collection complaints

Bankruptcy News Briefs 9/13

Midweek Headlines in the Briefs…

August Bankruptcy Filings Increase for Consumers and Businesses

CFPB Gets $14M In Relief For Deceived Consumers Since Start Of Year

Upcoming Programs On CFPB Arbitration Rule

National Credit Systems Inc., Equifax Inc. accused of misrepresentation in debt collection

CFPB Enters Consent Order with Lead Aggregator For Steering Consumers to Illegal Loans

United States: New TCPA Class Action: Expansion Into Service Calls

Medical debt won’t go on your credit report right away, come Sept. 15, 2017

Roadblocks Ahead for Credit Union Legislation

Don’t miss NACBA’s 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

Please sign into your NACBA Member Account to Register now for Hill Day at Home!

DEADLINE TO REGISTER IS FRIDAY, SEPTEMBER 22, 2017

Upcoming Webinar!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BY: Edward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non Member
REGISTER: HERE
DATE: Thursday, September 14, 2017 @ 4:00 PM Eastern to 4:45 PM Eastern
PRESENTED BY: James Haller, Esq., Sulaiman Law Group Ltd. Chicago, IL
COST: $25 Member / $75 Non Member
REGISTER: HERE

NACBA Events

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

 

Bankruptcy New Briefs 9/12

Stay Informed…Check out Today’s Headlines…

Consumer Borrowing Turns Around in July

From the Web: ‘Equifax Breach May Kill Repeal of CFPB Mandatory Arbitration Rule’

9th Circuit Opinion Highlights Right to Cure Provision in California’s Rosenthal FDCPA

Statement of National Consumer Law Center Staff Attorney Chi Chi Wu on the Equifax Data Breach that Affected 143 Million Consumers

Debtor’s Concerns about her future Income and the Distribution of her Non-exempt Assets in chapter 7 proceeding were Not Special Circumstances within the meaning of § 707(b)(2)(B)

Chapter 13 Debtors Could Modify their Plan in order to Defer Payment of Arrears Beyond Initial Plan Term Since it was Within 60-month Period Mandated by Section 1329

Debtor’s Law Firm had to Disgorge Attorney’s Fees Where it Improperly “Unbundled” its Services and Created Conflicts with Client

TCF Bank Sees Partial Ruling In Its Favor In Overdraft Fees Case Lodged by CFPB

Shindler & Joyce accused of misrepresentation in debt collection

Consumers piled on credit card debt in second quarter

Does The Fair Credit Reporting Act Preempt State-Law Claims For Unfair And Deceptive Trade Practices?

Don’t miss NACBA’s 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

Please sign into your NACBA Member Account to Register now for Hill Day at Home!

DEADLINE TO REGISTER IS FRIDAY, SEPTEMBER 22, 2017

Upcoming Webinar!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BY: Edward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non Member
REGISTER: HERE
DATE: Thursday, September 14, 2017 @ 4:00 PM Eastern to 4:45 PM Eastern
PRESENTED BY: James Haller, Esq., Sulaiman Law Group Ltd. Chicago, IL
COST: $25 Member / $75 Non Member
REGISTER: HERE

NACBA Events

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 9/11

News Kicking Off Monday…

Debtor Failed Means Test Where he Could Not Justify Excess Rent Payment and Overstated his Truck Payment

Debt Owed to State Bar by Former Lawyer, which was a Penalty and Not Compensation for Pecuniary Loss, was Non-Dischargeable under § 532(a)(7)

Wells Fargo’s fraudulent accounts under investigation by Iowa attorney general

65-plus crowd facing growing burden from student loan debt

Rauner yanked the plug on student loan bill of rights. Lawmakers need to bring it back.

No Surrender: Massachusetts Appeals Court Preserves Foreclosure Challenges for Bankruptcy Petitioner

This Week In Credit Card News: The Average Consumer’s Credit Card Debt;

Equifax hack: What’s the worst that can happen?

