Consumer

Bankruptcy News Briefs 2/5

Headlines Kicking Off the New Week…

Court Denied Creditor’s Dismiss Chapter 7 Case under §707(a) Since it was Not Bad Faith to File Case to Discharge One Substantial Debt

Debtor’s Obligation Related to First-time Home-buyer Tax Credit was Dischargeable Debt

Disturbing Report of Consumer Bureau Pull-Back on Equifax Investigation Compels Increased Efforts to Protect Consumers’ Data

New York Bankruptcy Courts Hold That a Debtor’s Failure to Make Postpetition Loan Payments is a Basis for Granting Relief from the Automatic Stay

Hard Lessons From the Federal Student-Loan Program’s Coming $36 Billion Shortfall

CFPB Is Constitutional But Makes $100 Million Mistake in Interpreting the Law

NY Court Dismisses Credit Union Suit Against Mulvaney

Mulvaney to Move CFPB’s Consumer Response; ACA Puts Complaints in Perspective

House Subcommittee Examines Fintech

More Than Half of Americans Fear Medical Bills as Much as Health Issues Themselves

Consumer Financial Protection Bureau appears to shed its aggressive reputation

Seventh Circuit Rejects Use of Miller “Safe Harbor” Language When a Debt Cannot Increase

Tenth Circuit Joins the Fray Regarding Whether Foreclosures Are Debt Collection Activity

Opinion: Is consumer debt the bubble that finally ends the economy’s strong run?

Register for February’s Webinar!

Circuit Case Law Update
Date: Thursday, February 8, 2018
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 Minutes)
Cost: Free for NACBA Members
Presenters: Jim Molleur, David Shaev, Trish Meyer, Koury Hicks, Behrooz Vida, Brian Flick, David Yen, Wendell Sherk, Stanley Zlotoff, Jill Michaux and Nathan Juster.

Register HERE

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM Pacific (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner and Henry Sommer

Register HERE

Hang Out at the Watercooler

Dive into Ruby Receptionist newsletter, the Watercooler to get tips that you can implement in your day to day business!

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 1/31

Midweek Headlines Making News…

Bank Card Default Rate Continues to Increase

Congress Holds Hearing on Fintech; 77 Million Left Out of Discussion

Attorney Could Not Cover Fees from Debtor under Quantum Meruit Theory where Attorney Violated Ethical Rules

How Much Notice is Enough?

Getting Millennials to Pay their Balance Medical Bills May Require a Revolution, TransUnion Study Suggests

TCPA Case Law Review for December 2017

Court Ruling on CFPB Director Deals Blow to Trump Administration

Appeals Court Rules CFPB Structure Is Constitutional

COLLEGE LOAN DEFAULT RATES RISE 20 YEARS AFTER ENROLLMENT

Utah District Court says FDCPA does not bar state law claims

Fifth Circuit rules that loan-modification discussions resulting in foreclosure do not violate TDCA

Jared Kushner Act’ aims to curb use of arrests for debts in Maryland

Senator Kamala D. Harris Joins Democratic Colleagues in Raising Concerns Over Private Debt Collectors in Higher Education

Register for February’s Webinar!

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM PACIFIC (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner and Henry Sommer

Register HERE

Hang Out at the Watercooler

Dive into Ruby Receptionist newsletter, the Watercooler to get tips that you can implement in your day to day business!

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 1/29

New Week Fresh Headlines…

Consumers’ Outlook on Finances, Credit Availability Improves

7th Cir. Holds Debt Collector Violated FDCPA Despite Using Miller Safe Harbor Language

District Court Reverses Bankruptcy Court’s Discharge of Student Loans Since Debtor Failed to show that it is more likely than not that she’ll be Unable to Maintain a Minimal Standard of Living for a Significant Portion of her Loan Term

Court used FRBP 9006, Not Equitable Power, to Strike Debtors’ Amended Schedules (which had Exempted Previously Undisclosed Lawsuit)

SCOTUS: State Statute of Limitations Pauses for Federal Court

CFPB Finalizes Changes to Prepaid Accounts Rule and Extends Effective Date

Industry Groups File Responses to FCC Call Blocking Notice

President Trump Submits Four FTC Nominations to U.S. Senate

Personal finance: Is there such a thing as a debtor’s prison?

Court Applied Chapter 11 Principle to Deny Chapter 13 Debtor a Second Chance to Cure Balloon Mortgage

Opinions: How Mick Mulvaney is dismantling a federal agency

Court Won’t Let Bank of America “Buy and Bury” Judgment Against It

CFPB Retrospective—Five Enduring Lessons, Even After Cordray’s Departure

Instead of ‘pushing the envelope,’ Mulvaney is mailing it in at CFPB

How Student Loans Are Killing Homeownership

Western District of Wisconsin Ranks 1st in the Nation in Chapter 12 Farm Bankruptcy Filings in 2017.

