consumer bankruptcy

Bankruptcy News Briefs- 4/16

Included in today’s headlines are…

The Biggest Reason You Should NEVER Use Your 401(k) to Pay Off Debt

Congress Must Stop the Seizing of EITC Tax Refunds to Pay for Defaulted Student Loans

Eleventh Circuit Issues Must-Read FCRA Decision

Bruckner et al. article on when the DOE should not contest the discharge of student loans

Americans fall short in financial literacy

Here’s What The 2020 Presidential Candidates Say About Your Student Loans

Mick Mulvaney’s Master Class in Destroying the Government From Within

CFPB Denies Duty To Enforce Military Lending Act

California Assemblywoman Explores Creation of State-Level CFPB in Press Conference with Cordray

CFPB Settles with Law Firms over Debt Relief Fee Allegations

OMB Guidance on CRA Compliance Imposes New Rule Review Requirements on Independent Agencies

Credit Reporting Debts in Bankruptcy: Deluge of Recent Lawsuits Reveals Risks for Financial Industry

Consumer not Entitled to Appellate Attorney Fees if Benefit is Solely for Attorney, According to 11th Circuit

Parent Loans for College Are Skyrocketing — and 62% of Families Are Borrowing More Than What the Government Says They Can Afford

Rethinking Federal Lending to Parents

District Court Rules “Informational Injury” Sufficient to Confer Article III Standing

DON’T MISS NACBA’S UPCOMING LIVE WEBINARS!

Practice Pitfall Jeopardy: Practice Pitfalls and How to Avoid Them
Date: April 18, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Mary Beth Ausbrooks Esq., Jenny Doling Esq., Gene Melchionne & James Haller, Esq.
Register HERE

Don’t have a blooper reel for this year’s cases. This session will review common bloopers and how to avoid them in a game show format. Join our contestants who will be answering jeopardy type questions to win big prizes.

Why You Should Attend: Enjoy an actually fun way to learn how to deal with problem situations. Who will win the big candy bar?

Emerging Bankruptcy Technologies to Assist your Bankruptcy Practice
Date: June 6, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rachel Foley Esq., Reed Almand, Esq. & James Haller Esq.
Register HERE

Busy bankruptcy attorneys are bombarded with technology choices – all promising great rewards but many coming at great expense. Learn about different technologies that can make your practice more efficient in time and cost.

Why You Should Attend: What faster way is there to improve your bottom line than being more efficient while increasing accuracy!

HAVE YOU REGISTERED YET TO JOIN US AT #NACBATheLand?

Check out the jam-packed schedule and register now!

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Bankruptcy News Briefs- 4/03

The month of April’s first news briefs are…

Bankruptcy Court Cites Achilles in Well-Heeled Analysis of Sovereign Immunity for the State Revenue Department

Supreme Court opens door (a bit) to argument that in rem foreclosures not covered by FDCPA

Taxpayers Could See IRS Improvements Under Bipartisan Bill

Consumers First Act, Aimed to Bring CFPB Back to Statutory Purpose, Passes in House Financial Services Committee

CFPB Releases 2018 HMDA Data

8 things to know about a reverse mortgage

Fox Business: What Seniors Should Know Before Taking a Reverse Mortgage

How Student Loans Impact Your Taxes

Education Dept. rejects vast majority of applicants for temporary student loan forgiveness program

Young Americans Faring Less Well in Credit Markets, New York Fed Report Finds

Bankruptcy Filings Indicate Times Are Tough For Many U.S. Farmers

House Holds Hearing on Proposed Expansive FCRA Changes

Arbitration Gets the Spotlight at Senate Judiciary Hearing

Looking under the hood of U.S. household debt

DON’T MISS NACBA’S UPCOMING LIVE WEBINARS!

Expand Your Practice with Chapter 12: A Chapter 12 Primer
Date: April 4, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rebecca R. Garcia Esq., Chapter 13 Trustee (WI), Jan M. Sensenich Esq., Chapter 13 Trustee (VT) and James Haller Esq.
Register HERE

Chapter 12 is a powerful tool to assist debtors who qualify as farmers or fishermen. There has been an increase in chapter 12 cases filed across the country and there is a need for experienced debtors’ counsel to represent them. However many consumer attorneys are uncomfortable with chapter 12 cases because they are not aware of the different requirements and deadlines. This panel will bring you up to speed and give a primer on chapter 12 practice.

Why You Should Attend: You need to make more money and expanding your practice to include chapter 12 cases is a great opportunity.

