Consumer Bankruptcy Journal

Bankruptcy News Briefs 8/21

Headlines Kicking Off a New Week…

Court Rejects “Certainty of Hopelessness” and Limits Repayment Period

U.S. Department of Justice Responds to Lawmakers’ Call to End Operation Choke Point

CFPB report details who gets hit by overdraft fees

Forecast: Abundance of Potential New Rulemaking From the CFPB

Consumer Debt Reaches New Peak: Will Losses Follow?

Proposed Bankruptcy Rule Changes Ready for Public Comment

US DEPARTMENT OF EDUCATION STRIPS PROTECTION FOR STUDENTS AT FOR-PROFIT COLLEGES

This Week In Credit Card News: Card Debt Is Rising; Buffet Investing More In Credit Card Industry

How the CFPB’s arbitration rule hurts consumers and helps lawyers

Student Debt Up, Homeownership Down

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.

Register for This Month’s NACBA Webinar!

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE

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!

The weekend is a perfect time to read the comprehensive compilation of, “Cases in Review,” brought to you by the National Consumer Bankruptcy Rights Center and Consumer Bankruptcy Abstract and Research 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 8/18

Headlines Leading Into the Weekend…

Report: Loan Originations Decline Across Credit Products

Corinthian Colleges Students Set to Get $183 Million Break on Bad Loans

Court Must Consider Totality of the Circumstances when Determining if Debtor Intended to Evade or Defeat Taxes

U.S. Supreme Court Dismisses Writ in Recharacterization of Debt Proceeding

What to Expect If the GOP Takes Control of the CFPB

The Imaginary Debt Crisis Is Here to Stay

Five state regulators enter into settlement agreement with debt collectors for alleged federal and state law violations

Democratic Staff From The House Financial Services Committee Defend The CFPB

From the Top In Brief – July/August 2017

BAR ASSOCIATION TASK FORCE TO RETHINK LEGAL EDUCATION

The Latest Predatory Banking Practice You Haven’t Heard About: Auto Loans

Student loan debt crushing older Americans too

Register for This Month’s NACBA Webinar!

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE

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!

The weekend is a perfect time to read the comprehensive compilation of, “Cases in Review,” brought to you by the National Consumer Bankruptcy Rights Center and Consumer Bankruptcy Abstract and Research 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 8/17

Headlines Making News…

Consumer Spending Levels Out in June

Section 553 of the Bankruptcy Code Preserves Rather Than Creates Setoff Rights

Total Household Debt Reaches a Record High

Senator Calls on Bank CEOs to Go on Record

Scam Claiming that Consumers Can Access Unpaid Social Security to Pay Debts Could Prove Costly

Abandonment of Acceleration

Bank’s Claim Allowed to Extent of State Court Foreclosure Judgment as Well as Post-Judgment Charges Reassessable Under State Law

Average student debt doubles in a decade

NAFCU asks Consumer Financial Protection Bureau to rescind prepaid account rule

Couple alleges debt collector violated phone privacy laws

Register for This Month’s NACBA Webinar!

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE

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!

If you are interested in digital advertising for your firm, you’ll want to read Robert Hoglund’s article, “Digital Advertising Part II, Nine Things Your Salesperson May Not Want You To Know,” in today’s Consumer Bankruptcy Journal Highlight to avoid the common pitfalls so that you can take advantage of the benefits of digital advertising.

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 8/16

Midweek News…

Oregon’s District Court: Collection Agencies’ Omissions Don’t Automatically Equal Malevolence

Student Debt Collector Was ‘Abusive’: MN Commerce Dept.

BANKING Bucking The Recent Trend, Discover’s Charge-Offs Fell Last Month

Federal Judge Rules Bankrupt Woman Will Not Have Student Loans Discharged

One major way U.S. credit card debt is getting worse

NACBA Webinars!

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE

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!

Not only does NACBA have an empowering webinar that will help you to unlock the power of social media, but Stephen Fairley from the Rainmaker Institute has also dropped more knowledge in his article, “What’s Your Excuse For Not Having a Law Firm Marketing Plan,” in the Consumer Bankruptcy Journal. Read why a marketing plan is essential to the growth of your firm and not just a side note.

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 8/14

Kicking Off the Week With New Headlines…

Lawmakers Demand Plan for Action to End Operation Choke Point

Number of workers raiding retirement funds rises

Appeals Court Creates TCPA Compliance Rule: Honor the “Call Me Sometimes” Request

Wells Fargo Scandal Helps Consumer Advocates in CFPB Rule Fight

City Could Not Avoid Liability for Stay Violation by Invoking Sovereign Immunity Defense Based on State Law

Minnesota, Other States Reach Settlement Over Improper Debt Collection Practices

Debtor Stated Plausible Claims for Stay and Discharge Violations, Beating Servicers’ Motion to Dismiss, Where Servicers’ Notices Claimed “Action Required” and that “Delinquency” Existed

Court Awarded No Damages to Debtor for Willful Stay Violation Since Debtor Failed to Mitigate Damages

How More Americans Are Getting a Perfect Credit Score

You Owe IRS Taxes: What Do You Do? (Part 1)

Unfiled Tax Returns: What Do You Do? (Part 2)

Consumer debt is at a record high. Haven’t we learned?

NACBA Webinars!

 

 

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE

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!

 

 

 

 

 

 

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the requirements and start referring today!