Richard Cordray Says CFPB and DOE Can Work Together on Student Loans

The Gathering Avalanche: “Robocall” Blocking, and What Can be Done

2017 Hill Day Registration is Open!

Don’t miss NACBA’s 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

Please sign into your NACBA Member Account to Register now for Hill Day at Home!

DEADLINE TO REGISTER IS FRIDAY, SEPTEMBER 22, 2017

Upcoming Webinar!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BY: Edward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non Member
REGISTER: HERE
DATE: Thursday, September 14, 2017 @ 4:00 PM Eastern to 4:45 PM Eastern
PRESENTED BY: James Haller, Esq., Sulaiman Law Group Ltd. Chicago, IL
COST: $25 Member / $75 Non Member
REGISTER: HERE

NACBA Events

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy New Briefs 9/8

End of the Week Headlines…

Plan Modification to Surrender 910 Vehicle Permissible

Equifax Says Cyberattack May Have Affected 143 Million Customers

Tens of Millions of Consumers Will Benefit from New Rules for Medical Debt on Credit Reports

Widow Loses Exemption in Home But Gets to Keep Property

House Subcommittee Considers Legislation to Amend FDCPA and the Consumer Financial Protection Act Regulations of Debt Collection Attorneys

Court found that there is a Bad Faith Exception to a Debtor’s Right to Dismiss a Chapter 13 case, and Converted Case to Chapter 7

IRAs Don’t Lose Exemption After Transfer in Bankruptcy

Debtor Doesn’t Have to Contribute Social Security to Ch. 13 Plan

Ex-Judge Eugene Wedoff Takes on Bankruptcy Appeals Pro Bono

New credit score rules to benefit local consumers with medical debt

Coming Soon: Bankruptcy Proofs of Claim Must be Filed Sooner and by More Claimants

Debt Dialogue: August 2017 – Setoff and Recoupment in Bankruptcy: A Brief Overview

2017 Hill Day Registration is Open!

Don’t miss NACBA’s 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

Please sign into your NACBA Member Account to Register now for Hill Day at Home!

DEADLINE TO REGISTER IS FRIDAY, SEPTEMBER 22, 2017

Upcoming Webinar!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BY: Edward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non Member
REGISTER: HERE
DATE: Thursday, September 14, 2017 @ 4:00 PM Eastern to 4:45 PM Eastern
PRESENTED BY: James Haller, Esq., Sulaiman Law Group Ltd. Chicago, IL
COST: $25 Member / $75 Non Member
REGISTER: HERE

NACBA Events

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 9/7

Today’s Headlines…

From the Web: ‘New Data Details How Americans are Spending Their Money’

U.S. Department of Education Ends MOUs with CFPB

3rd Circuit: 2nd Collection Letter Within 30 Days of First Letter is “Overshadowing”

U.S. Department of Education Unveils New Approach to Federal Student Aid Compliance

NJ Judge Disagrees with NY Judge in FDCPA Case Involving Credit Repair Agreement

NCLC’s Attorney Chi Chi Wu to Testify on Sept. 7 before House Financial Services Committee on Six Anti-Consumer Bills

FDCPA Case Law Review for August 2017

What Is the Fate of the Consumer Financial Protection Bureau?

Web site steered U.S. borrowers into bad, illegal payday loans: CFPB

FTC targets North Carolina debt collection scheme for alleged abusive tactics

House Committee Meets Today to Consider Change to FDCPA

The biggest financial stress may be avoidable

Debt collector accused of violating FDCPA

2017 Hill Day Registration is Open!

Don’t miss NACBA’s 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

Please sign into your NACBA Member Account to Register now for Hill Day at Home!

