collection

Bankruptcy News Briefs- 10/28

Start your Monday with the following…

Case Bites: Interesting Issues and Decisions from This Week’s Cases

Bankruptcy May Shield Homeowners From Forgiven Mortgage Debt Tax

The Massive Moral Hazard Problem Of Mass Student Loan Forgiveness

HBCU, black parents saddled with risky college student debt because of Parent PLUS Loan

Student debt isn’t just a millennial problem

Supreme Court Review Could Undercut CFPB Enforcement

U.S. Credit Card Users Owe Nearly $900 Billion. Should We Be Worried?

The True Cost of Payday Loans—And Some Borrowing Alternatives

Trustee Alleges Fraud in Farmers’ Bankruptcy

Facebook Robocall Case Gives Justices Shot to Define Autodialer

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!

Bankruptcy News Briefs- 4/26

It’s Friday! Jumpstart your weekend with the following…

Bankruptcy Court Awards Debtor $204,867.00 in Damages Against Creditor and Creditor’s Law Firm for Post-Discharge Lawsuit of Discharged Debt

Court Rules No Discharge Violation, Debtor’s Plan Language Didn’t Require Vehicle Lien Release Upon Plan Completion

Report: Defaulted Federal Student Loan Borrowers in Communities of Color Are Disproportionately Sued

Elizabeth Warren’s plan to forgive student loan debt is costly, but it could actually pour money into the US economy

Governor Murphy Signs Legislation to Make Student Loans More Affordable

Who Would Benefit from Elizabeth Warren’s Student Loan Forgiveness Proposal?

U.S. consumer protection just got even worse

Residential Mortgage Lender Survives ATR/QM Challenge

House to vote on bipartisan retirement bill in May

Tillis bill streamlines bankruptcy process for small businesses

Consumers face long odds battling debt collectors in local courts

When a Collector Talks to a Bot: How to Solve for Time-Wasting Apps

4th Circuit Declares Government Debt Exemption to the TCPA Unconstitutional, But Leaves the Rest of the Statute Intact

REGISTER FOR NACBA’S UPCOMING LIVE WEBINARS!

Emerging Bankruptcy Technologies to Assist your Bankruptcy Practice
Date: June 6, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rachel Foley Esq., Reed Almand, Esq. & James Haller Esq.
Register HERE

Busy bankruptcy attorneys are bombarded with technology choices – all promising great rewards but many coming at great expense. Learn about different technologies that can make your practice more efficient in time and cost.

Why You Should Attend: What faster way is there to improve your bottom line than being more efficient while increasing accuracy!

Chapter 13 Plan Provisions: What Are They Good For?
Date: July 11, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., O. Max Gardner III, Esq. & James Haller, Esq.
Register HERE

Avoid having unwanted provisions forced upon you and getting non-standard provisions that you want.

Why You Should Attend: Stuck with a plan provision unfavorable to your client? Learn how to contest those provisions and get more favorable language added to the plan.

SAVE THE DATES #NACBAPR

Bankruptcy News Briefs- 4/25

The consumer and bankruptcy headlines for today read…

These five charts show how bad the student loan debt situation is

U.S. Trustee Fees – one spreadsheet to rule them all…

How Do Student Loans Affect Your Credit Score?

The Age Four Out of Five Generations Agree Children Should Start Paying Their Own Student Loans

U.S. Supreme Court Hears Dispute Over Debt Collection Violations

Debt-to-Income Ratio for Student Loan Refinancing

Student loan debt forgiveness in 2020 race

Bankruptcy court approves resolution to help Reagor-Dykes customers

Timeshare Owners’ Coalition Issues Warning About Third-Party Exit Companies

“Text me $$$”: Debt collectors may soon be able to text and email consumers

Robocall Debt-Collection Exemption Struck Down (1)

Spring is Here and a Proposed Debt Collection Rule is Imminent

Supreme Court to Weigh Debt Collection Penalties Post-Bankruptcy

TCPA Debt Call Carveout Is Unconstitutional, 4th Circ. Says

Credit Unions May Have Willing Takers in Plea for Less Supervision

REGISTER FOR NACBA’S UPCOMING LIVE WEBINARS!

Emerging Bankruptcy Technologies to Assist your Bankruptcy Practice
Date: June 6, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rachel Foley Esq., Reed Almand, Esq. & James Haller Esq.
Register HERE

Busy bankruptcy attorneys are bombarded with technology choices – all promising great rewards but many coming at great expense. Learn about different technologies that can make your practice more efficient in time and cost.

