consumer bankruptcy

Bankruptcy News Briefs- 10/31

Ghosts and goblins and new headlines! Check out…

Student Debt Total Reaches $1.5 trillion, Nearly Doubles U.S. Housing Market

A growing debt burden on low- and middle-income Americans

Here’s how the Fed rate cut affects you

Consumer Financial Protection Bureau Announces Action Against Student Loan Debt Relief Operation

Murray Energy Beats Challenge to $200 Million Bankruptcy Loan

Judge Calls for Trial on McKinsey’s Bankruptcy Disclosures

CFPB Temporarily Halts $71 Million Student Loan Relief Scheme

Will Student Loan Debt Hold Up Your Retirement?

What happens to your student loan debt when you die? Sometimes, it stays with you

REGISTER FOR NACBA’S LIVE WEBINARS!

Defense of Section 523 Adversary Proceedings
Date: November 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Tara Salinas, Esq., William Brewer Esq. & James Haller, Esq.
Register HERE

The panel will primarily focus on Sections 523(a)(2), (4) and (6) and Section 1328(a)(4), awards of attorney 7s fees under Section 523(d); defending collateral estoppel effect of pre-bankruptcy default judgments; Rules 12(b)(6) motions to dismiss under Ashcroft v Iqbal.

Why You Should Attend: You need to know how to properly defend a dischargeability proceeding and get paid for your work.  Everyone has to defend against dischargeability complaints by creditors.  The information in this workshop will be invaluable to prepare your defense.

Robin Hood and His Merry Bankruptcy Attorneys: How to Recover Wage Garnishments as Preferential/Fraudulent Transfers for your clients and get paid for doing it.
Date: November 21, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: David Gunn, Esq. & James Haller, Esq.
Register HERE

The panel will discuss the law and practice of recovering wage garnishments as fraudulent transfers and the potential to request additional attorneys fees for a recovery.

Why You Should Attend: You want to make additional income in cases where your clients have been garnished. This session will discuss how and when to recover garnished funds and get paid.

Consumer Bankruptcy Watch: What’s Hot in Consumer Bankruptcy Law Today
Date: December 5, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The panel will cover the latest hot topic in consumer bankruptcy law, including any pending cases before the Supreme Court and important Court of Appeals cases to watch.

Why You Should Attend: Don’t be the last to know what issues are coming next to a court near you. Find out what to expect by learning about the trends and case law are working their through the courts.

Means Test Game Show: Is it income or an expense?
Date: December 19, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Jenny Doling, Esq., Marybeth Ausbrooks, Esq., Gene Melchionne Esq. & James Haller, Esq.
Register HERE

Join our holiday panel for a game show quiz focusing on allowable or required income and expenses. You can’t lose even if you get the answers wrong..

Why You Should Attend: Ask yourself these questions. Is a withdrawal from a 401k income that should push your client into a five year plan? Is a 401k contribution a permissible expense? Is child support that isn’t received income? Is child support that is not being paid an expense? Your client wants to claim $900.00 in pet expenses for 8 pets. Is that expense ridiculous? Can you justify it? Learn the answers to these questions and more. Come join us!

Bankruptcy News Briefs- 10/28

Start your Monday with the following…

Case Bites: Interesting Issues and Decisions from This Week’s Cases

Bankruptcy May Shield Homeowners From Forgiven Mortgage Debt Tax

The Massive Moral Hazard Problem Of Mass Student Loan Forgiveness

HBCU, black parents saddled with risky college student debt because of Parent PLUS Loan

Student debt isn’t just a millennial problem

Supreme Court Review Could Undercut CFPB Enforcement

U.S. Credit Card Users Owe Nearly $900 Billion. Should We Be Worried?

The True Cost of Payday Loans—And Some Borrowing Alternatives

Trustee Alleges Fraud in Farmers’ Bankruptcy

Facebook Robocall Case Gives Justices Shot to Define Autodialer

REGISTER FOR NACBA’S LIVE WEBINARS!

Defense of Section 523 Adversary Proceedings
Date: November 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Tara Salinas, Esq., William Brewer Esq. & James Haller, Esq.
Register HERE

The panel will primarily focus on Sections 523(a)(2), (4) and (6) and Section 1328(a)(4), awards of attorney 7s fees under Section 523(d); defending collateral estoppel effect of pre-bankruptcy default judgments; Rules 12(b)(6) motions to dismiss under Ashcroft v Iqbal.

