collection

Bankruptcy News Briefs 7/24

Monday’s Headlines…

5th Circuit: Funds Held in IRA Lost Exempt Status When Debtor Withdrew Funds but Did Not Complete a Rollover of the Funds into another IRA, as Required by State Law

6th Circuit: Chapter 7 Trustee Could Not Forcefully Evict Debtors from Homestead by Tendering Payment Equal to the Value of their Exemption

After Denying Debtor’s Motion for Sanctions Where Creditor Sold Debtor’s Property at Auction Days After Petition Date, Judge Offers “Best Practices” Advice to Counsel

The CFPB’s Consumer Complaint Database: The Next Battle Between Regulators And Legislators

Court Finds M&T Bank in Contempt for Violating Discharge by Failing to Properly Credit Mortgage Payments Made under Confirmed Plan

Mini-CFPB? Pennsylvania attorney general launches consumer financial protection unit

In a Clear Signal to CFPB and White House, FTC Announces CID Process Improvements

FCC Focuses on Consumer Protection From Robocalling and TCPA Violations

Student loan debt has grown 250% in the last 10 years — here’s where grads owe the most

Don’t celebrate yet: Here’s why that $5 billion in student loan debt won’t be forgiven

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!

Register for NACBA’s August Webinar

Did you enjoy yesterday’s webinar? Well, get ready for another stellar webinar in August! Register Today!

 

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 Havan, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

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 7/19

What’s Happening in Midweek News?

Big Changes to West Virginia Debt Collection Laws Now in Effect

How New Credit Reporting Guidelines May Impact Consumers…and Lenders

Automatic Stay Does Not Preclude Criminal Restitution Collection

CFPB ignores request from OCC to postpone arbitration rule

Poll: Voters Support CFPB, Strict Financial Regulation

The economy has improved but money worries persist

Debt collector must face suit for accessing credit report

Second Circuit Holds that Contractually-Given Consent Cannot be Revoked Under TCPA

Consumers Making Less Than $40K Per Year Worried About Paying Off Debt

What kind of financial shape is your state in?

Annual bankruptcy filing total could approach 800K

Free of debt — with regrets

1,600 lawsuits filed in Colorado courts against students delinquent on school loans

Third Circuit Confirms That One Call Is All for TCPA Violation

District Court Confirms That Text Messages Completing Consumer-Initiated Transaction Are Not Telemarketing

Register for Tomorrow’s Webinar!

 

 

 

 

 

 

 

 

 

Don’t  miss tomorrow’s informative Webinar with O. Max Gardner III and Bobby Rivera as they discuss the following topics:

  • Finding the Investor or Guarantor of the Loan
  • Pooling & Servicing Agreements
  • GSE Published Guidelines
  • “Standard Modifications” and basic terms of some Proprietary Mod Programs
  • Common Terms & Formulas used in all Loan Modifications
  • Streamlined Mods and Not So Streamlined Mods
  • How Servicers Pick Loans for Alternative Mod Products
  • How to Determine Which Mods Your Client Can really Qualify for and How to Get them
  • How to Select the Right Client

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!

Find out What’s Happening in DC in NACBA’s Washington Update -July 14th

Krista D’Amelio keeps NACBA members informed about significant and relevant activity on the part of Congress, regulatory agencies and interest groups/think tanks in our Washington Update.

On The Hill On Wednesday, July 12, 2017, the House Financial Services Committee held a hearing titled: “Monetary Policy and the State of the Economy”. The witness list included the Honorable Janet Yellen, Chair of the Board of Governors of the Federal Reserve System. In her testimony, Yellen described an economy that appears generally strong, with continued job gains and low unemployment, but that is affected by stubbornly low inflation. During the hearing, House members pressed Yellen on how the Federal Reserve would roll back its balance sheet, the central bank’s role in ensuring full employment and her views on bank supervision. One point of interest came during Full Committee Chairman Jeb Hensarling’s (R-TX) round of questioning. He asked whether the Federal Reserve would ever buy student loans, to which Yellen answered she was unsure about student debts, but can confirm the purchase of Treasury and Agency Securities. Hensarling continued to probe on whether the Federal Reserve has any plans to buy student loans because if the reserve did, it could conceivably forgive student loans of current graduates.

In The Agencies On Monday, July 10, the Consumer Financial Protection Bureau (CFPB) announced a new rule to ban companies from using mandatory arbitration clauses to deny groups of people their day in court. Many consumer financial products like credit cards and bank accounts have arbitration clauses in their contracts that prevent consumers from joining together to sue their bank or financial company for wrongdoing. The CFPB’s rule restores consumers’ right to file or join group lawsuits. By so doing, the rule also deters companies from violating the law. Under the rule, companies can still include arbitration clauses in their contracts, but companies subject to the rule may not use arbitration clauses to stop consumers from being part of a group action. The rule also makes the individual arbitration process more transparent by requiring companies to submit to the CFPB certain records, including initial claims and counterclaims, answers to these claims and counterclaims, and awards issued in arbitration.

OTHER On Wednesday, July 12, 2017, NACBA along with 55 other coalition groups led by The Institute for College Access and Success (TICAS), sent a letter to U.S. Secretary of Education Betsy DeVos strongly opposing the delay, dismantling, or weakening of the gainful employment regulations finalized in October 2014 and the “borrower defense to repayment” and college accountability regulations finalized in November 2016. In the letter, it was argued that the existence of a new rulemaking process provides no basis for the Department to refuse to implement and enforce the current regulations in the interim. If the Department wishes to alter current regulations, it must do so through negotiated rulemaking, not unilaterally outside the processes established by Congress. Please email Krista D’Amelio to obtain a final copy of the letter.

Feedback should be directed to Krista.DAmelio@NACBA.com

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!