Consumer Bankruptcy Journal

Bankruptcy News Briefs 10/26

Thursday’s Headlines…

Senate Votes to Repeal Americans’ Day in Court; Gives Wall Street a Huge Win

Language Preference Question in Uniform Mortgage Application Will Help Borrowers Gain Access to the Mortgage Market

Education Secretary Delays Student Loan Borrower Defense Rules

From the Web: Mortgages, Credit Cards Are Leading Forms of Debt for Consumers

Opinion: Senate vote overturning CFPB rule is a blow to consumer protections

Vanquish a phantom debt for good

Connecticut’s New Net Worth Requirement for Collectors

CFPB Highlights Supervisory Findings Related to Credit Cards

Stellar Recovery Secures Significant Fair Debt Collections Practices Act Victory

Trustees Triumph

Cities Seeking Debt Assistance From State Can’t File For Bankruptcy, Lawmakers Say

Bankruptcy filings for IED suspect show unpaid medical bills, crippling debt

Connecticut Senate Passes Budget With Rescue for Hartford

Register for NACBA’s Webinars!

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

How to Introduce an Appraiser’s Testimony and Appraisal as Evidence in Bankruptcy Court

Date: Thursday, November 9, 2017, 3:00 PM – 4:15 PM Eastern
Presented By: James J. Haller, Esq.
Cost:  $25 Member / $75 Non Member
Register: HERE

What’s New at NACBA?

NACBA Membership Promotion! 

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver! Registration opens November 13,2017!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 
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Bankruptcy News Briefs 10/24

Dive Into Tuesday’s Headlines…

New York Court Says No Disclosure Needed When No Interest Added to a Debt

Court Properly Declined to Compel Arbitration of Educational Loan Issue

CFPB Consumer Advisory Board to Discuss Final Rule for Small-Dollar Lending Market

A Boom in Credit Cards: Great News for Banks, Less So Consumers

Chapter 13 Funds Held by Trustee Had to be Returned to Debtor, Notwithstanding Child Support Enforcement’s Demand for the Funds

Operation Chokepoint – The Report of its Death May Be an Exaggeration

‘Secret Analysis’ Pushing CFPB’s Lawyer-Friendly Rule, U.S. Senators Told

District Court Finds that Bankruptcy Court Misapplied Law Regarding Tenancy by the Entireties, Remands Case for Factual Findings

RIP Makes Final Push to Buy and Forgive $100M in Medical Debt for 2017

Treasury reports CFPB arbitration rule would impose extraordinary costs

18 Million More Reasons Debt Collectors Need to be Engaged in the Illegal Robocall Solution

Navient Loses Appeal of Bankruptcy Court’s Denial of its Motion to Compel Arbitration of Student Loan Dischargeability Issue

Elizabeth Warren Calls for SEC Insider Probe of Navient Trades

Equifax hack may shake up US consumer data laws

Register for NACBA’s Webinars!

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

How to Introduce an Appraiser’s Testimony and Appraisal as Evidence in Bankruptcy Court

Date: Thursday, November 9, 2017, 3:00 PM – 4:15 PM Eastern
Presented By: James J. Haller, Esq.
Cost:  $25 Member / $75 Non Member
Register: HERE

What’s New at NACBA?

NACBA Membership Promotion! 

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver! Registration opens November 13,2017!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 

Bankruptcy News Briefs 10/16

Let’s Kick Off a New Week with New Headlines…

House Subcommittee Advances Bipartisan FCC Reauthorization Bill

1099-C Filing Plus Debtor’s Income Tax Payment Equals Debt Cancellation

“Excusable Neglect” is Not a Basis for Leave to File an Untimely Proof of Claim in a Chapter 13 case

Court Denied Servicer’s Request to Reopen Chapter 13 Case in order to Correct Scrivener’s Error in Response to Trustee’s Notice of Final Cure Payment Pursuant to F.R.B.P. 3002.1

From the Web: ‘Millennials Would Choose This Job Perk Even Over Health Insurance’

CFPB Takes Action Against “Document Preparation” Company as Debt Industry Struggles to Deal With Influx of Mass Validation Requests

FTC and 11 States Announce Actions Against Student Loan Debt Relief Scams

5 charts that show older consumers’ biggest financial gripes

Monday Morning Cup of Coffee: Is the way the CFPB handles enforcement about to change?

