Consumer

Bankruptcy News Briefs 10/13

Midweek News

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Cert. Granted in FDCPA Case

The Supreme Court Will Hear Arguments on Debt Collection Practices

U.S. Consumer Debt Stings as Delinquency Chances Increase: Chart

Your Time is Gonna Come: Households’ Leverage Down, Government Leverage Up

Consumers’ Outlook on Credit Availability Improves

Court Holds Company Licensed as Debt Collector is Not a Debt Collector Under FDCPA if Servicing Debt Not in Default

How the PHH Decision Could Limit CFPB’s Enforcement Powers in Two Critical Ways

Chapter 20 Fails on Bad Faith

Hot Off the Presses

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Upcoming NACBA Events

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6 Key Numbers Every Bankruptcy Attorney Must Know

Date: November 17, 2016
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 minutes)
Presenter: Stephen Fairley, CEO of The Rainmaker Institute
Cost: No Cost to NACBA Members – Member Benefit

Register HERE

Save the Date for NACBA’s Silver Anniversary Annual Convention

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 10/6

Read the Headlines Here…

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Treasury Department Moves to Hire More PCAs for Non-Tax Debts

Report on Government Ad Spending Highlights Pentagon and CFPB Outlays

CFPB’s Residual Income Test A Burden To Consumers And Creditors

Ditech Financial fined $1.4 million for “abusive debt collection practices” in Massachusetts

Eleventh Circuit Rules that Debtors Who Surrender Real Property in Bankruptcy Cannot Oppose Foreclosure

Delaware Bankruptcy Court Upholds Reclamation Creditors’ Rights

AG Cooper Wins $7.3 Million In Relief For Military Consumers

Important NACBA Notice

Hurricane Matthew Forces Cancellation of NACBA Workshop.

Upcoming NACBA Events

Save the Date for NACBA’s Silver Anniversary Annual Convention

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 10/5

What Headlines are Making Midweek News?

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CFPB Community Advisory Bank Council Discusses Debt Collection Rulemaking

FTC Wins Largest Ever Litigated Judgment — $1.3 Billion

Debt Collectors and Creditors Should Take Note of $135 Million USA Discounters Settlement

CFPB Issues Strong Rule to Protect Prepaid Cards

Pay-To-Stay Debt Dischargeable

Household Debt Rises as Auto and Credit Card Debt See Uptick

Government May Forgive Billions In Student Loan Debt

Upcoming NACBA Events

Save the Date for NACBA’s Silver Anniversary Annual Convention

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 10/4

Check Out The News…

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Credit Card Delinquencies Decline in 2016

Will Supreme Court Provide Definitive Answer on Whether Filing Proof of Claim on Out-of-Statute Debt is an FDCPA Violation?

IRS’s Planned Use of Private Debt Collectors Causing Concern

 Detroit defeats pensioners’ appeal over bankruptcy cuts

The fight over new payday lending rules gets nasty

Court Filings Subject To FDCPA, Says Seventh Circuit

Upcoming NACBA Events

Save the Date for NACBA’s Silver Anniversary Annual Convention

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 10/3

It’s a Brand New Month with New Headlines…

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ACA Submits Comments on CFPB’s Proposed Consumer Complaint Closing Survey

Federal Student Loan Default Rates Continue to Decline

When CFPB Finds Deception Regardless Of A Lender’s Intent

Do I have to make all my post-petition mortgage payments to my bank during a chapter 13 case to receive my discharge?

Education Dept. Is Sued Over Debt Collection From Former Corinthian Students

Financial protection bureau concerned by some student loan servicers’ practices

Judge throws out three FDIC lawsuits over soured mortgage debt

Company allegedly targeting troops must provide $96 million in debt relief

Massachusetts Consumer Advocates Fight Debt Collectors

Upcoming NACBA Events

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NACBA’s 2016 Fall Workshop is Only Days Away!

Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation!  Get all the details and register today!