DEADLINE TO REGISTER IS FRIDAY, SEPTEMBER 22, 2017

Upcoming Webinar!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BY: Edward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non Member
REGISTER: HERE
DATE: Thursday, September 14, 2017 @ 4:00 PM Eastern to 4:45 PM Eastern
PRESENTED BY: James Haller, Esq., Sulaiman Law Group Ltd. Chicago, IL
COST: $25 Member / $75 Non Member
REGISTER: HERE

NACBA Events

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

 

 

Bankruptcy News Briefs 9/5

New Month New Headlines…

No Bad Faith for Failure to Voluntarily Devote Social Security Funds to Plan

RMA Recommends Suspension of Communications to Consumers Located in Areas Affected by Tropical Storm Harvey

Federal Judge Dismisses CFPB’s Claims Against Debt Collection Service Providers

College Football Tickets are Property of the Estate which Trustee May Sell for Benefit of Creditors

Court Sanctioned Creditor, an experienced Bankruptcy Attorney, who Feigned Ignorance of the Law, with $5,000 in Punitive Damages for Egregious Violations of the Automatic Stay and Discharge Injunction

From the Web: ‘CFPB Director Evasive About Possible Resignation’

Republicans Accelerating Repeal Of Rule To Restore Consumers’ Right To Sue Banks

HHS Secretary Issues Directive on HIPAA Privacy During Public Health Emergency

FTC Court Order Bans Debt Collector from Industry

CFPB Rule Fight Forces Senators to Choose: Military Families or Big Banks

Education Dept. Ends Partnership With CFPB

Wells Fargo’s latest fake account revelation proves why the CFPB must survive

Recent Massachusetts AG consent order places new requirements on debt collection law firm

Liz Weston: Credit Bureaus Ease Medical Debt Pain for a Few

US Credit Card Debt Sets New Record—But Is That a Problem?

“Modest” Overstatements of Amount Due and Interest Rate Actionable Under FDCPA, Ninth Circuit Rules

2017 Hill Day Registration is Open!

Don’t miss NACBA’s 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

Please sign into your NACBA Member Account to Register now for Hill Day at Home!

DEADLINE TO REGISTER IS FRIDAY, SEPTEMBER 22, 2017

Upcoming Webinar!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BY: Edward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non Member
REGISTER: HERE

NACBA Events

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 8/30

Catch Up On Midweek Headlines…

FTC Alleges Extensive FDCPA Violations Against North Carolina Debt Collection Operation

FCC Committee to Consider Recommendation on Blocking Unwanted Calls

Illinois Governor Vetoes ‘Student Loan Servicing Rights Act’

3 Lessons You Should Take From the Latest 1099(c) Letter Case

Court Rules Revocation of Consent for One Creditor Does Not Revoke Consent for Another

ED Updates Court on Debt Collection RFP Status; Requests Extension

Report: States Battle to Restrain High-Cost Installment Loans

Court Gets It Wrong on Exempt Property as Disposable Income

Court Hits Nationstar with $40,000 in Punitive Damages since its Delay in Following Court Orders Caused Debtor to Incur Damages

Consumer claims Premier Recovery Group attempted to collect already settled alleged debt

Student loan balances jump nearly 150 percent in a decade

“Modest” Overstatements of Amount Due and Interest Rate Actionable Under FDCPA, Ninth Circuit Rules

Upcoming Webinar!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BY: Edward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non Member
REGISTER: HERE

 

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

In today’s Consumer Bankruptcy Journal highlight read, “In re: Kearney (kearney vs Navient Solutions Inc. et. al )Adv. Case  No. 16-3024-Southern District of Ohio Western Division at Dayton,” by Brian Flick, Esq.

Exciting Upcoming Events

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

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 8/28

Fresh Headlines for a New Week…

Clark v. Rameker Does Not Limit State IRA Exemption

Consumer Litigation Cases Decline Under FCRA, FDCPA, and TCPA

From the Web: Survey Shows Most Consumers Lag in Checking Credit Report

Circuit Court: Disallowed Portion of State’s DSO Claim Not Subject to the Discharge Injunction

Chapter 13 Debtor May Confirmed Plan to Surrender Collateral and Reclassify Claim as Unsecured

CFPB Could Scale Back Payday Lending Rule To Get It Done

Wells Fargo wants court to toss overdraft lawsuits and let it use arbitration

CFPB Issues Temporary Amendment to HMDA Rule Reporting Threshold

Trustee’s Motion to Dismiss Chapter 7 Case for Bad Faith was Untimely and Moot when filed 4 Months After Debtor Received Discharge

CFPB’s New Regulatory Inquiry Process: Ask And Ye Shall Receive?