Practice Pitfall Jeopardy: Practice Pitfalls and How to Avoid Them
Date: April 18, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Mary Beth Ausbrooks Esq., Jenny Doling Esq., Gene Melchionne & James Haller, Esq.
Register HERE

Don’t have a blooper reel for this year’s cases. This session will review common bloopers and how to avoid them in a game show format. Join our contestants who will be answering jeopardy type questions to win big prizes.

Why You Should Attend: Enjoy an actually fun way to learn how to deal with problem situations. Who will win the big candy bar?

Emerging Bankruptcy Technologies to Assist your Bankruptcy Practice
Date: June 6, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rachel Foley Esq., Reed Almand, Esq. & James Haller Esq.
Register HERE

Busy bankruptcy attorneys are bombarded with technology choices – all promising great rewards but many coming at great expense. Learn about different technologies that can make your practice more efficient in time and cost.

Why You Should Attend: What faster way is there to improve your bottom line than being more efficient while increasing accuracy!

Bankruptcy News Briefs- 3/15

Before you start your weekend, take some time to read these headlines …

IRS PDC Program Continues to Succeed, Collected $130.6 million Through December 2018

Consumer rights are worthless without enforcement

Federal Appeals Court Affirms Tribal Immunity from Bankruptcy Code

Yes, You Can Get Your Arbitration Agreement Enforced in the Eleventh Circuit (Probably)

REGISTER FOR NACBA’S NEW UPCOMING WEBINARS!

3002.1 A Mortgage Odyssey Workshop
Date: Thursday, March 21 AND Friday March 22, 2019
Time: 3:00 PM EST to 6:00 PM EST – BOTH DAYS
Cost: $99 Member / $149 Non Member
Presenters: Marc Dann, Esq., John Rao, Esq., Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The Panel will discuss:

1) Introduction to 3002.1
a. Requirements for lenders
b. Forms that must be used
c. Information that must be disclosed
d. Changes to 3002.1 effective December 1, 2018

2) Use of 3002.1 in bankruptcy court to challenge fees and payment changes
a. Example cases and briefs
b. Results for clients and
c. Attorneys fees for debtor’s counsel

3) Use of 3002.1 along with other rules (e.g. Reg X) to bring suits against mortgage companies outside of bankruptcy court.
a. FDCPA
b. FCRA
c. TILA
d. RESPA

Why You Should Attend: You want to earn additional attorneys fees reviewing all of those mortgage payment changes. Join our panel to find out how.

Expand Your Practice with Chapter 12: A Chapter 12 Primer
Date: April 4, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rebecca R. Garcia Esq., Chapter 13 Trustee (WI), Jan M. Sensenich Esq., Chapter 13 Trustee (VT) and James Haller Esq.
Register HERE

Chapter 12 is a powerful tool to assist debtors who qualify as farmers or fishermen. There has been an increase in chapter 12 cases filed across the country and there is a need for experienced debtors’ counsel to represent them. However many consumer attorneys are uncomfortable with chapter 12 cases because they are not aware of the different requirements and deadlines. This panel will bring you up to speed and give a primer on chapter 12 practice.

Why You Should Attend: You need to make more money and expanding your practice to include chapter 12 cases is a great opportunity.

Practice Pitfall Jeopardy: Practice Pitfalls and How to Avoid Them
Date: April 18, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Mary Beth Ausbrooks Esq., Jenny Doling Esq., Gene Melchionne & James Haller, Esq.
Register HERE

Don’t have a blooper reel for this year’s cases. This session will review common bloopers and how to avoid them in a game show format. Join our contestants who will be answering jeopardy type questions to win big prizes.

Why You Should Attend: Enjoy an actually fun way to learn how to deal with problem situations. Who will win the big candy bar?

Bankruptcy News Briefs- 2/27

The bankruptcy & consumer news briefs for today include…

9th Circuit Rules on Whether Chapter 20s Are Per Se Bad Faith Filings and Whether An Obvious Intended Lien Avoidance Action Affects Eligibility Under 11 U.S.C. § 109

7th Circuit Clarifies Issues Regarding The “Finality” of Lower Court Orders on Appeal

7 Best Personal Finance Tips For 2019

Can the FDCPA’s One-Year Statute of Limitations Be Expanded under the “Discovery Rule”? Supreme Court Will Decide

With Student Loan Debt At $1.5 Trillion, Some Are Looking For Career Paths That Avoid College

Saving For Retirement In Your 20s: The Effect Of Student Loans

Public-interest lawyers who sued over student-loan forgiveness are one step closer

Three Major Points from Rep. Maxine Waters’ Letter to CFPB Employees

House Financial Services Committee Announces March 7 Hearing on CFPB

Credit-Reporting Companies Told Their System Is ‘Broken’

CFPB Asks Manhattan US Judge to Compel Law Firm’s Response in Probe of Debt Collection Firm

REGISTER FOR NACBA’S UPCOMING LIVE WEBINARS!