A sign some consumers are struggling: Credit card delinquencies rose in September

New Federal Data Show a Student Loan Crisis for African American Borrowers

Florida may have outlawed the secondary sale of policies if at any time during the five year period post issuance there was a loan secured by the policy

 

Register for October’s Webinar!

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

NACBA Membership Promotion! 

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver! Registration opens November 13,2017!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 

Stay Informed! Read NACBA’s Washington Update

Check out the latest update from Washington, designed to keep NACBA members informed about significant and relevant activity on the part of Congress, regulatory agencies and interest groups/think tanks.

On The Hill Senators Elizabeth Warren (D-MA) and Al Franken (D-MN) sat down to discuss CFPB’s arbitration rule in a Facebook video published on Senator Warren’s page. View the video to hear the advice they provide on what viewers can do to stop Congress from “selling out to the big banks”.

In The Agencies The Consumer Financial Protection Bureau (CFPB) has filed an amicus brief in support of the Department of Education’s (ED) appeal asking the U.S. Court of Appeals for the Federal Circuit to vacate a preliminary injunction entered by the Court of Federal Claims that bars the ED from assigning defaulted student loans to certain small business private collection agency contractors and other contractors.  The injunction was issued in a lawsuit filed by companies challenging ED decisions not to award or continue contracts with such companies to collect student loans. The CFPB argues that by preventing the ED from assigning debt collectors to defaulted loans, the preliminary injunction impedes or prevents borrowers from managing their federal student loan debt.

More on CFPB. On August 25, 2017 CFPB issued the 2017 HMDA Final Rule that amends Regulation C to implement amendments to the Home Mortgage Disclosure Act made by section 1094 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). CFPB added several new reporting requirements, clarified existing requirements and modified institutional and transactional coverage of Regulation C. The final rule also provides extensive guidance regarding compliance with both the existing and new requirements.

The Trump administration has selected Julian Schmoke Jr. to serve as the Department of Education’s new chief enforcement officer. Schmoke is a former for-profit college official who previously directed campus operations at West Georgia Technical College and served as a dean at DeVry University. He will lead the Department’s unit that polices fraud in higher education. Specifically, Schmoke will lead the Student Aid Enforcement Unit established by the Obama administration to more aggressively combat fraud and deceptive practices at colleges and universities. Sens. Sherrod Brown (D-OH), Patty Murray (D-WA), Dick Durbin (D-Il) and Elizabeth Warren (D-MA) wrote a letter to Secretary DeVos urging that the person selected must “have relevant experience in consumer protection or litigation, managing attorneys, and conducting investigations with the highest ethical standards.” The unit Schmoke will oversee is also responsible for processing debt relief claims filed by federal student loan borrowers who say they’ve been defrauded by their college.

OTHER It is being reported that in the wake of Hurricane Harvey, about 80% of homeowners in the areas devastated by the hurricane lack flood insurance. This leaves many who escaped the storm with little financial help to rebuild their homes and lives. The Washington Post reports that only 17 percent of homeowners in the eight counties most directly affected by Harvey have flood insurance policies that cover up to $250,000 in rebuilding costs and $100,000 to replace personal belongings such as TVs and furniture. Losing a home without insurance compensation is financially devastating. A total loss could delay retirement or force people into bankruptcy.

Wells Fargo is now revealing it has found a total of up to 3.5 million potentially fake bank and credit card accounts, up from its earlier tally of approximately 2.1 million. The additional fake accounts were discovered by a previously-announced analysis that went back to January 2009 and that reviewed the original May 2011 to mid-2015 period. Moreover, Wells Fargo also revealed that thousands of customers were enrolled in online bill pay without their authorization. The review found 528,000 potentially unauthorized online bill pay enrollments.