Why You Should Attend: You need to know how to properly defend a dischargeability proceeding and get paid for your work.  Everyone has to defend against dischargeability complaints by creditors.  The information in this workshop will be invaluable to prepare your defense.

Robin Hood and His Merry Bankruptcy Attorneys: How to Recover Wage Garnishments as Preferential/Fraudulent Transfers for your clients and get paid for doing it.
Date: November 21, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: David Gunn, Esq. & James Haller, Esq.
Register HERE

The panel will discuss the law and practice of recovering wage garnishments as fraudulent transfers and the potential to request additional attorneys fees for a recovery.

Why You Should Attend: You want to make additional income in cases where your clients have been garnished. This session will discuss how and when to recover garnished funds and get paid.

Consumer Bankruptcy Watch: What’s Hot in Consumer Bankruptcy Law Today
Date: December 5, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The panel will cover the latest hot topic in consumer bankruptcy law, including any pending cases before the Supreme Court and important Court of Appeals cases to watch.

Why You Should Attend: Don’t be the last to know what issues are coming next to a court near you. Find out what to expect by learning about the trends and case law are working their through the courts.

Means Test Game Show: Is it income or an expense?
Date: December 19, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Jenny Doling, Esq., Marybeth Ausbrooks, Esq., Gene Melchionne Esq. & James Haller, Esq.
Register HERE

Join our holiday panel for a game show quiz focusing on allowable or required income and expenses. You can’t lose even if you get the answers wrong..

Why You Should Attend: Ask yourself these questions. Is a withdrawal from a 401k income that should push your client into a five year plan? Is a 401k contribution a permissible expense? Is child support that isn’t received income? Is child support that is not being paid an expense? Your client wants to claim $900.00 in pet expenses for 8 pets. Is that expense ridiculous? Can you justify it? Learn the answers to these questions and more. Come join us!

Bankruptcy News Briefs- 10/01

Happy October! Start this new month with the following…

CFPB Investigating Loan Program at College Chain

How This New Navient Memo Affects Your Student Loans

70% of college students graduate with debt. How did we get here?

Purdue Pharma Faces DOJ Heat for $38 Million Employee Bonus Plan

Zillow: Over half of renters blame student debt for delay in buying a home

Denied and Delayed: How Medical and Student Loan Debt are Limiting Americans’ Housing Aspirations

FTC settlement to return $5.4 mil to victims of student-loan debt relief scam

Student loan debt soars, totaling $1.6 trillion in 2019

REGISTER FOR NACBA’S LIVE WEBINARS!

Home Owner’s Association Fees and Bankruptcy
Date: October 10, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Lee Rowland, Esq., Christina Henry Esq. & James Haller, Esq.
Register HERE

The treatment of Homeowner’s Association Fees in bankruptcy is a complex question. Are they dischargeable in chapter 7 and chapter 13? Does Rule 3002.1 apply? Can underwater HOA liens be avoided? This webinar will answer these questions and more as we explore the treatment of HOA fees in bankruptcy.

Why You Should Attend: HOAs can be aggressive in attempting to collect their debt. You won’t want to miss this program which will discuss ways to reduce or eliminate HOA fees and liens through bankruptcy.

Top 20 Cases You Must Know for Your Bankruptcy Practice.
Date: October 17, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Nathan Juster, Esq. & James Haller, Esq.
Register HERE

From projected disposable income and attorneys’ fees to bankruptcy court jurisdiction, this session will cover fundamental cases that you need to know.

Why You Should Attend: You must know the major guideposts to give your clients accurate advice. Make sure you are following these important cases and using them to your client’s benefit.

 

Bankruptcy News Briefs- 9/27

NACBA Now is back from a brief break! Read the latest consumer news…

“Case Bites: Interesting Issues and Decisions from This Week’s Cases”

“7th Circuit Explains Bankruptcy Court Jurisdiction to Address Tax Claims”

Flacco-affiliated firm and Sinclair Broadcasting among investors in bankrupt Baltimore meal kit company

The week in bankruptcies: Venture group, construction firm file for protection

PG&E Bondholders Boost Proposed Investment in Bankrupt Utility to $29.2 Billion

Bankruptcy Court Stops Medicare from Recouping Monies Owed by Provider

Student Loan Defaults Are Down, That’s The Good News

Billionaire Robert Smith Pays Student Loans For Morehouse Parents

Surprise twist in CFPB Supreme Court drama: FHFA plaintiffs want starring role

CFPB Settlement Skimped On Restitution, Dem Senator Says

These Three Student Loan Scams Won’t Stop Plaguing Borrowers

Houston couple accuses medical group of unfair debt collection practices

REGISTER FOR NACBA’S LIVE WEBINARS!