Limiting Ponzi Scheme Recoveries in Bankruptcy: United States Supreme Court Declines to Review Fraudulent Transfer Ruling in Favor of Bank

Register for February’s Webinar!

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM PACIFIC (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner and Henry Sommer

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 1/25

Take a Look at the Headlines Making News…

CFPB to Prioritize Debt Collection Rulemaking

President Announces Intent to Nominate FTC Acting Chairman as Federal Judge

Debtor Could Not Strip-off Liens Where all of Bank’s Liens were part of a Larger Single Mortgage, Secured by a Debtor’s Principal Residence

CFPB Asks for Feedback About its Investigative Process

CFPB Likely to Focus on Debt Collection Rather Than Payday Loans

The CFPB Is Now the Predatory Lender Protection Bureau

Cashcall To Pay Only $10 Million Of $287 Million Sought By CFPB

Student loan debt: Not just for kids anymore

Register for February’s Webinar!

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM PACIFIC (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner and Henry Sommer

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 1/24

Check Out Midweek Headlines…

Court Denied Debtor’s Motion to Reopen Case to Add Omitted Creditors since it would be Futile and a Waste of Judicial Resources

Debtor’s Product Liability Claim Arising out of Pre-petition Hip Replacement was Not Property of the Estate

U.S. Supreme Court Declines to Hear Case Challenging the Seventh Circuit’s Treatment of Letters Seeking Collection of Out-of-Statute Debt

FTC Acting Chairman Reports on Small Business Guidance, Regulatory Reform Efforts

Three key changes for bankruptcy procedures in 2018

U.S. Department of Justice Responds to CFPB Deputy Director’s Motion

The IRS’s ability to deny or revoke the Passports of Taxpayers with significant tax debts is one of the Most Serious Problems Encountered by Taxpayers

CFPB Appeal To Unseat Mulvaney Gets Expedited

7th Circuit says debt collectors cannot simply copy and paste safe harbor language

Bankruptcy Court Holds Credit Union Policy Does Not Violate Discharge Injunction

U.S. District Court for the Southern District of Florida Narrows the Definition of Borrower Under RESPA

Mulvaney Suggests Debt Collection Rules May Be Coming

Under Trump Appointee, Consumer Protection Agency Seen Helping Payday Lenders

Harris, Democratic Colleagues Raise Concerns Over Private Debt Collectors in Higher Education

Getting Private Collection Agencies Out of Federal Student Loans

Is the US consumer in big trouble?

Don’t Miss Today’s Webinar!

How to Raise and Support a Request to Increase the Chapter 13 Flat Fees in Your District.
Date: Thursday, January 25, 2018
Time: 3:00 PM Eastern / 12:00 PM PACIFIC (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Pam Stewart and Edward Boltz

Register HERE

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM PACIFIC (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner and Henry Sommer

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 1/19

 

Start Your Weekend With Fresh Headlines…

Mick Mulvaney’s Budget Request for the CFPB? $0.

Objection to Claim Cannot be used to Seek Judicial Determination of the Validity or Extent of a Lien; Adversary Proceeding is Required

Consumer Financial Protection Bureau Drops Lawsuit Over 950% APR Loans

Total Bankruptcy Filings Decline in Calendar Year 2017

Debtor May Exempt 100% FMV When Value Does Not Exceed Statutory Cap

National Consumer Law Center Attorney Will Testify before U.S. Senate Committee on Financial Aid Simplification and Transparency on January 18

CFPB to Undertake Comprehensive Review of All Functions

Payday Rule Pullback is Another Example of CFPB Deregulation

Americans’ money worries before and in retirement are rising

CFPB Announces Reconsideration of Rule for Small Dollar Lending Market

CFPB Director Seeks Input On Operations

In bizarre reversal under Trump, consumer agency reveals moves to protect payday lenders

Supreme Court declines to review case over collecting stale debt

Bill would create ‘student loan advocate’

Delaware Court Rules Fraudulent Transfer Recoveries Are Not Capped At The Amount of Creditor Claims

NACBA’s Webinar Lineup!

How to Raise and Support a Request to Increase the Chapter 13 Flat Fees in Your District.
Date: Thursday, January 25, 2018
Time: 3:00 PM Eastern / 12:00 PM PACIFIC (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Pam Stewart and Edward Boltz

Register HERE

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM PACIFIC (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner and Henry Sommer

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!