Consumer Bankruptcy Attorneys

Bankruptcy News Briefs- 3/06

Today’s consumer an bankruptcy headlines are…

6th Circuit BAP Holds Creditors Have a Duty to Act to Stop Civil Contempt Proceedings

The Third Circuit Takes a More Expansive Approach to What Constitutes a Debt Collector under the FDCPA

State 529 Consortium Launches Education Assault On Student Debt

What’s behind the surge in personal loan debt?

Dems urge CFPB to reinstate military lending exams

VA loans skyrocket in popularity for first-time homebuyers

Congress Considering HANGUP Act One Last Time

Chapter 6 Begins in ED Default Collection Saga; First PCA Files Pre-Award Complaint

REGISTER FOR NACBA’S LIVE WEBINARS!

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.

3002.1 A Mortgage Odyssey Workshop
Date: Thursday, March 21 AND Friday March 22, 2019
Time: 3:00 PM EST to 6:00 PM EST – BOTH DAYS
Cost: $99 Member / $149 Non Member
Presenters: Marc Dann, Esq., John Rao, Esq., Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The Panel will discuss:

1) Introduction to 3002.1
a. Requirements for lenders
b. Forms that must be used
c. Information that must be disclosed
d. Changes to 3002.1 effective December 1, 2018

2) Use of 3002.1 in bankruptcy court to challenge fees and payment changes
a. Example cases and briefs
b. Results for clients and
c. Attorneys fees for debtor’s counsel

3) Use of 3002.1 along with other rules (e.g. Reg X) to bring suits against mortgage companies outside of bankruptcy court.
a. FDCPA
b. FCRA
c. TILA
d. RESPA

Why You Should Attend: You want to earn additional attorneys fees reviewing all of those mortgage payment changes. Join our panel to find out how.

Practice Pitfall Jeopardy: Practice Pitfalls and How to Avoid Them
Date: April 18, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Mary Beth Ausbrooks Esq., Jenny Doling Esq., Gene Melchionne & James Haller, Esq.
Register HERE

Don’t have a blooper reel for this year’s cases. This session will review common bloopers and how to avoid them in a game show format. Join our contestants who will be answering jeopardy type questions to win big prizes.

Why You Should Attend: Enjoy an actually fun way to learn how to deal with problem situations. Who will win the big candy bar?

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Bankruptcy News Briefs- 2/28

Take a look at the headlines below…

Millennials face $1 trillion in debt, but here’s how they can manage their loans

The Consumer Financial Protection Bureau’s Student-Loan Shakedown

CFPB Proposes Amendments to Payday Rule and Its Compliance Date

Young Americans Owe $1 Trillion Of Debt

“Now Due” Does Not Mean “Past Due” Under FDCPA

Consumer Financial Protection Bureau Announces System for Prepaid Issuers to Submit Account Agreements

Democrats and Republicans in Congress agree: The system that determines credit scores is ‘broken’

More Debt, Less Problems

CFPB Publishes its Fall 2018 Semi-Annual Report: Credit Invisibility, Mortgage Shopping, Consumer Complaints, and a Laundry List of Enforcement Actions

How Debt Makes the Market Volatile

Third Circuit’s Holding on Discovery Rule in Debt Collection Cases Heading to SCOTUS

REGISTER FOR NACBA’S UPCOMING LIVE WEBINARS!

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.

3002.1 A Mortgage Odyssey Workshop
Date: Thursday, March 21 AND Friday March 22, 2019
Time: 3:00 PM EST to 6:00 PM EST – BOTH DAYS
Cost: $99 Member / $149 Non Member
Presenters: Marc Dann, Esq., John Rao, Esq., Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The Panel will discuss:

1) Introduction to 3002.1
a. Requirements for lenders
b. Forms that must be used
c. Information that must be disclosed
d. Changes to 3002.1 effective December 1, 2018

2) Use of 3002.1 in bankruptcy court to challenge fees and payment changes
a. Example cases and briefs
b. Results for clients and
c. Attorneys fees for debtor’s counsel

3) Use of 3002.1 along with other rules (e.g. Reg X) to bring suits against mortgage companies outside of bankruptcy court.
a. FDCPA
b. FCRA
c. TILA
d. RESPA

Why You Should Attend: You want to earn additional attorneys fees reviewing all of those mortgage payment changes. Join our panel to find out how.

Practice Pitfall Jeopardy: Practice Pitfalls and How to Avoid Them
Date: April 18, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Mary Beth Ausbrooks Esq., Jenny Doling Esq., Gene Melchionne & James Haller, Esq.
Register HERE

Don’t have a blooper reel for this year’s cases. This session will review common bloopers and how to avoid them in a game show format. Join our contestants who will be answering jeopardy type questions to win big prizes.