Chapter 13 Attorney Fees
Date: March 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Edward Bolts Esq. & James Haller, Esq.
Register HERE

How to get paid prior to secured creditors and for work performed at the end of the case.

Why You Should Attend: You want to get paid for work done during the case in a timely manner and a fair amount.

3002.1 A Mortgage Odyssey Workshop
Date: Thursday, March 21 AND Friday March 22, 2019
Time: 3:00 PM EST to 6:00 PM EST – BOTH DAYS
Cost: $99 Member / $149 Non Member
Presenters: Marc Dann, Esq., John Rao, Esq., Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The Panel will discuss:

1) Introduction to 3002.1
a. Requirements for lenders
b. Forms that must be used
c. Information that must be disclosed
d. Changes to 3002.1 effective December 1, 2018

2) Use of 3002.1 in bankruptcy court to challenge fees and payment changes
a. Example cases and briefs
b. Results for clients and
c. Attorneys fees for debtor’s counsel

3) Use of 3002.1 along with other rules (e.g. Reg X) to bring suits against mortgage companies outside of bankruptcy court.
a. FDCPA
b. FCRA
c. TILA
d. RESPA

Why You Should Attend: You want to earn additional attorneys fees reviewing all of those mortgage payment changes. Join our panel to find out how.

Practice Pitfall Jeopardy: Practice Pitfalls and How to Avoid Them
Date: April 18, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Mary Beth Ausbrooks Esq., Jenny Doling Esq., Gene Melchionne & James Haller, Esq.
Register HERE

Don’t have a blooper reel for this year’s cases. This session will review common bloopers and how to avoid them in a game show format. Join our contestants who will be answering jeopardy type questions to win big prizes.

Why You Should Attend: Enjoy an actually fun way to learn how to deal with problem situations. Who will win the big candy bar?

JOIN US IN CLEVELAND!

Find out more about #NACBATheLand & Register today!

Bankruptcy News Briefs- 1/17

This Thursday’s news includes…

Maxine Waters pledges to ‘undo the harm’ done to consumer protection agency

As loans and revenue shrink, Wells Fargo leans on cost cuts

Sixth Circuit: FDCPA Requirement to Cease Collection Pending Debt Validation Can Include Third-Party Activities

Transparency Gets Fresh Look in Bankruptcy Court

U.S. Supreme Court To Hear Key Income Tax Issue For $120 Billion Trust Industry

Sears survives bankruptcy auction and will keep 400 stores open

Student loan debt is keeping young people from buying homes, Fed study finds

Rep. Slotkin Calls on Secretary DeVos to Help Provide Student Loan Relief for Federal Workers

DON’T MISS NACBA’S UPCOMING LIVE WEBINARS!

Our Prayer for the Blessed Resurrected Exemption: Invoking and Asserting Exemptions in Reopened Cases
Date: January 24, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Debrah DeMack Esq., Billy Brewer ESQ. & James Haller, Esq.
Register HERE

The panel will discuss the law, procedures and give advice on how best to represent a client who has an omitted asset and needs to reopen their case. The panel will discuss the possible challenges to claiming exemptions including excusable neglect and share their documents and experience fighting them.

Why You Should Attend: We all have (or will have) clients that call us after a bankruptcy is closed with an omitted asset. We all need to know what the state of the law is and how to best protect your client and the missing asset.

Real Life and Real Mods After HAMP
Date: February 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: O. Max Gardner III Esq., James Haller, Esq. & Bobby Riveria.
Register COMING SOON

This webinar will cover:

  • The role of the following parties in the 2019 Mod World:
  • The GSE (Fannie, Freddie and Ginnie)
  • The Private Label Deals
  • Trustee
  • Master Servicer
  • Primary Servicer
  • Default Servicer
  • Non-Performing Loans and Hedge Funds
  • Review of Real SPS Deal
  • Targets
  • Waterfalls
  • Forbearance
  • Forgiveness
  • Balloons
  • Junk Fees
  • Loan Term
  • APR

Why You Should Attend: You need to know what options your clients have to modify their mortgages under existing law.