Why You Should Attend: What faster way is there to improve your bottom line than being more efficient while increasing accuracy!

Chapter 13 Plan Provisions: What Are They Good For?
Date: July 11, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., O. Max Gardner III, Esq. & James Haller, Esq.
Register HERE

Avoid having unwanted provisions forced upon you and getting non-standard provisions that you want.

Why You Should Attend: Stuck with a plan provision unfavorable to your client? Learn how to contest those provisions and get more favorable language added to the plan.

WE LOOK FORWARD TO SEEING YOU IN CLEVELAND!

Don’t forget to register for NACBA’s 27th Annual Convention!

#NACBATheLand

Bankruptcy News Briefs- 1/25

It’s Friday! Close out your work week with these news briefs

Bankruptcy Court defines Surrender Citing Roberto Duran, George Custer and Napoleon

CFPB’s No. 3 to depart, join New York AG

One study, two vastly different visions for CFPB payday rules

CFPB Releases Assessment Reports Analyzing the Ability to Repay and RESPA Servicing Rules

Why does the bankruptcy code discriminate against disabled veterans?

Small Business Bill Aims To Streamline Bankruptcy Filings

5 House freshmen to watch on housing issues

DON’T MISS NACBA’S UPCOMING LIVE WEBINARS!

Real Life and Real Mods After HAMP
Date: February 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: O. Max Gardner III Esq., James Haller, Esq. & Bobby Riveria.
Register HERE

This webinar will cover:

  • The role of the following parties in the 2019 Mod World:
  • The GSE (Fannie, Freddie and Ginnie)
  • The Private Label Deals
  • Trustee
  • Master Servicer
  • Primary Servicer
  • Default Servicer
  • Non-Performing Loans and Hedge Funds
  • Review of Real SPS Deal
  • Targets
  • Waterfalls
  • Forbearance
  • Forgiveness
  • Balloons
  • Junk Fees
  • Loan Term
  • APR

Why You Should Attend: You need to know what options your clients have to modify their mortgages under existing law.

Chapter 13 Attorney Fees
Date: March 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Edward Bolts Esq. & James Haller, Esq.
Register HERE

How to get paid prior to secured creditors and for work performed at the end of the case.

Why You Should Attend: You want to get paid for work done during the case in a timely manner and a fair amount.

ONLY 5 DAYS LEFT TO REGISTER FOR HILL DAY 2019!

Register now!

Bankruptcy News Briefs- 1/23

Take some time to read the following headlines

An Open Letter to the CFPB: Court Rulings on Validation Notice Hurt Consumers and Collectors

Changes On Deck For The CFPB’s Payday Lending Rule

CFPB Director Seeks Authority over Military Lending Act Compliance

Retirees Face New Challenge: Mounting Student Debt

Chairwoman Waters Outlines House Financial Services Committee’s Agenda: Priorities Include Financial Innovation

PG&E secures $5.5 billion in credit, braces for anticipated two-year bankruptcy

Student debt closing the door on millennial home ownership

REGISTER NACBA’S LIVE WEBINAR TOMORROW!

Our Prayer for the Blessed Resurrected Exemption: Invoking and Asserting Exemptions in Reopened Cases
Date: January 24, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Debrah DeMack Esq., Billy Brewer ESQ. & James Haller, Esq.
Register HERE

The panel will discuss the law, procedures and give advice on how best to represent a client who has an omitted asset and needs to reopen their case. The panel will discuss the possible challenges to claiming exemptions including excusable neglect and share their documents and experience fighting them.

Why You Should Attend: We all have (or will have) clients that call us after a bankruptcy is closed with an omitted asset. We all need to know what the state of the law is and how to best protect your client and the missing asset.

Bankruptcy News Briefs- 1/17

This Thursday’s news includes

Maxine Waters pledges to ‘undo the harm’ done to consumer protection agency

As loans and revenue shrink, Wells Fargo leans on cost cuts

Sixth Circuit: FDCPA Requirement to Cease Collection Pending Debt Validation Can Include Third-Party Activities

Transparency Gets Fresh Look in Bankruptcy Court

U.S. Supreme Court To Hear Key Income Tax Issue For $120 Billion Trust Industry

Sears survives bankruptcy auction and will keep 400 stores open

Student loan debt is keeping young people from buying homes, Fed study finds

Rep. Slotkin Calls on Secretary DeVos to Help Provide Student Loan Relief for Federal Workers

DON’T MISS NACBA’S UPCOMING LIVE WEBINARS!