Home Owner’s Association Fees and Bankruptcy
Date: October 10, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Lee Rowland, Esq., Christina Henry Esq. & James Haller, Esq.
Register HERE

The treatment of Homeowner’s Association Fees in bankruptcy is a complex question. Are they dischargeable in chapter 7 and chapter 13? Does Rule 3002.1 apply? Can underwater HOA liens be avoided? This webinar will answer these questions and more as we explore the treatment of HOA fees in bankruptcy.

Why You Should Attend: HOAs can be aggressive in attempting to collect their debt. You won’t want to miss this program which will discuss ways to reduce or eliminate HOA fees and liens through bankruptcy.

Top 20 Cases You Must Know for Your Bankruptcy Practice.
Date: October 17, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Nathan Juster, Esq. & James Haller, Esq.
Register HERE

From projected disposable income and attorneys’ fees to bankruptcy court jurisdiction, this session will cover fundamental cases that you need to know.

Why You Should Attend: You must know the major guideposts to give your clients accurate advice. Make sure you are following these important cases and using them to your client’s benefit.

Bankruptcy News Briefs- 9/06

Kick-off your weekend with these briefs…

CFPB Releases Fourth Report on the Consumer Credit Card Market

Did the Obama administration commit ‘the biggest accounting fraud in history’ with student loans? Experts weigh in

I paid off $81,000 of student loan debt, and quitting my 9-to-5 to take my side hustle full-time was a crucial step

Student Loans: The Financial and Emotional Toll on Families

Newest opinion may pave way for cannabis industry bankruptcy protection

Not All Creditors Are Created Equal: Critical Vendors and Bankruptcy

8th Circuit Affirms Dismissal of Lawsuit Attacking Approved Bankruptcy Sale

Three New Bankruptcy Amendments Become Law

REGISTER FOR NACBA’S LIVE WEBINARS!

Criminal Justice Debts and Civil Fines in Bankruptcy
Date: September 19, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Tara Twomey, Esq. & James Haller, Esq.
Register HERE

For criminal justice debtors and those with civil fines, bankruptcy can be a powerful tool. It may eliminate the obligation to repay these debts or provide an orderly mechanism for repaying certain debts that cannot be discharged. Bankruptcy can also open the door to relief, such as expungement, record sealing, or restoration of a driver’s license, that may otherwise be unavailable due to outstanding debt. This webinar will provide an overview of the application of bankruptcy law to criminal justice debt and civil fines.

Why You Should Attend: Not all criminal justice debt and civil fines are created equally. Learn about the different kinds of criminal justice debt and civil fines, including which are dischargeable in bankruptcy and which are not.

Home Owner’s Association Fees and Bankruptcy
Date: October 10, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Lee Rowland, Esq., Christina Henry Esq. & James Haller, Esq.
Register HERE

The treatment of Homeowner’s Association Fees in bankruptcy is a complex question. Are they dischargeable in chapter 7 and chapter 13? Does Rule 3002.1 apply? Can underwater HOA liens be avoided? This webinar will answer these questions and more as we explore the treatment of HOA fees in bankruptcy.

Why You Should Attend: HOAs can be aggressive in attempting to collect their debt. You won’t want to miss this program which will discuss ways to reduce or eliminate HOA fees and liens through bankruptcy.

Top 20 Cases You Must Know for Your Bankruptcy Practice.
Date: October 17, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Nathan Juster, Esq. & James Haller, Esq.
Register HERE

From projected disposable income and attorneys’ fees to bankruptcy court jurisdiction, this session will cover fundamental cases that you need to know.

Why You Should Attend: You must know the major guideposts to give your clients accurate advice. Make sure you are following these important cases and using them to your client’s benefit.