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

Bankruptcy News Briefs 8/29

Check Out Today’s Headlines…

From the Web: CFPB Expected to ‘Scale Back’ Rule on Small-Dollar Lending

Another U.S. District Court Rules Human Call Initiator is Not an ATDS

Court Dismisses CFPB Lawsuit Due to Willful Failure to Participate in Discovery and Obey Court Orders

Advocates File Amicus Brief To Defend Consumers Against Capital One Overdraft Fee Practice

CFPB Releases Misleading Report On Social Security Deferral Strategies

A Law Firm ‘Cleverly’ Used Ellipses to Fight a CFPB Investigation. But It Still Lost.

Debt Collector Not Liable Under The TCPA For Post-Revocation Calls Made On Behalf Of A Different Creditor

Debt collector accused of violating phone privacy law

Ohio Number One For Student Loan Debt

If anti-consumer bank law is passed, more Wells Fargo-like scandals are coming

Consumer Credit: Privilege Or Entitlement?

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners will be selected at random each month.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

Andrew Carroll gives an insight into a rather complicated matter in his article,” The Preemption of State Court Claims Based on Frivolous Bankruptcy Actions: When the Overwhelming Weight of the Authority Isn’t Enough,” in today’s Consumer Bankruptcy Journal highlight.

Exciting Upcoming Events!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 8/28

Fresh Headlines for a New Week…

Clark v. Rameker Does Not Limit State IRA Exemption

Consumer Litigation Cases Decline Under FCRA, FDCPA, and TCPA

From the Web: Survey Shows Most Consumers Lag in Checking Credit Report

Circuit Court: Disallowed Portion of State’s DSO Claim Not Subject to the Discharge Injunction

Chapter 13 Debtor May Confirmed Plan to Surrender Collateral and Reclassify Claim as Unsecured

CFPB Could Scale Back Payday Lending Rule To Get It Done

Wells Fargo wants court to toss overdraft lawsuits and let it use arbitration

CFPB Issues Temporary Amendment to HMDA Rule Reporting Threshold

Trustee’s Motion to Dismiss Chapter 7 Case for Bad Faith was Untimely and Moot when filed 4 Months After Debtor Received Discharge

CFPB’s New Regulatory Inquiry Process: Ask And Ye Shall Receive?

Eleventh Circuit Recognizes Partial Consent Revocation under the TCPA

CFPB releases state-level data on student debt impact on older borrowers

Quality Over Quantity

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners will be selected at random each month.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

Take an in-depth look at, “The Bankruptcy Crisis in Chicago,” with authors, Steven Fox and J. Scott Bovits in today’s Consumer Bankruptcy Journal highlight.

Exciting Upcoming Events!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

 

Bankruptcy News Briefs 8/25

Let’s Wrap Up the Week…

New Law Outlines Requirements for Debt Buyers in Oregon

OCC Rejects ‘Tactics and Goals’ of Operation Choke Point

CFPB Director’s Op-Ed ‘Disregards’ Facts on Effects of Arbitration Rule

‘White Lies’ Can’t Prevent Debtor’s Bankruptcy Discharge

Group sues Lowell court over debt collection practices

CFPB Calls for Court to Stop Order Against DOE’s Collection on Defaulted Loans

Damages for Copyright Violation Can’t Be Wiped Out in Bankruptcy

DC Cir. Confirms Mediation Not Required Prior to Judicial Foreclosure

Long Arms of the CFPB Don’t Exclude Healthcare Providers

CFPB Sides with ED in RFP Litigation and the Court’s Preliminary Injunction Prohibiting New Placements

American Express Settles With CFPB on Discriminatory Card Terms

Regulators, consumers target student debt servicer Navient

Ferguson VS Navient

Read the Transcript for Ferguson vs Navient. This is a new area of law dealing with those types of student loans that are not automatically excepted from discharge. It shows that debtors who went through bankruptcy years ago with dischargeable student loans and have been hounded into repaying these discharged loans have a remedy for relief and punitive sanctions.  Submitted by Austin Smith.

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners will be selected at random each month.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

We have a special President’s Report in this quarter’s Consumer Bankruptcy Journal. NACBA’s President Jim Haller had the pleasure of honoring several distinguished members of NACBA at the 25th Annual Convention. Each year we honor members and key allies for their extraordinary service. Take a moment to review the President’s Report and the awards that were given to our incredible recipients!

Exciting Upcoming Events!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!