consumer bankruptcy attorney

Bankruptcy News Briefs 1/17

Midweek Headlines Making News…

CFPB Announces Reconsideration of Rule for Small Dollar Lending Market

Committee Meets Today on Bill to Exempt Lawyers from FDCPA

FDCPA Caselaw Review for December 2017

Student loan debt close to reaching $1.5 trillion

Trump’s CFPB to Rewrite Rule That Cracked Down on Payday Lenders

Bankruptcy Rule Changes: What You Need to Know

Congress should vote down this harmful debt collection legislation

Supreme Court Decision Could Impact CFPB

CFPB leadership dispute rages on

How Congress is pulling the IRS off the rich — and siccing it on the poor

The IRS hired bill collectors to collect back taxes — and got ripped off

 Debt bill hurts consumers

Rep. Gonzalez’ bill would unfairly shield lawyers in debt collection cases

NACBA’s Webinar Lineup!

How to Raise and Support a Request to Increase the Chapter 13 Flat Fees in Your District.
Date: Thursday, January 25, 2018
Time: 3:00 PM Eastern / 12:00 PM PACIFIC (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Pam Stewart and Edward Boltz

Register HERE

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM PACIFIC (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner 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 1/16

Check Out Tuesday’s Headlines…

Report: Consumer Delinquencies Vary in Third Quarter

Court Approves $300 per Hour in Chapter 13 Case for Debtor’s Board Certified Attorneys

Debtor’s Treatment of Student Loan Outside Plan Not Confirmable

English Makes Next Move; Appeals CFPB Leadership Decision to D.C. Circuit

Individual Chapter 11 Plans Also Are Just About Written in Stone

After Consumer Financial Protection Bureau Freezes Data Collecting, Sen. Elizabeth Warren Demands Reversal

CU fights to keep lawsuit against Trump’s appointment to CFPB alive

Since Debtors could Claim Certain Exemptions under the State Law of their Domicile, they Could Not use Federal Exemptions

Debt-Collection Contracts Awarded to 2 Companies

Is There Such a Thing as a Debtor’s Prison?

Consumer Finance Lawyers Prep Wish Lists as CFPB Retools

America’s debt load is hitting record — and risky — territory

Study: Looming Student Loan Default Crisis Will Be Worse Than Projected

NACBA’s Webinar Lineup!

How to Raise and Support a Request to Increase the Chapter 13 Flat Fees in Your District.
Date: Thursday, January 25, 2018
Time: 3:00 PM Eastern / 12:00 PM PACIFIC (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Pam Stewart and Edward Boltz

Register HERE

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM PACIFIC (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner 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 1/12

End of the Week Headlines…

Department of ED Completes Corrective Action in Debt Collection Contract

Private IRS Collectors Waste Taxpayer Money While Squeezing Low-Income Families

Court dismisses defendants’ counterclaims against CFPB for fees and expenses

Judge Tosses Request For Injunction Against Acting CFPB Head

Student loan crisis could be worse than originally thought

Education Dept. awards debt collection contract to company with ties to DeVos

The IRS’ Private Debt Collection Program Once Again Looks Like A Failure

Prison for Bankruptcy Fraud Where Creditors Paid 100%

More seniors citizens have student loan debt

New Analysis of Student Loan Default Data

Goodbye Delaware and New York? Senate Bill Introduced That Could Significantly Impact Venue of Bankruptcy Cases

NACBA’s Webinar Lineup!

How to Raise and Support a Request to Increase the Chapter 13 Flat Fees in Your District.
Date: Thursday, January 25, 2018
Time: 3:00 PM Eastern / 12:00 PM PACIFIC (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Pam Stewart and Edward Boltz

Register HERE

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM PACIFIC (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner 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 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 1/3

Midweek Headlines…

ICYMI: U.S. District Court Hears Oral Arguments in CFPB Leadership Case

Circuit Court: Debtor Claiming Federal exemptions under § 522 of the Bankruptcy Code May Exempt a 100% Interest in an Asset in Certain Situations