Our Prayer for the Blessed Resurrected Exemption: Invoking and Asserting Exemptions in Reopened Cases
Date: January 24, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Debrah DeMack Esq., Billy Brewer ESQ. & James Haller, Esq.
Register HERE

The panel will discuss the law, procedures and give advice on how best to represent a client who has an omitted asset and needs to reopen their case. The panel will discuss the possible challenges to claiming exemptions including excusable neglect and share their documents and experience fighting them.

Why You Should Attend: We all have (or will have) clients that call us after a bankruptcy is closed with an omitted asset. We all need to know what the state of the law is and how to best protect your client and the missing asset.

Real Life and Real Mods After HAMP
Date: February 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: O. Max Gardner III Esq., James Haller, Esq. & Bobby Riveria.
Register COMING SOON

This webinar will cover:

  • The role of the following parties in the 2019 Mod World:
  • The GSE (Fannie, Freddie and Ginnie)
  • The Private Label Deals
  • Trustee
  • Master Servicer
  • Primary Servicer
  • Default Servicer
  • Non-Performing Loans and Hedge Funds
  • Review of Real SPS Deal
  • Targets
  • Waterfalls
  • Forbearance
  • Forgiveness
  • Balloons
  • Junk Fees
  • Loan Term
  • APR

Why You Should Attend: You need to know what options your clients have to modify their mortgages under existing law.

Bankruptcy News Briefs- 1/16

Here are new bankruptcy news briefs as we enter the 16th day of 2019

Effect of Government Shutdown on Consumer Bankruptcy Proceedings

The No. 1 way to avoid financial disaster, according to this New York bankruptcy judge

PG&E Bankruptcy Tests Who Will Pay for California Wildfires

This government shutdown ignores massive problems threatening America’s future

6 Money Moves to Make If You’re Worried About a Recession

Revamped Relief: The CFPB’s Proposed Rule to Improve its No-Action Letter Program and to Establish a Regulatory Sandbox

Here’s How Much Debt Collectors Earn In Every State

2nd Circuit rejects appeal by Buffalo, NY debt collection defendant

VA Suspends Debt Collections for Furloughed Feds

Supreme Court Hears Argument on Future of FDCPA Landscape

PG&E tells retirees not to worry about pensions even in bankruptcy

Student Loans Keeping You From Buying A Home? Think Again

Florida Board of Health suspends health care licenses over student loan defaults

DON’T MISS NACBA’S UPCOMING LIVE WEBINARS!

Our Prayer for the Blessed Resurrected Exemption: Invoking and Asserting Exemptions in Reopened Cases
Date: January 24, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Debrah DeMack Esq., Billy Brewer ESQ. & James Haller, Esq.
Register HERE

The panel will discuss the law, procedures and give advice on how best to represent a client who has an omitted asset and needs to reopen their case. The panel will discuss the possible challenges to claiming exemptions including excusable neglect and share their documents and experience fighting them.

Why You Should Attend: We all have (or will have) clients that call us after a bankruptcy is closed with an omitted asset. We all need to know what the state of the law is and how to best protect your client and the missing asset.

Real Life and Real Mods After HAMP
Date: February 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: O. Max Gardner III Esq., James Haller, Esq. & Bobby Riveria.
Register COMING SOON

This webinar will cover:

  • The role of the following parties in the 2019 Mod World:
  • The GSE (Fannie, Freddie and Ginnie)
  • The Private Label Deals
  • Trustee
  • Master Servicer
  • Primary Servicer
  • Default Servicer
  • Non-Performing Loans and Hedge Funds
  • Review of Real SPS Deal
  • Targets
  • Waterfalls
  • Forbearance
  • Forgiveness
  • Balloons
  • Junk Fees
  • Loan Term
  • APR

Why You Should Attend: You need to know what options your clients have to modify their mortgages under existing law.

REGISTER BY FEB. 1 FOR HILL DAY 2019 IN D.C.!

Hill Day will take place from February 25-27, 2019 in Washington, D.C.! Hotel information is now available.

Don’t delay and register today!

Bankruptcy News Briefs- 12/27

Let’s recover from the holiday with the following headlines…

You Guess: What’s the Debt Burden for Americans Entering Retirement?

What consumers should know when debt collectors call

How Student Loan Debt is Different From Other Types of Debt

Scary Bonds From Last Crisis Were the Best Place to Hide in 2018

Why The Latest Market Slump May Be A Head Fake

How To Keep Those Financial New Year’s Resolutions

Are we heading into another recession?