Eleventh Circuit Recognizes Partial Consent Revocation under the TCPA

CFPB releases state-level data on student debt impact on older borrowers

Quality Over Quantity

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.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

Take an in-depth look at, “The Bankruptcy Crisis in Chicago,” with authors, Steven Fox and J. Scott Bovits in today’s Consumer Bankruptcy Journal highlight.

Exciting Upcoming Events!

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

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

 

Bankruptcy News Briefs 8/25

Let’s Wrap Up the Week…

New Law Outlines Requirements for Debt Buyers in Oregon

OCC Rejects ‘Tactics and Goals’ of Operation Choke Point

CFPB Director’s Op-Ed ‘Disregards’ Facts on Effects of Arbitration Rule

‘White Lies’ Can’t Prevent Debtor’s Bankruptcy Discharge

Group sues Lowell court over debt collection practices

CFPB Calls for Court to Stop Order Against DOE’s Collection on Defaulted Loans

Damages for Copyright Violation Can’t Be Wiped Out in Bankruptcy

DC Cir. Confirms Mediation Not Required Prior to Judicial Foreclosure

Long Arms of the CFPB Don’t Exclude Healthcare Providers

CFPB Sides with ED in RFP Litigation and the Court’s Preliminary Injunction Prohibiting New Placements

American Express Settles With CFPB on Discriminatory Card Terms

Regulators, consumers target student debt servicer Navient

Ferguson VS Navient

Read the Transcript for Ferguson vs Navient. This is a new area of law dealing with those types of student loans that are not automatically excepted from discharge. It shows that debtors who went through bankruptcy years ago with dischargeable student loans and have been hounded into repaying these discharged loans have a remedy for relief and punitive sanctions.  Submitted by Austin Smith.

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.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

We have a special President’s Report in this quarter’s Consumer Bankruptcy Journal. NACBA’s President Jim Haller had the pleasure of honoring several distinguished members of NACBA at the 25th Annual Convention. Each year we honor members and key allies for their extraordinary service. Take a moment to review the President’s Report and the awards that were given to our incredible recipients!

Exciting Upcoming Events!

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

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 8/23

Midweek Headlines…

Older Americans Have More Student Debt Than Ever, Face ‘Overly Complex’ Loan Servicing System

Anticipated Discretionary Bonus Not Property of Estate

U.S. Sen. Elizabeth Warren Seeks Financial CEOs’ Stance on CFPB Mandatory Arbitration Rule

Operation Choke Point Is Over – Perhaps

CFPB and AGs Settle Claims Against Loan Purchaser

Unlisted Creditor Could File Complaint under §523(a)(3)(B) at Any Time, but Not a Complaint Under §727

Where prospects carry the most student loan debt

Why 4 in 10 Americans Could Soon Get a Credit Boost

ACA Financial Hardship Exemption Requirements

Ferguson VS Navient

Read the Transcript for Ferguson vs Navient. This is a new area of law dealing with those types of student loans that are not automatically excepted from discharge. It shows that debtors who went through bankruptcy years ago with dischargeable student loans and have been hounded into repaying these discharged loans have a remedy for relief and punitive sanctions.  Submitted by Austin Smith.

Register for This Month’s NACBA Webinar!

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
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.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

Take a moment to read an article that any Consumer Bankruptcy Attorney would be interested in, “The United States Consumer Law, Attorney Fee Survey Report,” in today’s Consumer Bankruptcy Journal highlight.

Exciting Upcoming Events!

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

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!