 Even Though it Resulted in Windfall for Undeserving Defendant, Court Applied Judicial Estoppel Against Debtor who Failed to Amend Bankruptcy Schedules to Disclose the Existence of Litigation

CFPB Report: Consumer Credit Market Remains Largely Stable

$119,000 Sanctions for Discharge Injunction Violations

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

Mulvaney Updates CFPB Mission

CFPB Credit Card Market Report Addresses Collections and Recovery

U.S. appeals court revives proposed debt collection class action

Miami-Dade Clerk Wins Dismissal of Lawsuit Over 40 Percent Collection Fee

Average American’s Holiday Debt Goes Up 5 Percent

Nationwide consumer debt higher than ever before

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!

Read NACBA’s Last Washington Update of 2017!

 

Take a moment to read NACBA’s last Washington Update of 2017! Stay informed about significant and relevant activity on the part of Congress, regulatory agencies and interest groups/think tanks.

ON THE HILL  Earlier this month, Congressman Tom Garrett (R-VA) introduced H.R.4584, the Student Security Act. H.R. 4584 is described as a completely voluntary program, that would empower borrowers who opt in to receive $550 in student loan forgiveness (or roughly the average cost for 1 credit hour at a public university) in exchange for raising a participant’s full-retirement age for Social Security benefits by 1 month with a maximum amount of $40,150 in debt relief and a corresponding 6 years, 1 month raise in retirement.

Two House Democrats sent letters on December 18th to four of the largest student loan servicing companies, seeking information about their policies and procedures for collecting. Reps. Emanuel Cleaver (D-MO) and Pramila Jayapal of (D-WA) say they’re concerned about “the rising rate of student loan defaults and continuous claims of fraudulent practices in lending, servicing, and collecting” of student loans. The two lawmakers urged the companies to take steps to improve customer service and focus more attention on “high risk” borrowers. Read the letters they sent to the leaders of Navient, Nelnet, Great Lakes and FedLoan Servicing.

On Wednesday, December 13th House Republicans passed a partisan revision of the Higher Education Act that would restructure federal student loans and reduce accessibility to higher education by limiting financial aid options. The bill consolidates the six current federal student loans into three and removes the Graduate PLUS and Parent PLUS loan options. PLUS loans offer no limit and cover the entirety of the institution’s cost of attendance. Under the House’s revision, all federal loans would have maximums, with annual and lifetime loan caps.

IN THE AGENCIES The Education Department announced Wednesday, December 20th a reversal of the Obama administration policy of wiping out student debt. This means that students who were defrauded by the for-profit Corinthian Colleges may not get their loans forgiven entirely. Under President Barack Obama, tens of thousands of students deceived by the now-defunct schools had more than $550 million in federal student loans canceled in full. But Education Secretary Betsy DeVos announced Wednesday she is putting a new process in place that she says is more efficient and fair. The department will now look at average income for specific programs to determine if the loans should be forgiven fully or partially.

California Attorney General Xavier Becerra filed a lawsuit on December 14th against the U.S. Department of Education and its Secretary, Betsy DeVos, for refusing to process debt relief claims submitted by tens of thousands of students who took out federal student loans to attend Corinthian Colleges, Inc. (Corinthian). Students became eligible to apply for this relief after the courts found that Corinthian defrauded these students in violation of California consumer protection laws. More than 1 in 4 of those students with pending debt relief claims resided in California.

FROM THE INTEREST GROUPS Americans for Financial Reform (AFR) strongly condemns the Department of Education’s announcement that they have denied relief to 8,600 borrowers who applied for debt discharges through borrower defense to repayment. The Department has not specified—but must immediately supply—the reasons for those denials, and how many of them came from Corinthian or ITT, schools that closed under the weight of their own illegal and abusive acts. “The news of the Department’s scheme to grant only partial relief to scammed students is just one more piece of an abundance of evidence that the Trump Administration and the DeVos Department of Education care more for the proprietary institutions that break the law than they do for the students they defraud,” said Alexis Goldstein, Senior Policy Analyst at Americans for a Financial Reform. “For Secretary DeVos, it’s predatory companies first, students last.”

 

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

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!