consumer bankruptcy

Bankruptcy News Briefs 4/4

No End in Sight for Balance Billing Legislation

Collectors Take Note: FDCPA Litigation Over Letters Continues

Chapter 13 Debtor Could Eliminate Lien on Vehicle Even where Loan had Co-signer

Last Friday Brought New Twist in Dept. of ED Debt Collection Road

Survey: More Consumers Carry Credit Card Debt from Month to Month

CFPB Releases Sixth Annual FDCPA Report to Congress

Consumer Litigation Filings are ‘Unpredictable,’ WebRecon Reports

NetSpend Stealthily Settles FTC Charges Ahead of Fight Over CFPB Prepaid Card Rules

Circuit Court Upholds Punitive Damages Eight Times Compensatory

Big Changes on Horizon for Credit Reporting of Public Records Data

Lenders’ Trade Group Meets With Administration, Submits Proposal to Significantly Reform CFPB

Defending Its Life: What To Expect From The CFPB’s Trip To The D.C. Appellate Court

CFPB Requests Limited Fix if Court Finds Constitutional Defect

The IRS Is Now Using Private Debt Collectors; Here’s What You Need to Know

Student loan debt may mean fewer homeowners, expensive schools, and less consumer spending, Fed’s Dudley says

Second Circuit Clarifies Trigger for Revealing Debt Amounts

Upcoming NACBA Events

nacba25

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today!

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!

 NACBA Membership Promotion! Last Day to Renew for March to Be Entered Into the Giveaway!

Renew your membership this month and be 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

10 Very Good Reasons Why You Should Attend #NACBA25!

There are too many reasons for us to list on why you should attend NACBA’s 25th Annual Convention, but we’ve come up with 10 very good and even fun reasons why you should be at the magnificent Walt Disney World Dolphin Hotel, May 4th-7th in Orlando, Florida!

  1. Awesome Keynote Speakers: NACBA is bringing you  incredible Keynote Speakers such as national legal evidence expert, Professor Edward Imwinkelried, best selling author Ross Bernstein, award winning filmmaker, Billy Corben, and senior columnist for the Daily Beast, CNN political commentator and author, Matt K. Lewis.
  2. Continuing Legal Education Credits: With past NACBA Conventions being approved for over 20 credit hours (including ethics) in all 50 states and Puerto Rico, NACBA’s 25th Annual Convention is your one stop, professional development,  legal education event that satisfies most, if not all, CLE compliance periods.
  3. Pre-Convention Sessions: Start your learning early with not one but two pre-convention sessions!  You can register for either NACBA’s Student Loan Workshop or FDCPA: Extreme!
  4. It’s a Family Affair! Bring the whole family to enjoy the most magical place on earth! We have you covered with discounted Disney Park, Universal Studios and Sea World Tickets! Your kids will absolutely love this quick getaway!
  5. Engage with Colleagues in NACBA’s Circuit Meetings: New this year, NACBA will host individual circuit meetings for sharing of ideas and the latest “round-up” of what is taking place in the circuit where you practice.
  6. Mickie and Minnie: NACBA has finalized a special photo session during the convention with Mickey and Minnie Mouse. Why stand in line at the parks to meet characters? NACBA has arranged a commemorative photo opportunity for convention attendees and their families included with registration.
  7. The NACBA25 Lineup: This year’s convention schedule is chock-full of stellar expert speakers who will capture your attention with timely and advanced topics. Even the most seasoned bankruptcy attorney will be challenged.
  8. An Abbreviated Saturday Schedule: Given the location and that many attendees may include family, the committee planned an abbreviated schedule on Saturday, May 6th so attendees could take in the Walt Disney World parks and surrounding Orlando area without missing valuable CLE seminars.
  9. Access to Playback NACBA: Through the PlaybackNACBA website, bankruptcy attorneys are able to watch presentations that they were unable to attend the week of May 8, 2017.
  10. Celebrate 25 years of NACBA!Last, but certainly not least you are cordially invited to attend a special #NACBA25 Anniversary Party on Friday, May 5th (6 PM-9 PM) that will include a live concert, food trucks, desserts and perhaps some Disney magic. If no magic, we may just open the bar! This is our way of thanking your for your membership and support for the past 25 years!

Can you think of a reason not to attend?

Register today, if you haven’t already and get ready for what’s promised to be one of NACBA’s most memorable conferences to date!

Bankruptcy News Briefs 3/30

Court Rules Debt Buyer’s Small Claims Court Judgment Waived Right to Arbitration in Class Action Suit

Mere Retention of Property Does Not Support Stay Violation

What is the most likely outcome for the CFPB?