Bankruptcy News Briefs- 1/16

Here are new bankruptcy news briefs as we enter the 16th day of 2019 …

Effect of Government Shutdown on Consumer Bankruptcy Proceedings

The No. 1 way to avoid financial disaster, according to this New York bankruptcy judge

PG&E Bankruptcy Tests Who Will Pay for California Wildfires

This government shutdown ignores massive problems threatening America’s future

6 Money Moves to Make If You’re Worried About a Recession

Revamped Relief: The CFPB’s Proposed Rule to Improve its No-Action Letter Program and to Establish a Regulatory Sandbox

Here’s How Much Debt Collectors Earn In Every State

2nd Circuit rejects appeal by Buffalo, NY debt collection defendant

VA Suspends Debt Collections for Furloughed Feds

Supreme Court Hears Argument on Future of FDCPA Landscape

PG&E tells retirees not to worry about pensions even in bankruptcy

Student Loans Keeping You From Buying A Home? Think Again

Florida Board of Health suspends health care licenses over student loan defaults

DON’T MISS NACBA’S UPCOMING LIVE WEBINARS!

Our Prayer for the Blessed Resurrected Exemption: Invoking and Asserting Exemptions in Reopened Cases
Date: January 24, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Debrah DeMack Esq., Billy Brewer ESQ. & James Haller, Esq.
Register HERE

The panel will discuss the law, procedures and give advice on how best to represent a client who has an omitted asset and needs to reopen their case. The panel will discuss the possible challenges to claiming exemptions including excusable neglect and share their documents and experience fighting them.

Why You Should Attend: We all have (or will have) clients that call us after a bankruptcy is closed with an omitted asset. We all need to know what the state of the law is and how to best protect your client and the missing asset.

Real Life and Real Mods After HAMP
Date: February 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: O. Max Gardner III Esq., James Haller, Esq. & Bobby Riveria.
Register COMING SOON

This webinar will cover:

  • The role of the following parties in the 2019 Mod World:
  • The GSE (Fannie, Freddie and Ginnie)
  • The Private Label Deals
  • Trustee
  • Master Servicer
  • Primary Servicer
  • Default Servicer
  • Non-Performing Loans and Hedge Funds
  • Review of Real SPS Deal
  • Targets
  • Waterfalls
  • Forbearance
  • Forgiveness
  • Balloons
  • Junk Fees
  • Loan Term
  • APR

Why You Should Attend: You need to know what options your clients have to modify their mortgages under existing law.

REGISTER BY FEB. 1 FOR HILL DAY 2019 IN D.C.!

Hill Day will take place from February 25-27, 2019 in Washington, D.C.! Hotel information is now available.

Don’t delay and register today!

Bankruptcy News Briefs- 1/08

Check out this Tuesday’s following news briefs…

Judiciary Operating on Limited Funds During Shutdown

Why This For-Profit College Will Cancel $500 Million Of Student Loans

Voters to Congress: Find ways to lower our student debt

Email Provides Glimpse into Kraninger’s Vision for CFPB

Mulvaney recently inquired about top university position: report

A PG&E Bankruptcy Would Leave Utility in Turmoil for Years

It’s lights out for Sears on Tuesday unless Eddie Lampert can sweeten his bid

Three Reasons The Government Shutdown Is Hurting Small Businesses

Wells Fargo customers to be compensated under 50-state settlement

This home-buying strategy could come back in style as mortgage rates rise

Supreme Court debates the meaning of the term ‘debt collector’ in a foreclosure protections case dating back to the financial crisis

REGISTER FOR NACBA’S UPCOMING WEBINARS!

They Did What?! The 2018 Case Law Year in Review
Date: January 10, 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 discuss the major cases that occurred in 2018 and pending cases before the Supreme Court and Courts of Appeal that may affect your bankruptcy practice.

Why You Should Attend: We all need to stay on top of the major decisions from 2018 and pending decisions which may change our practice and advice to clients. Make sure you are current and haven’t missed any important decisions.

Our Prayer for the Blessed Resurrected Exemption: Invoking and Asserting Exemptions in Reopened Cases
Date: January 24, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Debrah DeMack Esq., Billy Brewer ESQ. & James Haller, Esq.
Register HERE

The panel will discuss the law, procedures and give advice on how best to represent a client who has an omitted asset and needs to reopen their case. The panel will discuss the possible challenges to claiming exemptions including excusable neglect and share their documents and experience fighting them.

Why You Should Attend: We all have (or will have) clients that call us after a bankruptcy is closed with an omitted asset. We all need to know what the state of the law is and how to best protect your client and the missing asset.