Consumer

Bankruptcy News Briefs- 4/23

Read today’s headlines featured below…

Bankruptcy Court Determines Redemption Value of Frankenstein Truck

6th Circ. Remands Casino Case After High Court Ruling

Woman at center of lawsuit slams debt collection company for ‘misrepresenting facts’ as hearing is postponed

District of New Jersey Denies Consumer’s Motion for Summary Judgment on FDCPA Claim

Court Denies PCAs’ Motion to Prevent Account Recall by Department of Education

New CFPB Rule Provides Enforceable Protections for Prepaid Cards

Homeowners Hurt by Mortgage Scam Seek Role in Ditech Bankruptcy

Elizabeth Warren Wants To Erase Most Student Loan Debt

Report: help ‘urgently’ needed to address growing student loan debt

1 in 4 young people dip into 401(k)s to pay off debt—here’s why that’s a problem

Trump-Appointed Official Promises Full Push to Overhaul Plumbing of Mortgage Market

Bipartisan Group Of Lawmakers Aim To Ease Chapter 12 Bankruptcy Rules

REGISTER FOR NACBA’S UPCOMING LIVE WEBINARS!

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!

Chapter 13 Plan Provisions: What Are They Good For?
Date: July 11, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., O. Max Gardner III, Esq. & James Haller, Esq.
Register HERE

Avoid having unwanted provisions forced upon you and getting non-standard provisions that you want.

Why You Should Attend: Stuck with a plan provision unfavorable to your client? Learn how to contest those provisions and get more favorable language added to the plan.

JOIN US IN CLEVELAND AT #NACBATheLand!

REGISTER NOW!

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Bankruptcy News Briefs- 3/14

Take some time to read today’s consumer and bankruptcy headlines …

Consumer protection wanes under Trump, reports find

CFPB Supervisory Highlights looks at auto loan ancillary product refunds

Three Lessons for Debt Collectors from the CFPB’s Latest Supervisory Highlights: Amount Owed Accuracy, Disclosures, And Payment Dates

Fifth Circuit Judges Question CFPB Constitutional Worries

Passive Debt Buyers Beware: Third Circuit Broadens FDCPA Liability Under the ‘Principal Purpose’ Definition

Millennials are so buried in debt they can’t buy into American Dream of owning a home

Second Circuit Opinion Repeats Its Prior Ruling on Interest Disclosures Because of Continued Litigation on Already-Decided Issues

First Amendment Day At The Ninth Circuit: Court Hears Constitutional Challenge To The TCPA

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?

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!

JOIN NACBA IN SAN JUAN!

Bankruptcy News Briefs- 1/18

Before you settle into your weekend plans, read the following articles

Title Loans Aren’t Valid Deductions on Means Test Says Utah Bankruptcy Court

Elizabeth Warren Wants Wells Fargo to be Expelled From College Campuses

CFPB Defends Its Constitutionality to Ninth Circuit Panel: Will Kraninger Have a Change of Heart?

Congresswoman Maxine Waters Plans to “Undo the Harm Done” to the CFPB

9 Student Loan Tax Tips For 2019

34 Devastating Stories About How People Are Still Crushed By Medical Debt

Waiving or Forfeiting the Right to Arbitrate—Recent Cases Tackle Issue

Lack of Settlement Payment Due Date Raises Issues in E.D. Wisc., “Promptly” is Not Enough

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- 1/09

Midweek headlines read…

Banks With Most And Least Consumer Complaints Named In New Ranking

CFPB Finalizes Off-Balanced Approach to Public Disclosure of HMDA Data

CFPB Enters Into $15.5 Million Consent Order with Bank Over Stop Payment and Error Resolution Practices

Texas student loan debt among highest in US

Student Loan Outlook For 2019

Yes, you still need to pay your student loans during the shutdown — but you could hit some snags

And the award for worst student loan company goes to…

A couple lost their home to bankruptcy 14 years ago. They just got a demolition bill for $15,000

Debt Collector Granted Summary Judgment in $0.00 Line Itemization Case in the Northern District

New York Passes Law Addressing Collection of Decedents’ Debts

Supreme Court to Rule on Whether the Fair Debt Collection Practices Act Applies to Nonjudicial Foreclosure Proceedings

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.

THE SCHEDULE FOR #NACBATheLand IS RELEASED!

Check it out online now and register today!

Bankruptcy News Briefs- 12/31

The final headlines for 2018 are…

City employees have ignored over $650K worth of parking tickets and violations

Elizabeth Warren launches exploratory committee ahead of likely 2020 presidential run

Wells Fargo Says Bitcoin Too Risky for Clients, Pays $575 Million Fine For Scamming Them

Congress: Resolve to help reduce student debt in the new year

The Suffocation of Student Loans

Bankruptcy leaves Detroit police abuse claims unpaid

Sears Survives, For Now, With Last Minute $4.6B Bid

Registration for #NACBATheLand is OPEN!

Don’t forget to save the dates and register today!

 

Bankruptcy News Briefs- 12/18

Start this Tuesday with the following headlines…

State Agencies Can Enforce FCRA Too

New report illustrates how student loan debt hampers home-buying

NYT: Risky mortgages are making a comeback

Democratic House members urge Kraninger to resume MLA exams

DON’T FORGET TO REGISTER FOR NACBA’S HILL DAY 2019

REGISTER HERE!

Join NACBA in Washington,  D.C. from February 25-27, 2019 where members will meet with federal lawmakers and key staff.

*DEADLINE TO REGISTER IS FEBRUARY 1, 2019*

Bankruptcy News Briefs- 12/12

And the “hump day” headlines read…

Fifth Circuit’s Affirmance of Denial of Attorney’s Fees to Successful FDCPA Plaintiff May Aid Collectors in Challenging Fee Requests

How Student Loan Debt Changes Your Life

More parents struggle to repay loans they borrowed for their children’s education 

Alleged student debt relief scam leads to arrest of CEO

Who Is Most Affected By Student Debt? Women.

Teacher grants converted to loans forcing teachers to pay up

MN attorney general sues ‘tax debt relief’ firm for violating consumer protections

New head of watchdog agency vows consumers will be top focus

Fla. Man Ordered To Pay Gov’t $23M Over Debt-Relief Scam

“Buy now, pay later”: Old-fashioned loan-sharking with a Silicon Valley smile?

Bankruptcy Judges Handle Much More Than Bankruptcy Matters

Madoff bankruptcy lawyer: ‘You can’t have a Ponzi without a bank. And the bank was JPMorgan.’

New CFPB director declines to weigh in on future of agency official criticized for racially tinged blog posts

Trump administration hid report revealing Wells Fargo charged high fees to students

BCFP enters into consent order with State Farm regarding alleged FCRA violations

Maxine Waters nominated to chair House Financial Services Committee

SAVE THE DATES! NACBA IS BRINGING HILL DAY BACK TO D.C.!