Consumer Bankruptcy Attorneys

Stay Informed With NACBA’s Washington Update

 

 

ON THE HILL  Senate Education Committee Chairman Lamar Alexander (R-TN), called for the financial aid system to be reformed to increase effectiveness. The committee held its second hearing in Congress on Thursday on reauthorizing the Higher Education Act, which consists of two grant programs, five loan programs, and nine repayment plans.

On Monday, January 29th Congressman Keith Rothfus (R-PA) of the House Financial Services Committee introduced H.R. 1426, Federal Savings Association Charter Flexibility Act of 2017. The bill amend the Home Owners’ Loan Act to allow Federal savings associations to elect to operate as national banks, and for other purposes.

Also on January 29th Congresswoman Nydia Velázquez (D-NY) introduced H.R. 4792, Small Business Access to Capital After a Natural Disaster Act. This bill amends the Securities Exchange Act of 1934 to expand access to capital for small businesses affected by hurricanes or other natural disasters, and for other purposes.

IN THE AGENCIES The Court of Appeals for the District of Columbia ruled on January 31st that the structure of the Consumer Financial Protection Bureau (CFPB) is constitutional, in a landmark victory for the CFPB and a serious blow to President Trump’s efforts to undermine the agency. This affirmed Congress’s decision to create a consumer watchdog insulated from political and Wall Street influence. Consumer advocates called on President Trump to respect the decision by relinquishing political control of the agency and nominating a director who is independent, who will put consumer protection first and can be confirmed by the Senate.

As work continues to improve customer service and overall operations of the Office of Federal Student Aid (FSA), Secretary of Education Betsy DeVos announced the formation of a Strategy and Transformation unit to improve the delivery of financial aid to millions of students and their families. Secretary DeVos asked A. Wayne Johnson to lead the Office of Strategy and Transformation. James Manning will lead FSA as Acting Chief Operating Officer.

FROM THE INTEREST GROUPS The Institute for College Access & Success (TICAS) posted a series of blogs that explore how the House proposal to overhaul the Higher Education Act would impact student debt. This bill, the PROSPER Act, was passed out of the Committee on Education and the Workforce in December 2017. TICAS focuses on the PROSPER Act’s changes to accountability requirements for federal student aid in their recent post.

OTHER During the Super Bowl, expect TV commercials to discuss student debt. Advertisers seem to be more willing to interrupt America’s most popular sporting event to discuss a touchier subject: Student Debt. Since 2016, Social Finance or SoFi, the financial services company best known for student loan refinancing, has been advertising during the Super Bowl in a variety of forms. Last year, the company won a big bet when the Super Bowl went into overtime for the first time ever. SoFi was one of a handful of brands that made deals to run ads for a fraction of the typical Super Bowl price in the event of overtime. This year, the company will be advertising its refinancing product in six major markets during the Super Bowl.

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

Bankruptcy News Briefs 2/1

Kicking Off a New Month With New Headlines…

D.C. Circuit Court of Appeals Rules in PHH v. CFPB

From the Web: In-Depth Analysis of President Trump’s State of the Union Speech

Congress Holds Fintech Hearing; 77 Million in Collections Left Out of Discussion

Trump administration strips consumer watchdog office of enforcement powers in lending discrimination cases

Another Major Staff Appointment in ED’s Federal Student Aid Office

Court Affirms Consumer Watchdog’s Independence; Trump Must Appoint an Independent Director

Lawmakers Demand Answers From CFPB On Payday Rule

Experts, industry leaders and lawmakers dissect appeals court action over CFPB

New York AG Moves to Compel Debt Collector to Hand Over Documents

Ending the Cycle of Wrong Number Collection Calls

Stay Violation? Beware Of Escalating Attorneys’ Fees

Register for February’s Webinar!

Circuit Case Law Update
Date: Thursday, February 8, 2018
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 Minutes)
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

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

Hang Out at the Watercooler

Dive into Ruby Receptionist newsletter, the Watercooler to get tips that you can implement in your day to day business!

