consumer bankruptcy

Bankruptcy New Briefs 11/16

What’s Happening In the News? Check it Out…

Update: CFPB Director Richard Cordray Resigns

Statement of National Consumer Law Center Executive Director Rich Dubois Regarding Richard Cordray Stepping Down as Director of the Consumer Financial Protection Bureau

Survey Finds Most Healthcare Providers Plan to Dump Traditional Collections Methods by Q4 2018

California Court Dismisses Action for Lack of Jurisdiction Pursuant to Spokeo

There is no “Ride-Through” on Mobile Home Debt; Debtor must Redeem the Property or Reaffirm the Debt in order to Retain it

Nurses and RIP Continue Efforts to Forgive Medical Debt

5 Flaws That Kill Student Loan Collection Lawsuits

The Reasons More Older Americans Are Filing for Bankruptcy

Rising Consumer Debt: Cracks Are Starting To Appear

Wells CFO Not Losing Sleep Over Rising Consumer Debt

‘No money down’ bankruptcies prevalent among the poor, minorities

How much student loan debt people owe in each state exposes a pattern we should have seen coming

Registration is Open for the 2017 Virtual Bankruptcy Workshop!

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

Registration is Open for the 2018 NACBA Annual Convention! 

Join us in Denver, Colorado at the Sheraton in Downtown Denver a beautiful and convenient location that is the perfect backdrop for this much-anticipated event. We couldn’t be more excited for you to experience our stellar and informative sessions, listen to our expert keynote speakers that include, Dr. Wendy Osefo,  Susan Carnicero, Rashmi Airan, and Amy Vetter, attend 1 of 3 Pre-Convention Sessions, along with the opportunity to network with your peers and colleagues, visit the expansive exhibit,  earn CLE, plus so much more!

We can’t wait to see you! Don’t delay Register by February 23rd, 2018 to receive the Early Bird Rate! 

Visit https://www.nacba.org/nacbaden/ your go-to spot for everything #NACBADEN!

Save the Date

  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 
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Registration For The 2018 NACBA Convention in Denver Is Open!

Registration is Open for #NACBADEN!

Register Today for NACBA’s Annual Convention, April 19-22, 2018 in Denver, Colorado!

Join us in Denver, Colorado at the Sheraton in Downtown Denver a beautiful and convenient location that is the perfect backdrop for this much-anticipated event. We couldn’t be more excited for you to experience our stellar and informative sessions, listen to our expert keynote speakers that include, Dr. Wendy Osefo,  Susan Carnicero, Rashmi Airan, and Amy Vetter, attend 1 of 3 Pre-Convention Sessions, along with the opportunity to network with your peers and colleagues, visit the expansive exhibit,  earn CLE, plus so much more!

We can’t wait to see you! Don’t delay Register by February 23rd, 2018 to receive the Early Bird Rate! 

Visit https://www.nacba.org/nacbaden/ your go-to spot for everything #NACBADEN!

 

Bankruptcy News Briefs 11/13

Read the Headlines Kicking Off a New Week…

Illinois Court Finds Adding Collection Costs Pursuant to Underlying Contract Does Not Violate FDCPA

Freedom Debt Relief Responds to CFPB Complaint

Consumer Advocates Press Congress on Access to Justice

Behind the Lucrative Assembly Line of Student Debt Lawsuits

Creditor’s Removal of Pre-petition State Court Case to Bankruptcy Court Violated the Automatic Stay

Debtor’s Age Discrimination Claim was Not Judicially Estopped by Failure to Disclose it in Bankruptcy Case

Title Lender Offers Buyout Program Ahead of CFPB Rule

FTC Files Complaint Against Debt Collection Business for Alleged Violations of FTC Act, FDCPA

Online loans leave consumers deeper in debt, Fed research says

Minneapolis debt collector sued over notice to consumer

CFPB to Survey Consumers on Debt Collection Disclosures

Registration is Open for the 2017 Virtual Bankruptcy Workshop!

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

Who’s Excited for the 2018 NACBA Annual Convention?

 

  • 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! 

Bankr1uptcy News Briefs 11/9

Dive Into Thursday’s Headlines…

Bankruptcy Filings Spike in October

FTC Accuses Debt Collector of Deceitful Tactics

Denial of Discharge for Fraudulent Note

New CFPB Enforcement Chief To Be Appointed

N.J. judge knocks debt collection lawsuit but forgoes sanctions for plaintiffs’ lawyers

Inside Betsy DeVos’s efforts to shrink the Education Department

Americans Over Age 60 Fastest Growing Demographic for Student Loan Debt

Medicaid expansion saved 50,000 people from bankruptcy in 2 years

Supreme Court hears arguments in case questioning Bankruptcy Code interpretation

Registration is Open for the 2017 Virtual Bankruptcy Workshop!