Bankruptcy News Briefs- 8/13

Take some time to read the following briefs…

In an Unpublished Opinion, the 11th Circuit Discusses Rarely Used 523(a)(19) Exception to Discharge and Types of Default Judgments That Can Cause Issue Preclusion

Survey of student loan borrowers shows payments average 20 percent of take-home pay

Barneys to Shut Down Most of Its Stores After Filing for Bankruptcy

Another Houston-based upstream energy co. files for Chapter 11 bankruptcy protection

Student loan debt affects everything from relationships to retirement planning

Want Student Loan Forgiveness? Avoid These 3 Scams

Elkhart payroll firm declares bankruptcy, accuses its founder of a ‘sophisticated scheme’

PG&E Says It Will File Reorganization Plan in Less Than a Month

Student loans? Your employer can help pay off those debts

The Impact of Student Debt on Housing

New York’s Banking Chief Takes Aim at Consumer Protection Fouls (Corrected)

Feds Botched FDCPA Time Limit Rule, Justices Told

7th Circuit’s Lavallee Decision: What Does it Mean for Text Messaging and the NPRM?

Former Collection Agency Executives Start Charity To Buy And Forgive Medical Debt

Bar code on debt collection letter violates federal law -3rd Circuit

Debt collection through sports betting winnings on hold

Sanchez Energy Files for Bankruptcy, Casualty of Commodity Price Volatility

US bankruptcy filings rose in July 2019 — what does that mean

Calif. High Court: Online Businesses Face Same Standard as Brick-and-Mortar Stores Under State Civil Rights Law

A troubling number of debt-laden ‘zombie consumers’ have been enabled by low interest rates, economists say

REGISTER FOR NACBA’S LIVE WEBINARS!

Crossing Paths: The Intersection of Reverse Mortgages and Bankruptcy
Date: August 15, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The senior population of the United States is expected to grow rapidly over the next twenty years. Rather than enjoying their golden years, increasingly older Americans are struggling with less income, greater debt and insufficient retirement savings. The average amount of debt held by seniors has soared over the last decade. Many now rely on credit cards to cover their basic living expenses. Rising mortgage debt has compromised the use of home equity as a retirement nest egg. There are few easy solutions. Two tools available to seniors to combat financial distress are reverse mortgages and bankruptcy. Reverse mortgages allow seniors to tap their home equity to pay off outstanding debts or supplement monthly income. Bankruptcy provides an opportunity to obtain a fresh start by discharging certain debts or adjusting one’s financial affairs. The two options—reverse mortgages and bankruptcy—are not mutually exclusive.

Why You Should Attend: Learn how to best help your older clients by understanding the intersection between reverse mortgages and bankruptcy and when they can work together to prevent foreclosure or put a senior on more solid financial footing.

Criminal Justice Debts and Civil Fines in Bankruptcy
Date: September 19, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Tara Twomey, Esq. & James Haller, Esq.
Register HERE

For criminal justice debtors and those with civil fines, bankruptcy can be a powerful tool. It may eliminate the obligation to repay these debts or provide an orderly mechanism for repaying certain debts that cannot be discharged. Bankruptcy can also open the door to relief, such as expungement, record sealing, or restoration of a driver’s license, that may otherwise be unavailable due to outstanding debt. This webinar will provide an overview of the application of bankruptcy law to criminal justice debt and civil fines.

Why You Should Attend: Not all criminal justice debt and civil fines are created equally. Learn about the different kinds of criminal justice debt and civil fines, including which are dischargeable in bankruptcy and which are not.

Home Owner’s Association Fees and Bankruptcy
Date: October 10, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Lee Rowland, Esq., Christina Henry Esq. & James Haller, Esq.
Register HERE

The treatment of Homeowner’s Association Fees in bankruptcy is a complex question. Are they dischargeable in chapter 7 and chapter 13? Does Rule 3002.1 apply? Can underwater HOA liens be avoided? This webinar will answer these questions and more as we explore the treatment of HOA fees in bankruptcy.

Why You Should Attend: HOAs can be aggressive in attempting to collect their debt. You won’t want to miss this program which will discuss ways to reduce or eliminate HOA fees and liens through bankruptcy.

Top 20 Cases You Must Know for Your Bankruptcy Practice.
Date: October 17, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Nathan Juster, Esq. & James Haller, Esq.
Register HERE

From projected disposable income and attorneys’ fees to bankruptcy court jurisdiction, this session will cover fundamental cases that you need to know.

