consumer bankruptcy attorney

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- 12/19

Today’s news briefs are…

Trump Administration Weighs Plans to Reduce Student Debt

Supreme Court Ruling in Statute-of-Limitations Case has Wide-Ranging Implications

How Student Loans Impact Your Credit Score

How Student Loan Debt Is Affecting NYC Real Estate

How Students, Grads Use TikTok and YouTube to Pay for College

Chairwoman Waters Criticizes Kraninger for Political Appointee Candidate to Lead CFPB’s Enforcement Team

Massachusetts AG Pens Amicus Brief Supporting Objections to Equifax Settlement

Chief Justice John Roberts will play a starring role in Trump’s impeachment trial in the Senate

Policygenius: One in four Americans say credit card debt is their biggest financial regret of the decade

Owner of Zest Soap, V05 Shampoo Files for Chapter 11 Bankruptcy

Trade Groups File Brief in CFPB SCOTUS Case

CFPB Enters Consent Orders with Military Travel Lender and Servicer for Undisclosed or Overcharged Fees, False Rate Quotes, and Credit Reporting Violations

CFPB Releases Report Exploring Differences between Large and Small Mortgage Servicers

DON’T MISS NACBA’S LIVE WEBINAR!

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!

Registration for NACBA’s next BIG blockbuster is now open!

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- 10/29

Check out the following headlines…

Citrone’s Discovery Urges Frontier Bankruptcy to Preserve Value

Narrow Bankruptcy Reforms Make Big Changes for Small Business, Vets, Farmers

9 Charleston-area Subway restaurants close as part of franchisee’s bankruptcy filing

Bankruptcy Doesn’t Require Return of Repo’d Car: Third Circuit

Owners of Brooklyn Properties Who Settled for Tenant Harassment Files for Bankruptcy

Multiple Factors to Drive Increase in Family Farmer Bankruptcy Filings

Expect These Student Loan Changes In 2020

How Real Estate Can Replace Student Debt With A Promising Post-Grad Position

More employers offer workers help paying off student loans

Consumer Protection Law firm’s attempt to collect debts did not violate FDCPA

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- 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- 8/06

Check out new consumer and bankruptcy beliefs below…

Bankruptcy Court Discusses Novel Argument Contesting Cram Down of Totally Unsecured Mortgage

Parties File Another Status Report in Trade Group Lawsuit Challenging CFPB Payday Loan Rule

Kraninger Holding the Line on CFPB Investigative Demands

“Clearly and Prominently:” Consumer Debt Settlement Disclosures in Wake of CFPB v. Freedom Debt Relief

Should Your Student Loans Really Be Cancelled?

Millennials delay buying homes because of student debt

Meet the lawyer who had $38,000 in student debt forgiven — he’s one of just 5% of applicants who did it

More people filed for bankruptcy per capita in these 5 states in July — and there was a 5% increase nationwide

7th Cir. Says ‘Costs’ Includes Collector’s Percentage Fee, Disagrees With 8th and 11th Circuits

Disclosure About Less Favorable Future Terms in Collection Letter Does Not Violate FDCPA, Says Missouri Court

California Appellate Court OKs Prejudgment Interest After Charge-off

Hospital converts unused PTO into student loan benefit for workers

New bill on students pledging future income ‘an open license for discriminatory financing’

Rhode Island ‘Student Loan Bill of Rights’ Becomes Law

6 companies that have filed for bankruptcy but you can still shop or eat at

Bankruptcy filings in Buffalo-Rochester rise 9.8% in July

Coal Workers Waiting On Paychecks After Company Declares Bankruptcy

REGISTER FOR NACBA’S LIVE WEBINARS!

Bankruptcy “Law and Order” Edition: Fifth Amendment and Bankruptcy
Date: August 8, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Edward Boltz, Esq., Hal Nemeth, Esq. & James Haller, Esq.
Register HERE

To prevent malpractice, you need to know how to protect yourself and your client from potential criminal prosecution. This webinar will review the 5th amendment, its use in bankruptcy proceedings, and best practices.

Why You Should Attend: In the criminal bankruptcy system, people are instigated by separate two equally powerful groups: The UST, who investigates crime, and the U.S. attorneys, who prosecute the offenders. These are their stories. Learn how and when you and your client are protected by the 5th Amendment in bankruptcy proceedings.

Crossing Paths: The Intersection of Reverse Mortgages and Bankruptcy
Date: August 15, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The senior population of the United States is expected to grow rapidly over the next twenty years. Rather than enjoying their golden years, increasingly older Americans are struggling with less income, greater debt and insufficient retirement savings. The average amount of debt held by seniors has soared over the last decade. Many now rely on credit cards to cover their basic living expenses. Rising mortgage debt has compromised the use of home equity as a retirement nest egg. There are few easy solutions. Two tools available to seniors to combat financial distress are reverse mortgages and bankruptcy. Reverse mortgages allow seniors to tap their home equity to pay off outstanding debts or supplement monthly income. Bankruptcy provides an opportunity to obtain a fresh start by discharging certain debts or adjusting one’s financial affairs. The two options—reverse mortgages and bankruptcy—are not mutually exclusive.

Why You Should Attend: Learn how to best help your older clients by understanding the intersection between reverse mortgages and bankruptcy and when they can work together to prevent foreclosure or put a senior on more solid financial footing.

Criminal Justice Debts and Civil Fines in Bankruptcy
Date: September 19, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Tara Twomey, Esq. & James Haller, Esq.
Register HERE

For criminal justice debtors and those with civil fines, bankruptcy can be a powerful tool. It may eliminate the obligation to repay these debts or provide an orderly mechanism for repaying certain debts that cannot be discharged. Bankruptcy can also open the door to relief, such as expungement, record sealing, or restoration of a driver’s license, that may otherwise be unavailable due to outstanding debt. This webinar will provide an overview of the application of bankruptcy law to criminal justice debt and civil fines.

Why You Should Attend: Not all criminal justice debt and civil fines are created equally. Learn about the different kinds of criminal justice debt and civil fines, including which are dischargeable in bankruptcy and which are not.