consumers

Bankruptcy News Briefs- 6/26

Check out these post-hearing bankruptcy & consumer headlines…

NACBA Calls to Restore the Student Loan Bankruptcy Discharge

Hey, robocallers, take this: FTC, Illinois, other states announce major crackdown on spam calls

Antitrust Subcommittee Hears Testimony on Student Debt Crisis, Bankruptcy Reform

Consumer Advocates: Bankruptcy Law Governing Payment of Debt Is Squeezing the Most Vulnerable

The ‘after’ picture of student loans: Credit card debt, smelly cars, pawn shops to make ends meet

When Patients Can’t Pay, Many Hospitals Are Suing

Canceling Student Loan Debt Doesn’t Make Problems Disappear

SCOTUS Adopts “No Fair Ground of Doubt” Standard for Violations of Bankruptcy Discharge Order

Hospitals Earn Little From Suing For Unpaid Bills. For Patients, It Can Be ‘Ruinous’

Lawmakers Reconsider Bankruptcy for Student Loans

Student loan borrowers who say they were defrauded sue Betsy DeVos for failing to cancel their debt

CFPB Signals Greater Clarity Coming for Abusive Standard

Two-thirds of American employees regret their college degrees

The Moral Hazard Of Student Loan Forgiveness

This debt could force you into bankruptcy, and it’s not student loans

Delgado: Raise bankruptcy debt caps for farmers

REGISTER FOR NACBA’S LIVE WEBINARS!

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.

Introduction to Bankruptcy, Chapter 7 and Chapter 13 Online Workshop
Date: July 26, 2019
Time: 3:00 PM EST – 6:00 PM EST
Cost: $99 Member / $149 Non Member
Presenters: Edward Boltz, Esq., Hal Nemeth, Esq. & James Haller, Esq.
Register HERE

Bankruptcy is a world unto itself. This webinar is designed to introduce practitioners to the bankruptcy landscape and will cover the basics of chapter 7 and chapter 13, the difference between the two, and factors to consider when recommending one chapter over another. This program will give new attorneys and staff an introduction to bankruptcy practice.

Why You Should Attend: Let NACBA introduce your attorneys and staff to the practice of the Bankruptcy Code.

JOIN US IN DIFFUSING THE STUDENT DEBT BOMB

Visit studentdebtbomb.com to learn more

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Bankruptcy News Briefs- 5/31

Jumpstart your weekend with the following briefs…

Bankruptcy Court Denies Motion To Revoke Discharge Because Creditor’s Address Was Mangled

Buried in Student Debt? Here’s How to Play Catch-Up.

CFPB Adds To Senior Leadership and Executive Teams

This company wants to help shave $6,200 off your student loans

Texas federal court again continues stay of CFPB payday loan rule and stay of compliance date

Burger King contest pledges up to $250K in student debt relief

Consumer Financial Protection Bureau Proposes Regulation Implementing Fair Debt Collection Practices Act

House Financial Services Committee Sets Hearing on Debt Collection Legislation

To Call or Not to Call: the NPRM’s Proposed Call Frequency and Time/Place Limitations

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!

Advanced Topics in Chapter 13 Online Workshop
Date: June 20, 2019
Time: 3:00 PM EST – 6:00 PM EST
Cost: $99 Member / $149 Non Member
Presenters: Trish Mayer Esq., Summer Shaw, Esq. & James Haller Esq.
Register HERE

This panel is in response to the statement, “teach me something I didn’t know.” Designed for attorneys who are already seasoned or strive to be, the program will give participants new and innovative weapons with which to assist their clients.

  • Small Business Ch. 13 Issues
  • Business debtor’s reporting and accounting
  • Valuing a sole proprietorship and “collapsing” the business entity
  • Early withdrawal tax penalties as non-priority claims
  • Election of short tax year to create pre-petition tax debt in a chapter 7
  • 1099-C issues
  • Proper application of prior-case payments in refiled chapter 13 cases
  • “How to” lien strip an unsecured mortgage, including service and discharge issues

Why You Should Attend: Chapter 13 is easy. Its just filling out a bunch of forms and handing them (and the debtor) to the Trustee. WRONG! Chapter 13 is more complicated and offers more opportunities for the creative and aggressive attorney than any other bankruptcy. Find out how to be that attorney, so that your competition doesn’t steal all of your potential clients.

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.

