Consumer

Bankruptcy Briefs 9/17/14

Proof of Claim Violates Discharge Injunction

Corinthian Colleges Sued by CFPB for Predatory Lending

Court announces new rules for debt collection agencies

NYU Student Lucy Parks Writes Heartbreaking Letter About Dropping Out Of College

Washington Warily Eyes Cities’ Loan-Seizure Proposals

Detroit Reaches Settlement With Largest Creditor

Hearing for “Oversight of the Financial Stability Oversight Council” to be held today

California man found guilty in $5.8 million mortgage fraud scheme

Shame to Outrage: Group Takes Action Against Student Debt Crisis

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Bankruptcy Briefs 9/16/14

Indictment for Bankruptcy Crime in Palm Beach County

Consumers’ Student Loan Debt Increases Since the Recession

Bankruptcy isn’t what it used to be

Utah is the Best State to Pay Back Student Loans, Maine is the Worst

The bankruptcy of Detroit and the division of America

American Sniper’s Widow Sues Bankrupt Training Company He Founded

Report Criticizing Dechert Stricken From Constar Court Record

Hero or bully? Bankruptcy opponents face defining choice

Calpers, Nation’s Biggest Pension Fund, to End Hedge Fund Investments

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Bankruptcy Briefs 9/15/14

Millions Of Americans’ Wages Seized Over Credit Card And Medical Debt

ARM Law Firm Files Motion to Dismiss CFPB’s FDCPA Enforcement Action

Pensions May Be Key to Stockton Bankruptcy Exit

Arkansas Supreme Court: Out-of-State Debt Buyers Must be Licensed

Bankruptcy Alphabet: W is for Wait

Dairy that had filed for bankruptcy rebounding

Mootness, Equitable Mootness, Prudential Considerations, and Statutory Mootness

Detroit, creditor reach bankruptcy deal

Boston group gets $158K grant for bankruptcy help

Scranton Stalked by Bankruptcy Mulls Selling Sewers: Muni Credit

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Bankruptcy Briefs 9/12/14

WILS 1320 Interview with NACBA President Ed Boltz

California Restores Mortgage Debt Relief for 2013

Education Department Demanding Student Debt Payment From Seniors

Private student loan can outlive student

Student Loan Debt Burdens More Than Just Young People

Resource Desperately Needed for Consumer Advocates and some Federal Regulators

Bankrupt San Bernardino, California, can cut firefighter benefits, judge says

Law professor thinks Apple turned self into a regulated financial institution

Party Aggrieved” Requirement for Appeal of a Bankruptcy Court Order

Lehman Brothers to sell $2.5b in bankruptcy claims

More mediation ordered over potential Detroit bankruptcy deal

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Bankruptcy Briefs 9/11/14

House Judiciary Committee Approves Financial Institution Bankruptcy Act of 2014

Lawmakers Seek to Smooth Banks’ Path Through Bankruptcy

Credit score overhaul introduced in House

U.S. Rep. Proposes Sweeping Changes to FCRA, Including Furnisher Mandates

Homeowners steamrolled as Florida courts clear foreclosure backlog

The Government Is Probably Driving Old People Into Poverty by Trying to Collect Their Student Loans

Judge to Warden: Release Marc Dreier (For a Day)

Franchise Brands With Higher-Than-Average Default Rates

Revel Gets $90 Million Offer to Buy Closed Casino

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Bankruptcy Briefs 9/10/14

Canadian Retirement Benefits Excluded from Current Monthly Income

Older Americans Struggle With Student Debt

Sens. Warren, Shelby: Criminal bank execs should face arrest

Isis Wallet Mobile Payments

A Tale of Unbundled Bankruptcy Legal Services

Talks between Archdiocese, bankruptcy creditors continue

Oops: Appeals Court Cites Forgotten Evidence in Ruling

Fed Proposes New Rule, and Wall St. Banks Feel the Pressure

RadioShack: Bankruptcy Imminent

Trustee Questions American Resource Staffing’s Sale

House Hearing to Examine Whether Medical Debt Should Be Included in Credit Reporting System

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Bankruptcy Briefs 9/5/14

Better Business Bureau warns Arizona consumers about student loan consolidation service

Elizabeth Warren, in spotlight, hits ‘Late Show With David Letterman’

Judge dismisses Argosy bankruptcy case

Discussion of recent law suits filed by the Illinois Attorney General against two major student loan providers.