Save the Date for NACBA’s Silver Anniversary Annual Convention

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 9/29

Check Out Today’s Headlines…

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TCPA Case Law Review for August 2016

U.S. District Court Rules Letter with Internal Reference Number Does Not Violate FDCPA

LendUp Feels Growing Pains As CFPB Orders Payment for Misleading Practices

Unsecured Creditors May Expect Better Recoveries in Bankruptcy

Wells Fargo Isn’t the Only Bank That Draws Cross-Selling Complaints

House Democrats Push CFPB for Stronger Payday Rule

CFPB September 2016 complaint report highlights money transfer complaints, complaints from Pennsylvania consumers

Advocates seek more limits on debt collectors

Monthly Consumer Litigation Increases for FDCPA; TCPA Cases Decline

Upcoming NACBA Events

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NACBA’s 2016 Fall Workshop is Only Days Away!

Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation!  Get all the details and register today!

Save the Date for NACBA’s Silver Anniversary Annual Convention

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 9/26

A New Week With New Headlines…

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Bank Card Default Rates Continue to Decline

Third Circuit Court of Appeals Concludes that Section 303(i) Does Not Preempt State Law Claims of Non-Debtors Predicated on the Filing of an Involuntary Petition

CFPB sues car title lenders

Legislators take on predatory student loan practices

San Diego consumer accuses marketing agency of violating TCPA

Millions in U.S. Climb Out of Poverty, at Long Last

Upcoming NACBA’s Events

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Join your peers and register for upcoming NACBA Events! Attend informative sessions, network, earn CLE and experience NACBA!

NACBA’s  2016 Fall Workshop

Thursday, October 6’th-Sunday, October 9’th
Enchantment of the Seas

Register today!

Save the Date for NACBA’s Silver Anniversary Annual Convention

2017 NACBA’s 25th Annual Convention 
Thursday, May 4’th – Sunday, May 7’t h, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 9/23

It’s Friday! Check Out These Headlines Leading Into the Weekend…

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House Subcommittee Hears a Medley of Options for TCPA Reform

3rd Cir. Holds No TCPA Coverage Under Business Owners Insurance Policy

Political Fight Over CFPB Heats Up After Wells Fargo Scandal

Student Loan Debt Hinders Economic Mobility

Why Seniors with Mortgage Debt are Becoming the ‘New Normal’ for Retirement

Events

NACBA’s  Fall Workshop

EARLY BIRD RATE IS EXTENDED! REGISTER TODAY FOR SAVINGS!

Sail-Away-1024x551 (1)

Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation!  Get all the details and register today!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 9/22

Thursday’s Headlines…

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“Equivalent Report” Workaround Fails in First Circuit

Advocates Urge CFPB to Strengthen Outlined Debt Collection Rules to Better Protect Consumers

Update: House Subcommittee Announces Witnesses for TCPA Hearing

U.S. Reps Ask CFPB to Include Safe Harbor in Arbitration Rule

Military veterans are losing GI Bill benefits because of ITT bankruptcy

CFPB to credit unions: New mortgage regulations level the lending playing field

Defending A Preference Action – Can You Setoff Post-Petition Amounts Owed by the Debtor Against Your Preference Liability?

D.C. would have more oversight over student loan debt collectors under council proposal

REGISTER FOR TODAY’S WEBINAR BY 2:00 PM

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Don’t miss your chance to listen in on today’s webinar and to be entered to receive a copy of the Chapter 13 Practice and Procedure, 2nd, 2016 Ed. worth $408.00!

Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems with Non-Bankruptcy Causes of Action
DATE: Thursday, September 22, 2016 – 3:00 PM EST / 12:00 PM PST
COST: $25 NACBA Member, $75 Non-Member
PRESENTERS:
Judge Paul W. Bonapfel, Northern District of Georgia
J. Erik Heath, Esq., Consumer Bankruptcy Attorney, San Francisco, CA
John Rao, Esq., National Consumer Law Center, Inc.
REGISTER: HERE

BONUS: One (1) attendee/ registrant will be chosen at random to receive a copy of Chapter 13: Practice And Procedure, 2d, 2016 Ed.. The new second edition is a guide to virtually everything you need to know about practicing law under Chapter 13 of the Bankruptcy Code.(Value $408)

