collection complaints

Bankruptcy News Briefs 11/11

Dive Into Thursday’s Headlines…

Code Does Not Entitle Trustee to Sell Free and Clear of Creditor’s Judgment Liens

Subcommittee on Financial Institutions and Consumer Credit Examines Regulatory Relief Legislation

Judge again rules for Trump administration in fight for control of CFPB

Acosta-Conniff Remanded Back to Bankruptcy Court to see to whether she has Satisfied her Burden of Proving each of the 3 Brunner elements

I.R.S. Paid $20 Million to Collect $6.7 Million in Tax Debts

Student-Loan Contractor Seeks to Throw Out Mismanagement Suit

Opinion of English v Trump

Is Record-High Consumer Debt a Good or Bad Thing?

U.S. Backs Student Loan Servicer in Lawsuit by Massachusetts

Why Would DeVos Cancel A Student Loan Rule That Works?

Prominence of Delaware bankruptcy court threatened

Beware secured creditors: The newly amended US Federal Rules of Bankruptcy Procedure now require filing a proof of claim

Feds say Healey can’t sue student loan servicer

Is This the Reason U.S. Credit Card Debt Keeps Climbing?

Don’t Miss Today’s Webinar!

Stump the Chumps!
Date: Thursday, January 11, 2018
Time: 11:30 AM Eastern / 8:30 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: James J. Haller, John C. Colwell, Ed Boltz, Gene Melchionne and Henry Sommer

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 1/10

Midweek News Briefs…

Bankruptcy Court Lacked Power to Order $375,000 in Punitive Damages

U.S. Sen. Elizabeth Warren Says CFPB Data Collection Freeze, Other Actions, are ‘Unjustified’

Court Finds that Late Filing of Tax Return does Not Automatically Bar a Debtor from Discharging a Taxes

Debtor Who Prevailed in Automatic Stay Violation Action Awarded only $406 in Total Damages Since She Neither Mitigated Damages Nor Offered Evidence of Attorneys Fees

IRS private debt-collection program hurts low-income Americans

The Bankruptcy Venue Reform Act of 2017

U.S. says Massachusetts cannot sue student loan servicer

Debt Collection Activity Alone Does Not a Debt Collector Make, According to Northern District of Illinois

Judge Was Not Kind to Collection Agency Plaintiffs in RICO Case Decision

President Trump Nominates Brendan Carr for Five-Year FCC Term

AG Pushes Collection Firm to Scrap $8.8M in Consumer Debt

CFPB Withdraws Proposal To Conduct Debt Collection Disclosure Survey

US consumer debt surges by the most in over 2 years to $3.8 trillion

Holiday Debt Hangover for U.S. Consumers

Nevada District Court Holds that a Creditor Must Have a Fully Undisputed Claim to Petition for an Involuntary Bankruptcy

Americans Borrowed More in November Amid Solid Holiday Sales

Kick Off the New Year with A New Webinar!

Stump the Chumps!
Date: Thursday, January 11, 2018
Time: 11:30 AM Eastern / 8:30 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: James J. Haller, John C. Colwell, Ed Boltz, Gene Melchionne and Henry Sommer

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 1/8

Kicking Off A New Week With New Headlines…

CFPB Bank Complaints Normalized; Such Analysis Eludes Debt Collectors

From the Web: Cybersecurity Legislation Slated for Action in 2018, if Congressional Schedule Allows

Collection Boot Camp: The Red Flags Rule and Debt Collection

Senator Concerned About Possible ‘Burrowing In’ Situation Involving CFPB Deputy Director

New York Credit Union: CFPB’s Mulvaney Already Hurting Us

Debt-collectors harass people duped into fake Telkom listing update

Debtor’s Guaranty of Wife’s Business Debt was a Non-consumer Debt, so he was Not Subject to Abuse Test under § 707(b)(1)

4 Ways Betsy DeVos Plans To Make It Harder For Ripped-Off Students To Get Loan Forgiveness

Involuntary Proceeding Suspended to Permit Disposition of State Court Litigation

Months after Equifax data breach, we’re still no closer to privacy protections

Kick Off the New Year with A New Webinar!

