Granting Discharge of Student Loan Debt

What A Bernie Sanders Presidency Could Mean For Student Loan Borrowers

Reaction to potential cuts to Federal Student Loan Forgiveness Program

Growing Federal Subsidies for Graduate Loan Debt

Even high-income consumers are feeling squeezed by credit card debt

Why it matters when you’re 90 days late on a payment

Vehicle debt is piling up, driven by demand for SUVs, trucks

A Small Step Toward Clarity? The CFPB Issues Policy Statement on “Abusiveness” Standard

Sixth Circ.: Attorneys Not Liable Under FDCPA for Reasonable Mistakes of State Law

UPCOMING LIVE WEBINARS

Circuit Case Law Update
Thursday, March 5, 2020, 4:00 PM EASTERN to 5:00 PM EASTERN
Cost: FREE for NACBA Members / $50 Non Member
Presenters: NACBA Circuit Leaders & James Haller, Esq.
Register HERE

NACBA’s Circuit Leaders will outline the most important cases in your circuits.

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.

How to Train Your Staff & Paralegals to SAVE Time & Money
Thursday, March 19, 2020, 4:00 PM EASTERN to 5:00 PM EASTERN
Cost: $25 Member / $75 Non Member
Presenters: Jenny Doling & James Haller, Esq.
Register HERE

The Panel will discuss how to train your staff and paralegals, and keep them alert to changes, in the most efficient manner.

Why You Should Attend: Your office needs to run as efficiently as possible to best represent your clients and maintain profitability. Learn from our panelists what works, doesn’t work, and how to plan ahead.

Learn more about what the student debt bomb is

Bankruptcy News Briefs- 2/11

All new Bankruptcy News Briefs read…

CFPB and Dept. of Education enter into new MOU on handling complaints; Director Kraninger tells lawmakers negotiations are underway for second MOU on supervision

CFPB Issues Semi-Annual Report to Congress

Trump: Here’s My New Plan For Your Student Loans

Wait, My Student Loan Balance Went Up After 5 Years?

What Happens to Student Loans in Divorce?

Trump’s $4.8 Trillion Budget Would Cut Safety Net Programs and Boost Defense

Trump Budget Proposes Cuts To Education

New York Proposes Licensing Consumer Debt Collectors

Be Careful What You Ask For, As Banks Increase Credit Lines

‘A major, major initiative’: California wants to create its own Consumer Financial Protection Bureau

Puerto Rico oversight board eyes bankruptcy exit by year-end

Bankruptcy judge disallows $2.3M in bank claims

UPCOMING LIVE WEBINARS

Circuit Case Law Update
Thursday, March 5, 2020, 4:00 PM EASTERN to 5:00 PM EASTERN
Cost: FREE for NACBA Members / $50 Non Member
Presenters: NACBA Circuit Leaders & James Haller, Esq.
Register HERE

NACBA’s Circuit Leaders will outline the most important cases in your circuits.

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.

How to Train Your Staff & Paralegals to SAVE Time & Money
Thursday, March 19, 2020, 4:00 PM EASTERN to 5:00 PM EASTERN
Cost: $25 Member / $75 Non Member
Presenters: Jenny Doling & James Haller, Esq.
Register HERE

The Panel will discuss how to train your staff and paralegals, and keep them alert to changes, in the most efficient manner.

Why You Should Attend: Your office needs to run as efficiently as possible to best represent your clients and maintain profitability. Learn from our panelists what works, doesn’t work, and how to plan ahead.

Join NACBA in Hollywood!

Bankruptcy News Briefs- 1/29

Take some time to read the following…

Top New York Bankruptcy Judge Pushes Mediation For Student Loans

Sallie Mae reverses course on personal loan origination

Debt Collection Rule Could Leave Non-English Speakers Vulnerable

Student Loan Discharged in Bankruptcy – Just a Blip, or Something Bigger?

Who owes all that student debt? And who’d benefit if it were forgiven?

Supreme Court Affirms Sixth Circuit: Bankruptcy Stay-Relief Denials Immediately Appealable

New judge sworn in to federal bankruptcy court in Las Vegas

New rules are gutting consumer watchdog group from the inside, legal experts say

More Trustees Fear for the Future

Bar Louie Gets Approval to Pay Wages, Access Bankruptcy Loan

United States: Bankruptcy Trustee Appeals Seventh Circuit’s Ruling On Sufficiency Of UCC Collateral Description To US Supreme Court

CFPB Issues No-Action Letter to National Bank for Funding Arrangements with Housing Counseling Agencies

WILL WE SEE YOU AT #NACBALA?

Join NACBA in Hollywood for the 28th Annual Convention. Check out this year’s schedule, speakers and more, and register today!

 

Bankruptcy News Briefs- 1/28

Tuesday headlines read…

Teachers Sue Betsy DeVos Over Student Loans

Phone scams look to capitalize on massive student loan debt

Is Student Loan Forgiveness Taxable? It Depends.