Why You Should Attend: Enjoy an actually fun way to learn how to deal with problem situations. Who will win the big candy bar?

JOIN NACBA IN PUERTO RICO!

Bankruptcy News Briefs- 2/21

The weekend is so close. Until then, check out the following…

Bankruptcy Court Addresses Eligibility, Non-formal Notice of Bankruptcy and a Creditor’s Affirmative Duty to Correct Technical Violations of the Automatic Stay

Second Circuit Upholds Personal Liability of Individual Owner for Payday Debt Collection Companies’ FTCA and FDCPA Violations

Appropriations Bill Ending Shutdown Includes Provision on CFPB Funding Requests

Where the 2020 candidates stand on student debt and college affordability

States, consumer groups blast CFPB’s fintech protections

What the Credit CARD Act of 2009 Means for You

REGISTER FOR NACBA’S UPCOMING LIVE WEBINARS!

Circuit Case Law Update
Date: February 21, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: Free for NACBA Members  / $75 Non Member
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.

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.

3002.1 A Mortgage Odyssey Workshop
Date: Thursday, March 21 AND Friday March 22, 2019
Time: 3:00 PM EST to 6:00 PM EST – BOTH DAYS
Cost: $99 Member / $149 Non Member
Presenters: Marc Dann, Esq., John Rao, Esq., Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The Panel will discuss:

1) Introduction to 3002.1
a. Requirements for lenders
b. Forms that must be used
c. Information that must be disclosed
d. Changes to 3002.1 effective December 1, 2018

2) Use of 3002.1 in bankruptcy court to challenge fees and payment changes
a. Example cases and briefs
b. Results for clients and
c. Attorneys fees for debtor’s counsel

3) Use of 3002.1 along with other rules (e.g. Reg X) to bring suits against mortgage companies outside of bankruptcy court.
a. FDCPA
b. FCRA
c. TILA
d. RESPA

Why You Should Attend: You want to earn additional attorneys fees reviewing all of those mortgage payment changes. Join our panel to find out how.

Bankruptcy News Briefs- 2/14

This Valentine’s Day headlines read…

Federal Student Aid: Additional Actions Needed to Mitigate the Risk of Servicer Noncompliance with Requirements for Servicing Federally Held Student Loans

FTC Returns Full Refunds to Consumers Who Paid to Lower Their Credit Card Interest Rates

New Texas Debt Buyer Legislation Would Require More Notices, Addresses Legal Actions

What You May Not Know About The Practice of “Pay-for-Delete”

Sen. Perdue (R-GA) Introduces Bill to Change CFPB’s Funding Source for Third Time

Attorney General Becerra opposes CFPB proposal to exempt companies from oversight

Senator: Let’s Take Student Loan Payments From Your Paycheck

How Dropping Out of College Affects Your Student Loans

Sen. Warner introduces bill to address student debt crisis

An explosion in auto debt threatens consumer finances, advocacy group warns

Bankruptcy News Briefs- 1/31

It’s the final day of January 2019! Read the end of the month’s briefs below…

Fight back against tax identity theft

Virginia selects state’s 1st student loan debt advocate

Americans in these cities having hardest time repaying student loan debt

Beer company will shell out $1 million to help pay off student loan debts

Fall behind on your student loans? You could lose your license to work. Texas lawmakers want to change that.

What utility’s bankruptcy could mean for climate, victims

Former Employees In Debt After Company Bankruptcy Leaves Medical Bills Unpaid

Changes to Senior Leadership at CFPB Announced

Retailer enters US$11 million settlement with CFPB and New York Attorney General for store credit card practices

CFPB Announces $1 Settlement With Military Pension-Advance Broker

DON’T MISS NACBA’S UPCOMING LIVE WEBINAR!

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.

TOMORROW IS THE FINAL DAY TO REGISTER FOR NACBA’S HILL DAY 2019!

*DEADLINE TO REGISTER IS FEBRUARY 1, 2019*

Please note: Participants in NACBA’s Hill Day will receive a $100 discount off NACBA’s 27th Annual Convention registration taking place May 16-19, 2019 in Cleveland, OH.

Register now!

Bankruptcy News Briefs- 1/24

Today’s bankruptcy and consumer news includes

Bankruptcy Court Says Call First Before Seeking Attorney’s Fees

Yet Another 1692g “In Writing” Case Denied Dismissal in E.D. Pa.

Non-Judicial Foreclosure and the FDCPA: How the Supreme Court’s Looming Decision in Obduskey v. McCarthy & Holthus LLP Could Affect Law Firms and Collections Agencies Alike

New York Mandates New Consumer Protections for Relatives of Deceased Debtors

National Do Not Call Registry offline until shutdown resolved

This New Student Loan Employment Benefit Is Making Waves

Fed launches new article series; first issue focuses on student loans

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.

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.