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!

 

Hang Out at The Watercooler for Great Tips You Can Implement in Your Firm!

 

Useful information gets spread around at the water cooler in the office, but fortunately, Ruby® Receptionist brings you tips, news and juicy tidbits that don’t require you to leave the comfort of your home in their newsletter, The WaterCooler!

This Edition of the Watercooler features handy articles such as:

  • How to (Milk)Shake Up Your Market Research: Find out how the McDonald’s milkshake surprized researchers—and how to apply what they learned.
  • Building a Culture of Service: In this article for Small Giants, Ruby Founder and CEO Jill Nelson reflects on company milestones and discusses strategies for creating a service-driven work culture.
  • Content Marketing 101: Blog posts, social media updates, videos, white papers, case studies, and even newsletters like this one are all “content,” and they’re great tools for connecting with customers.

You’ll also want to catch the webinars they host such as Work Smarter, Not Harder and How to Flex Your Customer Service Muscle! Take a moment to dig through the Watercooler and get great tips you can implement in your practice!

Did you know that as a member of NACBA  you can get Ruby’s legendary live service and a comprehensive suite of features for a fraction of the cost of an on-site hire—plus save 5% off monthly plans!  Learn more at www.callruby.com/nacba.

Bankruptcy News Briefs 1/23

Take a Moment to Dive Into Tuesday’s Headlines…

Social Security Income payable to Debtor’s Mother who lived with him Could Not Included in Debtor’s Disposable Income Calculation

Bank Could not Recover its Law Firm’s Fees and Expenses to Set Aside Post-Petition Foreclosure Sale under Fed. R. Bankr. Proc. 3002.1

Tears Over QE And U.S. Household Debt Problem

U.S. Senate, House End Partial Government Shutdown with Bipartisan Votes

ACA International Files Amicus Brief with Court of Appeals in Case Combatting TCPA Abuse Trend of ‘Unreasonable Revocation of Consent Methods’

Expensive loans in California can force you into bankruptcy!

CFPB Deputy Director Files Emergency Motion to Expedite Appeal

Student Loans In Crisis As Two In Five Likely To Default

New Mexico’s Study on Balance Medical Billing Echoes National Concerns

E.D.N.Y. Decides “Settlement May Have Tax Consequences” is an Acceptable 1099C Disclosure

On Second Thought…CFPB Continues to Back Off; Dismisses Case Against Payday Lenders

Don’t Let Payday Lenders Off the Hook

CFPB Expects to Further Delay Prepaid Account Rule’s Effective Date

Projections for student loan defaults are terrifying. It’s time to act.

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 1/5

Headlines Leading Into the Weekend…

Robocall Problem Even Worse than FTC Data Shows

Title-Pawned Vehicle Drops Out of Estate When Not Redeemed Post-Petition

Chris Lazarini Discusses Challenge to Dischargeability of Claim Against Broker in Bankruptcy

These banks held the most CFPB complaints in 2017

Two Courts Clear the Way for Bankruptcy Trustees to Avoid Tuition Payments Made by Parents on Behalf of Children as Fraudulent Transfers | Financial Services Perspectives

GOP senator calls for probe into ‘flawed’ vetting process for CFPB official

Claw Back of Parent PLUS Loan Proceeds to Pay College Tuition Hits a Roadblock

NerdWallet CEO: Americans need the CFPB now more than ever

Fourth Circuit Approves Partial Dirt for Debt Plan

The Consumer Credit Market: The CFPB’s 2017 CARD Act Report

Democrats Question GOP Rural Student Loan Reimbursement Bill

Bringing Common Sense to Collections

Angry about robocalls? It’s not just you: New Jersey led the nation in complaints

Dispute Evolution: A bona fide dispute regarding claim amount may disqualify creditor from maintaining an involuntary case.

Eleventh Circuit Affirms Award of Attorneys’ Fees Incurred by Individuals for Stay Violation in Damages Action and on Appeal

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!