FICO’s new credit score model won’t ding you for simply having student loans or a big mortgage

Moriarty Bill to Require Dealers to Pay Off Consumer Debt on a Trade Vehicle Within 15 Days Approved by Assembly Panel

Title-Loan Settlement Means $825K for N Carolina Consumers

Oil Bankruptcies Are Piling Up

Consumer Financial Protection Bureau Issues Guidance Clarifying Abusiveness Standard

California Governor Moves to Strengthen State Consumer Protection Enforcement in 2020

CHECK BACK SOON FOR 2020 LIVE WEBINAR SCHEDULE

Bankruptcy News Briefs- 1/24

It’s Friday! Check out the latest news…

Surprise, Your Credit Score May Drop

After Bankruptcy, Nearly Half of Retailers Close All Stores

Greeting Cards Retailer Papyrus Files for Bankruptcy, Plans to Close Stores

Court Cites Student Loans As Reason To Deny Bar Admission To New Lawyer

Federal reserve report shows substantial increase in student loan debt

Key CFPB defenders urge SCOTUS to skip constitutional issue

Killing the CFPB Would Harm States, Attorneys General Tell Court

Former Wells Fargo CEO Hit With $17.5 Million Fine, Barred From Banking Industry

6th Cir. Holds Consumer Lacks Standing to Assert ‘Meaningful Involvement’ Claim, Not Every Technical Violation is Redressable

NY DFS Unveils Consumer Protection Task Force, adds Former CFPB Deputy Director

Sixth and Ninth Circuits Issue Decisions Applying Spokeo to FDCPA and FCRA Claims

Big Week in the 7th Circuit: Settlement Offers, Envelopes, Creditor ID, and More

Another Seat at the Table: CFPB Adds Another Member to Taskforce

CHECK BACK SOON FOR 2020 LIVE WEBINAR SCHEDULE

Bankruptcy News Briefs- 1/17

Kickstart your weekend with the following headlines…

House Overturns Student Loan Forgiveness Rule

CONSUMER CATCH-UP: Payless to reopen shoe stores closed during bankruptcy, 58.5 billion robocalls were placed in 2019, and credit card usage up 7 percent

IRS offers tax relief for student loan debt discharges

How to avoid student loan debt relief scams

To build a more diverse workforce, companies should focus on tackling student debt

CFPB 2019 Year in Review and What to Expect in 2020

CFPB Releases Guides on TRID Disclosures for Construction Loans

CHECK BACK SOON FOR 2020 LIVE WEBINAR SCHEDULE

Bankruptcy News Briefs- 12/16

The latest consumer and bankruptcy headlines read…

The Unexpected Dangers Of Paying Off Student Loans With Your 401(k) Savings

United States: Fifth Circuit Issues New Opinion In Ultra Petroleum, Withdrawing Guidance On Make-Whole Claims

Second Circuit Upholds Ruling that Loft Tenants Have Property Rights in Bankruptcy Proceedings

Importance Of College Drops Nearly 50% Among Young Adults In Just Six Years

Celadon Trucking Bankruptcy Leaves Some 3,000 Drivers Jobless, Stranded: Reports

New Kind of Student Loan Gains Major Support. Is There a Downside?

Fly Jamaica files for bankruptcy protection

More than 40,000 people have applied for public service loan forgiveness — 206 were approved

Defaulting on some student loans gets more costly

Steven Mnuchin confirmed as Treasury secretary

California governor rejects PG&E’s $13.5 billion plan to get out of bankruptcy

Fast-rising personal debt driving Lending Club’s success

Fintech Lenders Tighten Standards as They Become More Like Banks

Credit bureau Experian fined $3 million over misleading credit scores

United States: Supreme Court Justices Say No To Applying The “Discovery” Rule On FDCPA Claims

REGISTER FOR NACBA’S LIVE WEBINARS!

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- 11/06

New consumer and bankruptcy headlines read…

California utility meets with governor amid bankruptcy case

Forever 21 Cuts Number of Store Closures Planned in Bankruptcy

Bankruptcy filings in Hawaii reach highest level in 5 years

Young Hollywood’s Student Loan Crisis: “There Are People Just Struggling to Survive”

17 Tips for Baby Boomers To Tackle Their Student Debt

CFPB and states file action against student loan debt relief companies and individual owners and managers

What It Means to Be a Debt Collector After ‘Obduskey’ Ruling

The State of Collections: TransUnion and Aite Group Release Report, Outline Challenges and Present Optimistic Future

How I Ditched Debt: From ‘Extravagantly Broke’ to Comfortably Frugal

Americans Have Enough Credit to Buy Apple, Amazon, Microsoft, and Facebook

CFPB Gets $59M Judgment In Mortgage Relief Services Suit

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!

NACBA’s 28th Annual Convention Planning Committee is looking for your star idea! If you would like to join NACBA at the Hollywood convention as a featured presenter, we are soliciting proposals for general and breakout session topics that focus on the convention theme. Current NACBA members are invited to submit their proposals for speakers/topics no later than November 29, 2019 using the provided link below.

Submit Presentation Info HERE: https://www.nacba.org/call-for-presentations/

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!