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

Don’t Miss Today’s Webinar!

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?

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 11/8

Midweek Headlines…

U.S. consumer agency sues Freedom Debt Relief for misleading consumers

Who Is to Blame for Skyrocketing Consumer Credit Debt?

Oregon Requires Debt Buyers to be Licensed, Stronger Documentation

Wall Street Is Fighting a CFPB Deal Over Billions in Defaulted Student Loans

CFPB Issues Interim Final Rule Amending Time Requirement For Servicers To Send Subsequent Early Intervention Notices

Debtors Who Transferred Rental Property to their Daughter 4 Years Pre-petition Passed Marrama’s Good-Faith Test and Could Convert to Chapter 13

Registration is Open for the 2017 Virtual Bankruptcy Workshop!

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

Register for November’s Webinar!

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?

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 11/7

Tuesday’s Headlines in the Briefs…

Florida Court Finds Materiality Needed for Date of Delinquency Claims Under FDCPA

Ocwen To Show Cause Why It Shouldn’t Be Held in Contempt

Consumer Groups Oppose Credit Unions’ Attempts to Robocall, Text Message Customers Without Their Consent

Debtor and Creditor Could Not Agree to Except Debt from Discharge by using a Joint Stipulation

Family farmers get a break (Chapter 12 bankruptcy)

CFPB’s Arbitration Rule Came in with a Roar, Leaves with a Whisper

Why Credit Card Debt Is A Consumer Noose And Could Hurt The 4 ‘Too Big To Fail’ Money Center Banks

CFPB Consumer Advisory Board Addresses Debt Collection; Samet Changes the Conversation

FTC reaches settlement with Chicago operators of alleged fake debt collection scheme

Consumer Credit in U.S. Rises by Most Since November 2016

Registration is Open for the 2017 Virtual Bankruptcy Workshop!

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

Register for November’s Webinar!

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?

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! 

Register Today for NACBA’s 2017 Virtual Bankruptcy Workshop

NACBA’s panel of experts will examine the new and amended bankruptcy rules, national uniform plan and local plans.  While your district may be using its own local plan, many plans use language substantially similar to the national form plan.  Find out what issues may arise and how to litigate them.  Does your local plan meet the legal requirements of Bankruptcy Rule 3015.1?  What districts are using the national plan, national plan lite or original local plans? Join us to find out.

Some of the issues that will be discussed in this seminar include:

  • Under Amended Rule 2002(a)(9) is the Bankruptcy Clerk’s office going to assume the responsibility of notifying all creditors of the deadline to file an objection to confirmation
  • When is the earliest possible hearing date for confirmation under the new rules?
  • If no objections are filed can the Court confirm the plan without hearing?
  • Does the 7-day deadline to file an objection to confirmation apply to chapter 13 trustees as well?
  • Why was the lien protection for secured creditors added in amended Rule 3002(a)?
  • What effect will the change in deadline to file claims have on creditors and debtors?
  • Does amended Rule 3002(c)(6) mean that creditors effectively have carte blanche to file claims late?
  • What exactly do claims for residences have to include?  What can be left out and why?
  • When objecting to claims what official form has to be used?  Has the entity to be given notice changed?
  • Do the amended rules allow debtors to determine secured and priority amounts through the plan?  What if the district is using a local form plan?
  • Can debtors do a lien strip using the plan?  How?
  • When should new rule 5009(d) be used, at the beginning or end of case?  How do attorneys get paid for the work?
  • Has your local chapter 13 form plan qualified under the requirements of new Bankruptcy Rule 3015.1?  If not what can you do?
  • Which jurisdictions have opted to use a local plan?  Are those plans similar or completely different than the uniform plan?   What if your district hasn’t officially adopted a local plan but is working on it.  Which plan should you use?
  • What additional language can be used in the non-standard section of the plan?  Give us lots of examples.
  • How do attorney’s fees get paid under the uniform plan?  Is there suggested distribution language to use in plans to insure attorneys are paid?

Materials for the workshop include:

  • Copies of red-lined rules and the national uniform plan;
  • Copies of NACBA and NCBJ’s comments to proposed rules;
  • Recommended non-standard plan language add-ins including but not limited to 524(i) language, partial cram down of non-PMSI, lien strip off in chapter 20 cases, modification of the stay adjustments, attorneys fees and priority of payments under the plan.
  • Map/list of districts using uniform plan vs. local plans;
  • Copies of form motions and briefs to challenge local plans.

Here’s All The Information You Need to Get Registered Today!

Register HERE

  • You must be logged in to receive the member rate. See help video.

Dates: December 7-8, 2017
Time:12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
Rate: NACBA Member Fee: $199 Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.