Tomball woman accused of hoarding collies appears in bankruptcy court

Detroit’s Bankruptcy Judge Challenges Major Creditors

AriZona iced tea brand co-founders make final pitch in NY trial

Tucson attorney appointed as federal bankruptcy judge

Mistakes to Avoid When Contemplating Bankruptcy

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NACBA Member Profile: Joshua Cohen

Based on random sampling of NACBA’s membership, the Member Profile strives to answer the question: Who are Consumer Bankruptcy Attorneys? It looks at a variety of economic and demographic characteristics, as well as, business practices and “war stories.” NACBA is and always will be your “Your Practice Partner!”

Allow us to introduce, our “Practice Partner,” Attorney Joshua Cohen of Vermont,  NACBA Member since January 2012.

Joshua Cohen is a solo practitioner whose practice is based in West Dover, Vermont. A graduate of Quinnipiac University School of Law, Josh spent two years as a law clerk at the Consumer Law cohenGroup, a private law firm dedicated to consumer issues. There Josh worked on FDCPA and FCRA issues. During law school, Josh interned at Connecticut Legal Services working on the Consumer Law Project for Elders. In November 2008, Josh went solo, starting his own consumer law firm, which included working on student loan issues. Within a year, Josh had a unique focus on student loan law and within 18 months nearly 90% of his cases involved student loans. Josh has given numerous trainings on student loan law, including CLE and webinar courses for NACBA, NACA, NCLC, and bar associations in Connecticut and Oklahoma as well as legal aid in New Jersey and Vermont. Demand for student loan law is so high that Josh now runs a Workshop to teach consumer attorneys how to help clients with student loan issues. Josh has filed numerous cases, both individual and class actions, against the student loan industry, including companies like Sallie Mae, Citibank, General Revenue Corporation, Van Ru, Enterprise Recovery Systems, Immediate Credit Recovery and GC Services. Josh holds a BA in Psychology from Brandeis University and an MBA from the University of Phoenix. He is a member of the Connecticut and Vermont State Bars, as well as, the Federal Districts of Connecticut and Vermont.

Most challenging case:

My most challenging case was early on in my legal career, having been retained just 3 months after being admitted to the bar. It was a student loan issue. My client was denied a forbearance when she should not have been which led to her loan defaulting and a huge domino effect. It took three years, but resolution was finally reached. It was a claim based on State law. The challenge was dealing with the preemption argument brought by the Defendant – did the Higher Education Act preempt my client’s State law claim. In the end, no it did not. That one decision has paved the way for me and other attorneys working on student loan issues.

Best advice you received from the national listserv:

No such thing. It’s all so helpful, and sometimes daunting to see the amount of information that can be gained on any particular subject.

The NACBA benefit you couldn’t live without:

The listserv. A constant resource for anything and everything that could be needed regarding bankruptcy.

How many years have you been practicing?

I’ve been in practice for six (6) years.

Who is your mentor – who do you look up to professionally?

A variety of folks. I find different mentors for different things. Some know 7’s well, others know 13’s better. Some have great marketing ideas.

What is your favorite part of being a consumer bankruptcy attorney?

Funny question for me. I am just starting to do bankruptcy work, mostly to bring student loan discharge cases. Someone has to do it, why not me?

Name an area of the law that you’d like to learn more about:

Bankruptcy in general. I think it is near impossible to know it all. But the listserve makes it unnecessary as there is always a few experts in different areas that can help.

For further information on solving student loan issues, you can contact Joshua Cohen via his website http://thestudentloanlawyer.com/ or Twitter http://twitter.com/studentloanlaw

Bankruptcy Briefs 9/4/14

CFPB Ramps Up Scrutiny of Credit-Card Issuers

Federal Program Helps Keep Some Delinquent Borrowers in Their Homes

Who is Judge Steven Rhodes?

Were You Foreclosed on in North Carolina? You May Be Owed Money!

Developer Jack Antaramian’s company files for bankruptcy protection

Detroit’s historic bankruptcy trial to begin

Leafs Ice Center bondholders could lose big from bankruptcy plan

Trump Taj Mahal May Be Headed for Bankruptcy

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Bankruptcy Briefs 8/26/14

Student Loan Debt Lasts a Lifetime

The Economic Well-being of U.S. Households

CFPB Takes Action Against Global Client Solutions for Processing Illegal Debt-Settlement Fees

Cosigning a student loan risky for parents

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