This webinar will cover a variety of standing, judicial estoppel and claim preclusion issues and offer practical suggestions for ways to ensure that debtors’ non-bankruptcy causes of action can be litigated. Topics will include debtor’s standing during and after Chapter 7 and 13 cases, determining whether a cause of action is property of the estate, proper scheduling and disclosure of claims including whether a duty exists for post-petition claims in Chapter 13 cases, avoiding and responding to judicial estoppel arguments, plan treatment of prosecution and settlement of litigation, employment and compensation of counsel to litigate debtor’s legal claims, effect of plan confirmation on debtor’s right to bring causes of action post-confirmation; impact of stating an intent to surrender collateral on post-bankruptcy claims and defenses; using waiver and estoppel arguments against mortgage creditors.

If you are unable to attend the live webinar, please register by September 22, 2016 at 2:00 PM Est. to receive the webinar recording, materials (copy of presentation and Non Bankruptcy Causes of Action exert from Chapter 13: Practice And Procedure, 2d, 2016 Ed) and be registered for drawing.

Events

NACBA’s  Fall Workshop

EARLY BIRD RATE IS EXTENDED! REGISTER TODAY FOR SAVINGS!

Sail-Away-1024x551 (1)

Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation!  Get all the details and register today!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 9/21

What’s Happening this Wednesday?

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Survey: Majority of Consumers are Concerned About Identity Theft

California Amends Requirements for Debt Collectors Responding to Consumer Claims of Identity Theft
House Committee Approves Dodd-Frank Replacement Bill

Senate and Congressional Hearings – Lots of Noise, but What Impact?

Former Regulator Points to CFPB Failure behind Wells Fargo Scandal

Stern Amendments to Bankruptcy Rules

Landlords, Leases and Financial Distress

CFPB consumer complaint database about to hit 1 million complaints

The Government’s Plan to Reduce Student-Loan Defaults Helps Borrowers Who Need It Least

ONE DAY LEFT UNTIL TOMORROW’S WEBINAR

NACBA Webinars Web Banner (1)

Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems with Non-Bankruptcy Causes of Action
DATE: Thursday, September 22, 2016 – 3:00 PM EST / 12:00 PM PST
COST: $25 NACBA Member, $75 Non-Member
PRESENTERS:
Judge Paul W. Bonapfel, Northern District of Georgia
J. Erik Heath, Esq., Consumer Bankruptcy Attorney, San Francisco, CA
John Rao, Esq., National Consumer Law Center, Inc.
REGISTER: HERE

BONUS: One (1) attendee/ registrant will be chosen at random to receive a copy of Chapter 13: Practice And Procedure, 2d, 2016 Ed.. The new second edition is a guide to virtually everything you need to know about practicing law under Chapter 13 of the Bankruptcy Code.(Value $408)

This webinar will cover a variety of standing, judicial estoppel and claim preclusion issues and offer practical suggestions for ways to ensure that debtors’ non-bankruptcy causes of action can be litigated. Topics will include debtor’s standing during and after Chapter 7 and 13 cases, determining whether a cause of action is property of the estate, proper scheduling and disclosure of claims including whether a duty exists for post-petition claims in Chapter 13 cases, avoiding and responding to judicial estoppel arguments, plan treatment of prosecution and settlement of litigation, employment and compensation of counsel to litigate debtor’s legal claims, effect of plan confirmation on debtor’s right to bring causes of action post-confirmation; impact of stating an intent to surrender collateral on post-bankruptcy claims and defenses; using waiver and estoppel arguments against mortgage creditors.

If you are unable to attend the live webinar, please register by September 22, 2016 at 2:00 PM Est. to receive the webinar recording, materials (copy of presentation and Non Bankruptcy Causes of Action exert from Chapter 13: Practice And Procedure, 2d, 2016 Ed) and be registered for drawing.

Events

NACBA’s  Fall Workshop

EARLY BIRD RATE IS EXTENDED! REGISTER TODAY FOR SAVINGS!

Sail-Away-1024x551 (1)

Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation!  Get all the details and register today!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!