Stump the Chumps!
Date: Thursday, January 11, 2018
Time: 11:30 AM Eastern / 8:30 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: James J. Haller, John C. Colwell, Ed Boltz, Gene Melchionne and Henry Sommer

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 1/5

Headlines Leading Into the Weekend…

Robocall Problem Even Worse than FTC Data Shows

Title-Pawned Vehicle Drops Out of Estate When Not Redeemed Post-Petition

Chris Lazarini Discusses Challenge to Dischargeability of Claim Against Broker in Bankruptcy

These banks held the most CFPB complaints in 2017

Two Courts Clear the Way for Bankruptcy Trustees to Avoid Tuition Payments Made by Parents on Behalf of Children as Fraudulent Transfers | Financial Services Perspectives

GOP senator calls for probe into ‘flawed’ vetting process for CFPB official

Claw Back of Parent PLUS Loan Proceeds to Pay College Tuition Hits a Roadblock

NerdWallet CEO: Americans need the CFPB now more than ever

Fourth Circuit Approves Partial Dirt for Debt Plan

The Consumer Credit Market: The CFPB’s 2017 CARD Act Report

Democrats Question GOP Rural Student Loan Reimbursement Bill

Bringing Common Sense to Collections

Angry about robocalls? It’s not just you: New Jersey led the nation in complaints

Dispute Evolution: A bona fide dispute regarding claim amount may disqualify creditor from maintaining an involuntary case.

Eleventh Circuit Affirms Award of Attorneys’ Fees Incurred by Individuals for Stay Violation in Damages Action and on Appeal

Kick Off the New Year with A New Webinar!

Stump the Chumps!
Date: Thursday, January 11, 2018
Time: 11:30 AM Eastern / 8:30 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: James J. Haller, John C. Colwell, Ed Boltz, Gene Melchionne and Henry Sommer

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

 

Bankruptcy News Briefs 1/2

Let’s Kick Off 2018 With New Headlines…

Plaintiff/Debtor Loses Motion In Limine to Exclude Student Loan Promissory Note since NCSLT Witness Testimony May be able to Authenticate the Full Document

Court Grants Stay Relief to Creditor that was Defrauded by Borrowers’ Agent in “Hijacking” Scheme

Court Allowed Debtors to Convert Case to Chapter 13 in order to Sell Their Home, Over Objections from the IRS and Trustee

2017 marked a year of tearing down consumer protections ‘brick by brick’

Eastern District of New York Grants Motion to Dismiss FDCPA Current Balance Claim

With student debt rising, attorney general calls for legislation regulating lenders

Cuomo proposes reforms to aid students taking out loans

CFPB changes tone in third biennial CARD Act report

Both sides grossly overstate consumer watchdog’s impact

Local bankers weigh in on latest trends in consumer debt

Student loan debt in Washington state reaches highest level at $24.4B

A Peek Into American Debt by Generation

CFPB Withdraws Its Consumer Disclosures Survey Signaling That Debt Collection Rulemaking Is No Longer At The Top Of The CFPB’s Priorities

Northern District of New York: No FDCPA Violation Where Pre-Judgment Interest Not Disclosed in Collection Letters

Recession created ‘perfect storm’ for sharp rise in student loan debt

Kick Off the New Year with A New Webinar!

Stump the Chumps!
Date: Thursday, January 11, 2018
Time: 11:30 AM Eastern / 8:30 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: James J. Haller, John C. Colwell, Ed Boltz, Gene Melchionne and Henry Sommer

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 12/28

Check Out Headlines Making News…

Educational Debt in Excess of §109(e) Debt Limit is Not Cause for Dismissal or Conversion of Chapter 13 Case

Debtors Could Exempt their Mobile Home in Massachusetts under a Florida Statute, which the Court found to be Extraterritorial

Narrow bankruptcy laws make it nearly impossible to discharge student debt

Americans have more credit cards – and more debt says CFPB

Northern District Of New York: No FDCPA Violation Where Pre-Judgment Interest Not Disclosed In Collection Letters

CFPB adjusts HMDA data collection, TILA mortgage escrow thresholds

SDNY Bankruptcy Court Chimes in on Bankruptcy Court’s Jurisdiction to Consider Third-Party Releases

CFPB plans to further delay prepaid rule

Many Americans don’t have a plan to pay off their debts

Fifth Circuit Claims Loan Modification Communications Are Not Debt Collection Activities Under TDCA

Court Holds that Bankruptcy Judges Cannot Impose Punitive Sanctions

Beware secured creditors: The newly amended US Federal Rules of Bankruptcy Procedure now require filing a proof of claim

Kick Off the New Year with A New Webinar!

Stump the Chumps!
Date: Thursday, January 11, 2018
Time: 11:30 AM Eastern / 8:30 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: James J. Haller, John C. Colwell, Ed Boltz, Gene Melchionne and Henry Sommer

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

 

 

 

 

 

 

 

 

Bankruptcy News Briefs 12/15

End of the Week Headlines…

The Looming Collapse of Student Loan Asset-Backed Securities

“Snapshot” Rule Precludes Amended Homestead Exemption

Chapter 13 Debtor Can’t Redeem Pawned Auto Through Plan

Study: Consumers’ Pre-Recession Spending, Debt Habits Continue

Both Sides Are Wrong in Bank-Watchdog Power Struggle

Betsy DeVos hit with two lawsuits in one day over backlog of student debt relief claims

Bill before Congress to help combat student loan debt

BAP Affirms Bankruptcy Court’s Denial of Student Loan Discharge for Single Mother on Food Stamps and Medicaid Where her Income Based Payment Would be $0

Bankruptcy filings up 15% in Toledo area

The United States of Indebted America

It’s a New Month Renew Your NACBA Membership for a Chance to Win 2 Great Resources!

