consumer bankruptcy

Bankruptcy News Briefs- 12/19

Today’s news briefs are…

Trump Administration Weighs Plans to Reduce Student Debt

Supreme Court Ruling in Statute-of-Limitations Case has Wide-Ranging Implications

How Student Loans Impact Your Credit Score

How Student Loan Debt Is Affecting NYC Real Estate

How Students, Grads Use TikTok and YouTube to Pay for College

Chairwoman Waters Criticizes Kraninger for Political Appointee Candidate to Lead CFPB’s Enforcement Team

Massachusetts AG Pens Amicus Brief Supporting Objections to Equifax Settlement

Chief Justice John Roberts will play a starring role in Trump’s impeachment trial in the Senate

Policygenius: One in four Americans say credit card debt is their biggest financial regret of the decade

Owner of Zest Soap, V05 Shampoo Files for Chapter 11 Bankruptcy

Trade Groups File Brief in CFPB SCOTUS Case

CFPB Enters Consent Orders with Military Travel Lender and Servicer for Undisclosed or Overcharged Fees, False Rate Quotes, and Credit Reporting Violations

CFPB Releases Report Exploring Differences between Large and Small Mortgage Servicers

DON’T MISS NACBA’S LIVE WEBINAR!

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!

Registration for NACBA’s next BIG blockbuster is now open!

Bankruptcy News Briefs- 12/16

The latest consumer and bankruptcy headlines read…

The Unexpected Dangers Of Paying Off Student Loans With Your 401(k) Savings

United States: Fifth Circuit Issues New Opinion In Ultra Petroleum, Withdrawing Guidance On Make-Whole Claims

Second Circuit Upholds Ruling that Loft Tenants Have Property Rights in Bankruptcy Proceedings

Importance Of College Drops Nearly 50% Among Young Adults In Just Six Years

Celadon Trucking Bankruptcy Leaves Some 3,000 Drivers Jobless, Stranded: Reports

New Kind of Student Loan Gains Major Support. Is There a Downside?

Fly Jamaica files for bankruptcy protection

More than 40,000 people have applied for public service loan forgiveness — 206 were approved

Defaulting on some student loans gets more costly

Steven Mnuchin confirmed as Treasury secretary

California governor rejects PG&E’s $13.5 billion plan to get out of bankruptcy

Fast-rising personal debt driving Lending Club’s success

Fintech Lenders Tighten Standards as They Become More Like Banks

Credit bureau Experian fined $3 million over misleading credit scores

United States: Supreme Court Justices Say No To Applying The “Discovery” Rule On FDCPA Claims

REGISTER FOR NACBA’S LIVE WEBINARS!

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- 10/31

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.