Why You Should Attend: You must know the major guideposts to give your clients accurate advice. Make sure you are following these important cases and using them to your client’s benefit.

Bankruptcy News Briefs- 8/06

Check out new consumer and bankruptcy beliefs below…

Bankruptcy Court Discusses Novel Argument Contesting Cram Down of Totally Unsecured Mortgage

Parties File Another Status Report in Trade Group Lawsuit Challenging CFPB Payday Loan Rule

Kraninger Holding the Line on CFPB Investigative Demands

“Clearly and Prominently:” Consumer Debt Settlement Disclosures in Wake of CFPB v. Freedom Debt Relief

Should Your Student Loans Really Be Cancelled?

Millennials delay buying homes because of student debt

Meet the lawyer who had $38,000 in student debt forgiven — he’s one of just 5% of applicants who did it

More people filed for bankruptcy per capita in these 5 states in July — and there was a 5% increase nationwide

7th Cir. Says ‘Costs’ Includes Collector’s Percentage Fee, Disagrees With 8th and 11th Circuits

Disclosure About Less Favorable Future Terms in Collection Letter Does Not Violate FDCPA, Says Missouri Court

California Appellate Court OKs Prejudgment Interest After Charge-off

Hospital converts unused PTO into student loan benefit for workers

New bill on students pledging future income ‘an open license for discriminatory financing’

Rhode Island ‘Student Loan Bill of Rights’ Becomes Law

6 companies that have filed for bankruptcy but you can still shop or eat at

Bankruptcy filings in Buffalo-Rochester rise 9.8% in July

Coal Workers Waiting On Paychecks After Company Declares Bankruptcy

REGISTER FOR NACBA’S LIVE WEBINARS!

Bankruptcy “Law and Order” Edition: Fifth Amendment and Bankruptcy
Date: August 8, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Edward Boltz, Esq., Hal Nemeth, Esq. & James Haller, Esq.
Register HERE

To prevent malpractice, you need to know how to protect yourself and your client from potential criminal prosecution. This webinar will review the 5th amendment, its use in bankruptcy proceedings, and best practices.

Why You Should Attend: In the criminal bankruptcy system, people are instigated by separate two equally powerful groups: The UST, who investigates crime, and the U.S. attorneys, who prosecute the offenders. These are their stories. Learn how and when you and your client are protected by the 5th Amendment in bankruptcy proceedings.

Crossing Paths: The Intersection of Reverse Mortgages and Bankruptcy
Date: August 15, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The senior population of the United States is expected to grow rapidly over the next twenty years. Rather than enjoying their golden years, increasingly older Americans are struggling with less income, greater debt and insufficient retirement savings. The average amount of debt held by seniors has soared over the last decade. Many now rely on credit cards to cover their basic living expenses. Rising mortgage debt has compromised the use of home equity as a retirement nest egg. There are few easy solutions. Two tools available to seniors to combat financial distress are reverse mortgages and bankruptcy. Reverse mortgages allow seniors to tap their home equity to pay off outstanding debts or supplement monthly income. Bankruptcy provides an opportunity to obtain a fresh start by discharging certain debts or adjusting one’s financial affairs. The two options—reverse mortgages and bankruptcy—are not mutually exclusive.

Why You Should Attend: Learn how to best help your older clients by understanding the intersection between reverse mortgages and bankruptcy and when they can work together to prevent foreclosure or put a senior on more solid financial footing.

Criminal Justice Debts and Civil Fines in Bankruptcy
Date: September 19, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Tara Twomey, Esq. & James Haller, Esq.
Register HERE

For criminal justice debtors and those with civil fines, bankruptcy can be a powerful tool. It may eliminate the obligation to repay these debts or provide an orderly mechanism for repaying certain debts that cannot be discharged. Bankruptcy can also open the door to relief, such as expungement, record sealing, or restoration of a driver’s license, that may otherwise be unavailable due to outstanding debt. This webinar will provide an overview of the application of bankruptcy law to criminal justice debt and civil fines.

Why You Should Attend: Not all criminal justice debt and civil fines are created equally. Learn about the different kinds of criminal justice debt and civil fines, including which are dischargeable in bankruptcy and which are not.