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Registration is Open for the 2018 NACBA Annual Convention! 

Register by February 23rd for Early Bird Savings!

NACBA’s Summit at Sea

Don’t miss this Members Only event, November 29 – December 3, 2018. Mark your calendars, save the dates, and prepare to set sail on NACBA’s voyage at sea! Registration is now open!

Bankruptcy New Briefs 12/14

In Today’s Bankruptcy News Briefs…

Why States Should Have Primary Oversight of Attorney’s Activities in Debt-Collection Litigation

U.S. House Financial Services Committee Votes to Reduce Credit Bureau Consumer Protections

THE FIGHT TO CONTROL THE CFPB ISN’T OVER YET

CUNA files amicus brief supporting Mulvaney at CFPB

The preclusive effect of a Congressional override of the CFPB dealer pricing bulletin: we think Professor Levitin’s premise is wrong

Consumer lending 2017: Bold bets and strategic exits

District Court Affirms Finding of No Undue Hardship for 44-Year Old Lawyer/Nurse who Sought to Discharge Student Loans

Bankruptcy Law Update: Preferences and Selected Bankruptcy Issues

New York launches tough new regs in wake of Equifax breach

Student Loans, Bankruptcy and the Silence of Presidents

Nearly 5 Million Americans in Default on Student Loans

It’s a New Month Renew Your NACBA Membership for a Chance to Win 2 Great Resources!

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Registration is Open for the 2018 NACBA Annual Convention! 

Register by February 23rd for Early Bird Savings!

NACBA’s Summit at Sea

Don’t miss this Members Only event, November 29 – December 3, 2018. Mark your calendars, save the dates, and prepare to set sail on NACBA’s voyage at sea! Registration is now open!

Bankruptcy News Briefs 12/11

Check Out Monday’s Headlines…

Consumer Advocates File in Support of Acting CFPB Director Leandra English

Special Counsel Violates Code and Rules by Failure to Disclose Fee Agreements

TCPA Case Law Review for September-November 2017

Judge in CFPB Leadership Case Sets Swift Court Schedule

Mick Mulvaney Taking a Closer Look at CFPB Investigations

Bank is not entitled to the Fees at issue under the terms of the Mortgage since it did Not give Actual Notice of Post-Petition Fees to Chapter 13 Debtors

11th Cir: §362(k)(1) Authorizes Debtors’ Attorneys’ Fees in Ending a Willful Violation of Stay, Prosecuting a Damages Violation, and Defending Appeal of those Issues

Bill aims to forgive volunteer first responder student loan debt

Americans are drowning in debt. Here’s where they have it the worst.

The Undoing of the CFPB: Why Consumers Should Know and Care

CU Share of Consumer Loans Up in October

The #Resistance Is ‘Creating a Genuine Constitutional Crisis at the CFPB

With CFPB, GOP can finally make good on abolishing federal agencies

Average US household owes $15,654 in credit card debt

Medical Debt Accrual Down By 45% In States After Medicaid Expansion

It’s a New Month Renew Your NACBA Membership for a Chance to Win 2 Great Resources!

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Registration is Open for the 2018 NACBA Annual Convention! 

Register by February 23rd for Early Bird Savings!

Bankruptcy News Briefs 12/8

Headlines Kicking Off The Weekend…

District Court Doubles Down on Romero and Again Dismisses TCPA Claim for Lack of Article III Standing

Discharged Debtor’s Claims of Invasion of Privacy/Violation of FCRA Survived Banks’ Motion to Dismiss Where he Alleged Banks had No Legitimate Reason to Pull his Credit Reports

FTC Bans Three Scammers From Posing as Debt Collectors

Credit Card Balances Cause Increase in Overall U.S. Consumer Credit

From the Web: Senate Banking Committee Advances Regulatory Relief Bill

Consumer Reports CEO: We all have a stake in the future of the CFPB

Commentary: How the CFPB Fight Is a Sign of the Next Financial Crisis

9th Cir. Holds FDCPA Preempts State Judgment Execution Laws

Two student loan studies everyone missed

Consumer accuses debt collector of violating FDCPA

It’s a New Month Renew Your NACBA Membership for a Chance to Win 2 Great Resources!

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Registration is Open for the 2018 NACBA Annual Convention! 

Register by February 23rd for Early Bird Savings!