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 8/11

Friday’s Headlines…

US Sen. Elizabeth Warren asks CEOs to weigh in on CFPB’s forced arbitration rule

Debt collection giant reaches settlement with Idaho and other states over its practices

Debtor Who Acquired Ownership Interest in Home within 1,215 Days of Petition Date is Subject to Homestead Exemption Cap under §522(p)

Growing student debt a danger to Georgia economy

In Debt, We Trust for U.S. Consumers With $12.7 Trillion Burden

Upcoming Amendments to Bankruptcy Rule 3002 to Impact Bankruptcy Filing Practices for Mortgagees

Don’t Pick Up the Phone: Third Circuit Allows TCPA Standing from One Call

Costs trigger 8% drop in July bankruptcy filings

Consumer May Have Partially Revoked Consent to Receive Robocalls

Section 553 Of The Bankruptcy Code Preserves Rather Than Creates Setoff Rights

NACBA Webinars!

 

 

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE

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!

 

 

 

 

 

 

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the requirements and start referring today!

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 8/10

Check out Today’s Headlines in the Briefs…

Texas Tax Purchaser’s Rights Cannot Be Modified

Bankruptcy Court Reopens 1995 Case in order to Decide Pre-1998 Student Loan Discharge Case Under 7-Year Repayment Rule

Rejecting the “Everyone Does It” Defense, U.S. Circuit Court Affirms Disbarrment of Bankruptcy Attorney who Submitted False Debtor Signatures and Omitted Assets from Schedules

Fresno consumer alleges debt collector violated FDCPA

Debt collector accuses of violation phone privacy statute

U.S. to Help Remove Debt Burden for Students Defrauded by For-Profit Chain

Real Property & Title Insurance Update: Week Ending July 28 & August 4, 2017

America’s credit card holders are $1 trillion in debt

NACBA Webinar Lineup!

 

 

Check out these upcoming webinars for August and Register Today!

Reverse Mortgages & Bankruptcy 
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non Member
Register HERE

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE

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!

 

 

 

 

 

 

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the requirements and start referring today!

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 8/9

Midweek Headlines…

Credit Card Debt Reaches Record While Consumer Borrowing Pace Slows

Trump’s Plan to Implode ObamaCare Will Leave (Even More) Unpaid Medical Bills

Since Bank Canceled Debt by Issuing a 1099-C, it No Longer Had Mortgage on Debtors’ Home Under State Law

FDCPA Bona Fide Error Defense Did Not Protect Debt Collector Despite Following Controlling Precedent, En Banc Seventh Circuit Rules

Sixth Circuit: Firm’s Post-Foreclosure Conduct Does Not Violate FDCPA

Amazon Prime, eBay Passwords Sought from Bankruptcy Debtors

Chris Christie Signs Law Limiting How Much New Jersey Students Can Borrow

CFPB pushes Zillow to settle on RESPA violations

Siding with CFPB

NACBA Webinar Lineup!

 

 

Check out these upcoming webinars for August and Register Today!

Reverse Mortgages & Bankruptcy 
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non Member
Register HERE

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE

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!

 

 

 

 

 

 

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the requirements and start referring today!

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 8/8

Check out Tuesday’s Headlines…

Navient Can’t Escape CFPB’s Student Loan Servicing Enforcement Action

Filing Costs Contribute to Decline in July Bankruptcies

Consumers’ total debt climbs to a fresh record

Student Loan Forgiveness For Public Servants Up In The Air

Consumer claims Credit Management attempts to collect debt discharged in bankruptcy

Funds Held by Chapter 13 Trustee in Dismissed Case Belong to Debtor, Not Creditors

Consumer borrowing slows in June from prior month’s torrid pace

How Wells Fargo’s Troubles Went From Bad to Worse

New NACBA Webinars

 

 

Check out these upcoming webinars for August and Register Today!

Reverse Mortgages & Bankruptcy
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non Member
Register HERE

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE

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!

 

 

 

 

 

 

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the requirements and start referring today!

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 8/7

Let’s Kick Off A  New Week…

Fed Consumer Financial Expectations Surveys Show Outlook on Credit Access

What Makes a Lien “Judicial”?

Latest CFPB Consumer Survey Proposal Receives Mixed Review; One Industry Separates Itself from Another

Overdraft Fees Cost US Consumers $15B In 2016

Government Should Not Deprive Seniors in Nursing Homes of Their Day in Court

CFPB Orders Bank to Pay $4.6 Million Penalty for Violating FCRA Requirements for Checking Account Screening Reports

Buffalo becomes ‘ground zero’ for abusive debt collectors

Huge Collection Fees Making It More Difficult For Cash-Strapped Students To Afford College

Debtor’s Furniture Rental Agreement Is Lease to Assume or Reject

Betsy DeVos Announces Plan To Revamp Student Loans By 2019

Student Loan Debt Is Not Hurting The Economy

Ex-Wife who Pursued Modification of Divorce Judgment Without First Getting Stay Relief Had to Pay Damages to Debtor

FDCPA Bona Fide Error Defense Did Not Protect Debt Collector Despite Following Controlling Precedent, En Banc Seventh Circuit Rules

New NACBA Webinars

 

 

Check out these upcoming webinars for August and Register Today!

Reverse Mortgages & Bankruptcy
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non Member
Register HERE

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE

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!

 

 

 

 

 

 

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the requirements and start referring today!

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!