Introduction to Bankruptcy, Chapter 7 and Chapter 13 Online Workshop
Date: July 26, 2019
Time: 3:00 PM EST – 6:00 PM EST
Cost: $99 Member / $149 Non Member
Presenters: Edward Boltz, Esq., Hal Nemeth, Esq. & James Haller, Esq.
Register HERE

Bankruptcy is a world unto itself. This webinar is designed to introduce practitioners to the bankruptcy landscape and will cover the basics of chapter 7 and chapter 13, the difference between the two, and factors to consider when recommending one chapter over another. This program will give new attorneys and staff an introduction to bankruptcy practice.

Why You Should Attend: Let NACBA introduce your attorneys and staff to the practice of the Bankruptcy Code.

Bankruptcy “Law and Order” Edition: Fifth Amendment and Bankruptcy
Date: August 8, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Edward Boltz, Esq., Hal Nemeth, Esq. & James Haller, Esq.
Register HERE

To prevent malpractice, you need to know how to protect yourself and your client from potential criminal prosecution. This webinar will review the 5th amendment, its use in bankruptcy proceedings, and best practices.

Why You Should Attend: In the criminal bankruptcy system, people are instigated by separate two equally powerful groups: The UST, who investigates crime, and the U.S. attorneys, who prosecute the offenders. These are their stories. Learn how and when you and your client are protected by the 5th Amendment in bankruptcy proceedings.

Crossing Paths: The Intersection of Reverse Mortgages and Bankruptcy
Date: August 15, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The senior population of the United States is expected to grow rapidly over the next twenty years. Rather than enjoying their golden years, increasingly older Americans are struggling with less income, greater debt and insufficient retirement savings. The average amount of debt held by seniors has soared over the last decade. Many now rely on credit cards to cover their basic living expenses. Rising mortgage debt has compromised the use of home equity as a retirement nest egg. There are few easy solutions. Two tools available to seniors to combat financial distress are reverse mortgages and bankruptcy. Reverse mortgages allow seniors to tap their home equity to pay off outstanding debts or supplement monthly income. Bankruptcy provides an opportunity to obtain a fresh start by discharging certain debts or adjusting one’s financial affairs. The two options—reverse mortgages and bankruptcy—are not mutually exclusive.

Why You Should Attend: Learn how to best help your older clients by understanding the intersection between reverse mortgages and bankruptcy and when they can work together to prevent foreclosure or put a senior on more solid financial footing.

Criminal Justice Debts and Civil Fines in Bankruptcy
Date: September 19, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Tara Twomey, Esq. & James Haller, Esq.
Register HERE

For criminal justice debtors and those with civil fines, bankruptcy can be a powerful tool. It may eliminate the obligation to repay these debts or provide an orderly mechanism for repaying certain debts that cannot be discharged. Bankruptcy can also open the door to relief, such as expungement, record sealing, or restoration of a driver’s license, that may otherwise be unavailable due to outstanding debt. This webinar will provide an overview of the application of bankruptcy law to criminal justice debt and civil fines.

Why You Should Attend: Not all criminal justice debt and civil fines are created equally. Learn about the different kinds of criminal justice debt and civil fines, including which are dischargeable in bankruptcy and which are not.

DIFFUSE THE STUDENT DEBT BOMB!

Have you checked out NACBA’s latest project #STUDENTDEBTBOMB.com? Here we provide information on the $1.5 trillion problem, FAQs, how to contact your representative, & current cosponsors of H.R. 2648 & S. 1414 Student Borrower Bankruptcy Relief Act of 2019.

Stay up to speed by liking us on Facebook and following us on Twitter & Instagram. Together we can help diffuse the growing student debt bomb!

Bankruptcy News Briefs- 4/09

Today’s consumer and bankruptcy headlines are…

Department of ED vs. Collection Agencies Saga Will Come to a Head on April 16

11th Circuit: Letter Offering to “Resolve” Out of Stat Account Contains Implicit Threat of Litigation, Requires Out of Stat Disclosure

‘Lousy system’: U.S. official who resigned explains how the student debt crisis got so bad

9th Circuit Holds Creditor May be Vicariously Liable for Debt Collectors’ Alleged TCPA Violations

Student-Debt Relief a Personal Issue for Many Lawmakers

JPMorgan CEO Jamie Dimon Calls Student Loans ‘Significant Issue’

To target ‘bad actors,’ CT demands data on student lenders from DeVos

CFPB Director Kraninger to serve as FFIEC Chairman

DON’T MISS NACBA’S UPCOMING LIVE WEBINARS!

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 US AT #NACBATheLand!