Nationstar’s “Soft Pulls” of Discharged Debtor’s Credit Reports did Not Violate FCRA where Servicer had Legitimate Need to Pull Report

CFPB Reports Consumers Complain About Disputed Credit Card Charges

Debt Collection Complaints Surge Compared to Early 2016

Senate Judiciary Committee Passes Private Student Loan Debt Bill

Student loan defaults might add up to more debt

Bankruptcy Beat: New York Bankruptcy Court Prohibits Stripping of Mortgage Lien Against Debtor’s Multi-Family Residential Real Estate, Setting Up Split of Authority With District of Connecticut

Bank of America ordered to pay $46 million for foreclosure tactics used against Lincoln couple

Upcoming NACBA Events

nacba25

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today!

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!

 NACBA Membership Promotion!

Renew your membership this month and be 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

Bankruptcy News Briefs 3/29

CFPB Quietly Issues 2017 FDCPA Report to Congress

E-ZPass Collector Wins Dismissal; Court Rules Tolls Not Debts Under FDCPA

CFPB: Credit Card Complaints Focus Most Often on Billing, Fraud

Caddis Funding accused of violating debt collection laws

When Trustee Abandoned Debtor’s Home, he also Abandoned the Proceeds from Post-Petition Foreclosure Sale of Debtor’s Home

JPMorgan Chase’s head economist sees bright outlook for consumers

Wells Fargo Strikes $110M Settlement Deal in Fake Accounts Cases

Can a Creditor’s Inaction Violate the Automatic Stay?

Credit Reporting Remains a High Priority for the CFPB

Upcoming NACBA Events

nacba25

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today!

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!

 NACBA Membership Promotion!

Renew your membership this month and be 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

Bankruptcy News Briefs 3/28

Financial Fragility of U.S. Households in Latest Fed Survey Remains Neutral

Court Erroneously Requires that Exemption Attach to Equity

Dems working with GOP on consumer bureau revamp

Trump Administration Continues To Indicate Tide Change Away From Support Of The CFPB

CO lawmakers want to give consumers more protection against “zombie-debt” collectors

State AGs Ask Supreme Court to Spark Major Expansion to Scope of Federal Debt Collection Law

Defaulting on some student loans gets more costly

Bank of America ordered to pay $46 million to Lincoln couple for wrongful foreclosure

Consumer Confidence Doesn’t Reflect Facts

“Singular” Cases on Nondischarge and Dischargeability

Upcoming NACBA Events

nacba25

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today!

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!

 NACBA Membership Promotion!

Renew your membership this month and be 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

Bankruptcy News Briefs 3/24

CFPB fines Experian $3 million for lying about consumers’ credit scores

Advocates Applaud CFPB for Enforcement Action against Experian for Deceptive Marketing of Credit Scoring Products

FCC Adopts Proposed Rules and a Notice of Inquiry on Blocking Unlawful Robocalls

Consumer Spending Slows Since December

TG to Continue its No-Collection-Fee Practice for Borrowers Agreeing to Loan Rehabilitation or Repayment within 60 Days of Default

CFPB preps to review major mortgage rules

The New Administration’s Plans for the CFPB Take Shape

Portfolio Recovery hit with debt collection lawsuit

Study: 73% of consumers die with outstanding debt

The Latest–And Surprising–Victims of the Student-Loan Debt Crisis: Older Americans

Supreme Court Narrows Use of Structured Dismissals

Flagstar’s Dual Tracking of Chapter 13 Debtor Violated the Automatic Stay and RESPA; Disclaimer did Not Save Servicer

Upcoming NACBA Events

nacba25

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today!

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!

 NACBA Membership Promotion!

Renew your membership this month and be 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

Bankruptcy News Briefs 3/23

Revisiting Dodd-Frank; Its Design May Make Next Crisis Even Worse

More Twists in ED’s ‘Dear Colleague’ Collection Fee Matter

Court Dismisses CFPB Complaint Against Payment Processor For Ignoring Red Flags

DOJ Brief Opposing CFPB Brings More Uncertainty

CFPB to Re-Examine Regulation

CFPB’s Next Move in Processor Case Bears Watching

Student loan collector pledges not to charge high fees permitted by Education Department

Confessions of a bankruptcy attorney: What people get wrong about bankruptcy

A First Look At February Delinquency Data

Judicial Foreclosure Sales are Immune to Preference Challenges

Upcoming NACBA Events

nacba25

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today!

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!

 NACBA Membership Promotion!