CFPB modifies HMDA data disclosure, issues 2019 guidance

CFPB Isn’t Using a Process to Evaluate Consumer Risk: GAO

Suffolk launches student-loan repayment program

Pre-paid college tuition plan gets a boost

Consumers face higher credit card balances in 2019

Millennial Investing: Top 15 Tips Heading Into 2019

Study: Many South Florida Millennials Can’t Afford To Buy A House

Dems aim to bring big-government programs to floor vote with 2019 House takeover

Consumer alleges CBE Group keeps calling to collect debt from unknown person

Consumer alleges Dynamic Recovery Solutions attempted to collect alleged debt beyond statute of limitations

Bankruptcy News Briefs- 12/12

And the “hump day” headlines read…

Fifth Circuit’s Affirmance of Denial of Attorney’s Fees to Successful FDCPA Plaintiff May Aid Collectors in Challenging Fee Requests

How Student Loan Debt Changes Your Life

More parents struggle to repay loans they borrowed for their children’s education 

Alleged student debt relief scam leads to arrest of CEO

Who Is Most Affected By Student Debt? Women.

Teacher grants converted to loans forcing teachers to pay up

MN attorney general sues ‘tax debt relief’ firm for violating consumer protections

New head of watchdog agency vows consumers will be top focus

Fla. Man Ordered To Pay Gov’t $23M Over Debt-Relief Scam

“Buy now, pay later”: Old-fashioned loan-sharking with a Silicon Valley smile?

Bankruptcy Judges Handle Much More Than Bankruptcy Matters

Madoff bankruptcy lawyer: ‘You can’t have a Ponzi without a bank. And the bank was JPMorgan.’

New CFPB director declines to weigh in on future of agency official criticized for racially tinged blog posts

Trump administration hid report revealing Wells Fargo charged high fees to students

BCFP enters into consent order with State Farm regarding alleged FCRA violations

Maxine Waters nominated to chair House Financial Services Committee

SAVE THE DATES! NACBA IS BRINGING HILL DAY BACK TO D.C.!

Bankruptcy News Briefs- 12/05

Today’s bankruptcy and consumer headlines are…

Encore Enters Settlement Agreement with 42 States and the District of Columbia

Debt Collector Can’t Head Off Class Cert. In Student Loan Suit

D.N.J.: If Relationship Between Collector and Creditor is Clear, Including Chain of Title Does not Make Creditor Identification Unclear

Stocks are plummeting, but a U.S. recession doesn’t look imminent

New York State Is Probing Abuses in Small-Business Lending

Bond Rally Eases Detroit’s Return to Muni Market

DON’T FORGET TO CHECK OUT NACBA’S ON DEMAND WEBINARS!

2018 Midterm Election Results Impact on Consumer Bankruptcy Attorneys
Date: ON DEMAND
Time: ON DEMAND
Cost: No Cost – Member Benefit Webinar
Presenters: John Colwell, Esq., Ike Shulman, Esq., Ed Boltz, Esq. & John Rao, Esq.

Register HERE

Join NACBA as we discuss how the recent 2018 midterm election results will impact consumer bankruptcy attorneys. This webinar is an opportunity for members to review the results, discuss House committees and new leadership, and learn how you can help NACBA move forward with bringing important issues to the attention of the 2019 Congressional agenda.

Improve Your Bottom Line with Fillable PDFs
Tips, Tricks & Little Known Tools in Using Acrobat Efficiently
Date: ON DEMAND
Time: ON DEMAND
Cost: No Cost – Member Benefit Webinar
Presenters: Rachel Foley, Esq. & John Colwell, Esq.

Register HERE

Fillable PDFs can dramatically improve your bottom line by decreasing the turnaround time to receive information from your client while improving the accuracy of that information. Fillable PDFs are fast and easy to use, reduce/eliminate costly errors, provide 100% legible text, increase workflow and productivity, and are easy to update and archive. Learn from our experts how to create fillable PDFs to improve your bankruptcy practice!

Circuit Case Law Update
Date: ON DEMAND
Time: ON DEMAND
Cost: Free for NACBA Members
Presenters: Jim Molleur, David Shaev, Trish Meyer, Koury Hicks, Behrooz Vida, Brian Flick, David Yen, Wendell Sherk, Stanley Zlotoff, Jill Michaux and Nathan Juster.

Register HERE

Join us for a discussion of the most interesting recent cases from each federal circuit led by the NACBA Circuit Leader for each circuit. Stay on top of the most interesting cases from across the country.