Register today!

Bankruptcy News Briefs- 4/03

The month of April’s first news briefs are…

Bankruptcy Court Cites Achilles in Well-Heeled Analysis of Sovereign Immunity for the State Revenue Department

Supreme Court opens door (a bit) to argument that in rem foreclosures not covered by FDCPA

Taxpayers Could See IRS Improvements Under Bipartisan Bill

Consumers First Act, Aimed to Bring CFPB Back to Statutory Purpose, Passes in House Financial Services Committee

CFPB Releases 2018 HMDA Data

8 things to know about a reverse mortgage

Fox Business: What Seniors Should Know Before Taking a Reverse Mortgage

How Student Loans Impact Your Taxes

Education Dept. rejects vast majority of applicants for temporary student loan forgiveness program

Young Americans Faring Less Well in Credit Markets, New York Fed Report Finds

Bankruptcy Filings Indicate Times Are Tough For Many U.S. Farmers

House Holds Hearing on Proposed Expansive FCRA Changes

Arbitration Gets the Spotlight at Senate Judiciary Hearing

Looking under the hood of U.S. household debt

DON’T MISS NACBA’S UPCOMING LIVE WEBINARS!

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!

Bankruptcy News Briefs- 3/13

Dive into today’s midweek news briefs…

11th Circuit Affirms that a Final Discharge Order Moots Creditor’s Appeal of Dismissed Dischargeability Complaint

Trump’s Budget Proposal Could Increase College Student Debt, Raise Costs

How to take action on a debt you do not owe

Trump wants colleges to have ‘skin’ in student loan debt game

Here’s The Real Difference Between Good Debt And Bad Debt

Trio of New York Bills Would Extinguish Debt, Require Licensing and Impose Additional Requirements in Collection Litigation

Kraninger Testimony Before Senate Banking Committee Focuses on Data Privacy, CFPB Structure, Student Loans, Military Lending Act, and Payday Lending Rule

Student Loans Change Lives

Imposter Scams Top FTC’s List of 2018 Consumer Complaints

2nd Circuit rules for N.Y. debt collector in lawsuit over disclosures

Democrats attack Trump’s CFPB director for reopening payday lending rule

Lawmakers blast Wells Fargo chief over response to scandals

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!

 

Bankruptcy News Briefs- 3/08

Start your weekend early with the following news briefs…

Bankruptcy Court Approves Higher Hourly Rate for Attorney Who Attended CLE

Kansas Bankruptcy Court Denies Motion to Extend Deadline to Object to Discharge When Debtor Has Been Cooperative, Courts in the 10th Circuit Must Strictly Enforce the Discharge Objections Deadline.

Move To Pull Consumer Protection Rule Heightens Debate Over Payday Lending

Consumer watchdog agency and its leadership under scrutiny

Lawmakers zero in on student loan oversight at CFPB

Lawmakers Propose Bill to Help Disabled Veterans Who Seek Bankruptcy

U.S. Consumer Debt Rose in January on Credit-Card Borrowing

U.S. Household Wealth Slumped in Fourth Quarter While Stocks Fell

How Student Loans Affect Your Credit

Durbin reintroduces bill to end student loan debt crisis

46% of Millennial Borrowers Don’t Want Their Kids to Have Student Loans: Survey

REGISTER FOR NACBA’S UPCOMING LIVE 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.

Bankruptcy News Briefs- 2/05

The first news brief of February includes…

Student Loan Debt Growth Fastest Among Boomers

CFPB enters into settlement with off-shore lenders

What to Do If You Thought You Had Repaid Your Student Loans — And Then Get New Bills

Seniors, too, are drowning in student loan debt

Millennial Money: Student loan default can gut your paycheck

CFPB Seeks Approval For Debt Collection And Household Balance Sheets Surveys

Triple-Whammy Petition Before U.S. Supreme Court: Written Requirement for Disputes, Reason for Dispute, and Whether “Least Sophisticated Consumer” is a Question of Law or Fact

CFPB Publishes Informal Guidance on the TRID Rule

SPECIAL REPORT: Life or debt? Medically bankrupt

DON’T MISS NACBA’S UPCOMING LIVE WEBINARS!

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 HERE

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.

Chapter 13 Attorney Fees
Date: March 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Edward Bolts Esq. & James Haller, Esq.
Register HERE

How to get paid prior to secured creditors and for work performed at the end of the case.

Why You Should Attend: You want to get paid for work done during the case in a timely manner and a fair amount.