Renew your membership this month and be 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

Bankruptcy News Briefs 3/22

Federal Court Nixes CFPB Enforcement Action that Claimed a Payment Processor Ignored Fraud

American Bankruptcy Institute Forms Commission on Consumer Bankruptcy

Judge Rules For Servicer in TCPA Case Regarding Calls to Number Provided for Subsequent Loan

Trump’s ED Dept Withdraws Position Prohibiting Collection Fees on FFEL Defaults

No Personal Liability for Post-Petition HOA Fees

CFPB Takes on Credit Reporting Problems

Tensions escalate at House hearing on constitutionality of the CFPB

Pocan introduces bipartisan bill in effort to alleviate student loan debt

Filing for bankruptcy more expensive under Trump budget

More Consumers Seek Loan Modifications

Upcoming NACBA Events

nacba25

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today!

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!

 NACBA Membership Promotion!

Renew your membership this month and be 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

NACBA25 Highlight

Stay Updated on the CFPB Rules That Will Have an Impact on Your Bankruptcy Firm

Major revisions to the mortgage servicing regulations, made by the Consumer Financial Protection Bureau, will become effective in 2017 and early 2018. These changes deal with a variety of important issues, including servicing transfers, loan modification applications, and loss mitigation requests from successors in interest.  Most important for bankruptcy attorneys are the new regulations requiring monthly statements to be given to debtors in bankruptcy.  Learn how these new rules can be used in your bankruptcy practice.
Presenters

avatar for Sarah Mancini

Sarah Mancini

Sarah Bolling Mancini is Of Counsel for NCLC half-time, focusing on foreclosures and mortgage lending, and works half-time as an attorney in the Home Defense Program of Atlanta Legal Aid. She has experience representing homeowners in bankruptcy cases and litigating in state, federal district, and bankruptcy courts. She also clerked for the Honorable Amy Totenberg, U.S. District Court for the Northern District of Georgia. Sarah is a member of the Georgia Bar. She received her B.A. in public policy from Princeton University and her J.D. from Harvard Law School.

avatar for John Rao

John Rao

John Rao is an attorney with the National Consumer Law Center, Inc. Mr. Rao focuses on consumer credit and bankruptcy issues and has served as a panelist and instructor at numerous bankruptcy and consumer law trainings and conferences. He has served as an expert witness in court cases and has testified in Congress on consumer matters. Mr. Rao is a contributing author and editor of NCLC’s Consumer Bankruptcy Law and Practice; co-author of NCLC’s Foreclosures; Bankruptcy Basics; Guide to Surviving Debt; and NCLC Reports: Bankruptcy and Foreclosures Edition, and contributing author to NCLC’s Student Loan Law. He is also a contributing author to Collier on Bankruptcy and the Collier Bankruptcy Practice Guide. Mr. Rao serves as a member of the federal Judicial Conference Advisory Committee on Bankruptcy Rules, appointed by Chief Justice John Roberts in 2006. He is a conferee of the National Bankruptcy Conference, fellow of the American College of Bankruptcy, vice-president for the National Association of Consumer Bankruptcy Attorneys, and former board member for the American Bankruptcy Institute. He is an adjunct faculty member at Boston College School of Law. Mr. Rao is a graduate of Boston University and received his J.D. in 1982 from the University of California (Hastings).

Register for NACBA25 Today!

Bankruptcy News Briefs 3/21

New Executive Order Aimed at Deregulation Includes CFPB

Court Denied Debtor’s HIPAA and Negligence Action Against Hospital which filed Claim with his Personal Information

How we got to $1 trillion in debt: An illustrated history of student loans in America

U.S. House Committee Will Hold Hearing Tomorrow on CFPB’s Unconstitutional Design

Another Court Rules No FDCPA Violation For: “This settlement may have tax consequences. Please consult your tax advisor.”

U.S. Department of Justice Files Amicus Brief Against CFPB

CFPB Releases Latest RFI to Evaluate the Consumer Credit Card Market

Trump Reverse Robin Hood Budget Would Kill Bipartisan Programs that Protect Vulnerable Seniors, Veterans, Working Families

Experian Prevails in FCRA Case where Plaintiff Failed to Introduce Evidence of Actual Damages

Justice Department Calls CFPB’S Structure Unconstitutional

The Feds Just Rolled Back a Rule Protecting You From Overzealous Student Debt Collectors

Consumer claims Midland Funding, others are attempting to collect unauthorized debt

Upcoming NACBA Events

nacba25

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today!

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!

 NACBA Membership Promotion!

Renew your membership this month and be 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