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Bankruptcy News Briefs 4/12

A Glimpse Into the Consumer Bankruptcy Journal

Everyone is talking about the newly appointed Supreme Court Justice, Neil Gorsuch, but what does his appointment mean for bankruptcy cases? Read Professor Jason Killborn’s article, “What to Expect From Justice- To-Be Gorsuch on Bankruptcy,” where he discusses three bankruptcy cases and gives insight on what bankruptcy attorneys and their clients may expect from Supreme Court Justice Gorsuch in his tenure.

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Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today!

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In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the Requirements and start referring today!

It’s a New Month! Renew Your Membership to Enter This Awesome Giveaway!

Renew your membership in April and be entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month

Bankruptcy News Briefs 4/10

Navient Lawsuit Challenges Student Loan Bankruptcy Laws

Consumer Credit Delinquencies Fluctuate in Fourth Quarter

Consumers Bait Collectors With New Script to Manufacture FDCPA Claims

The US college debt bubble is becoming dangerous

Debtor’s Prepetition ParentsPlus Loans for his Children to Attend Penn State were Not Fraudulent Transfers that Trustee Could Avoid

CFPB Office of Consumer Response Provides Updated Complaint Trends in Annual Report

Credit and Collection Industry Pushes Back Against Inflammatory Statements of CFPB Director at House Hearing

House Subcommittee Continues Critique of CFPB

Misstated Summons Did Not Create FDCPA Violation

Consumer borrowing up solid $15.2 billion

Industry groups, lawmakers slam Dodd-Frank, CFPB

Debt collector returns $2.7 million to victims

Consumer debt growth can’t outpace wages forever: James Saft

The New Shape of US Household Debt

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Bankruptcy News Briefs 4/6

CFPB Director Cordray’s Testimony Gets Off to a Heated Start

Court Rules FDCPA Statute of Limitations Begins When Violation is Discovered

Public Defender who was Employed and Eligible for Public Service Loan Forgiveness Failed the Brunner Test to Discharge Student Loans

The New Shape of US Household Debt

New concerns about growing consumer debt

Advocates worry new IRS debt collection service leads to fraud, confusion

Consumer accuses debt collector of false, deceptive communication

$1.90 Can’t Buy You an FDCPA Violation

Republicans accuse CFPB of dawdling on Wells Fargo probe

Judge Rules with Plaintiff in Credit Suisse Suit

Res Judicata Does Not Bar Post-Confirmation Objection to POC

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A Glimpse Into the Consumer Bankruptcy Journal

When a client files for bankruptcy there are a number of emotions associated with this sometimes turbulent times. In Eric Olsen’s article, “Counseling Bankruptcy Clients About Guilt and Debt,” gives a unique perspective on this important topic as a bankruptcy attorney.

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Bankruptcy News Briefs 4/5

Collectors Take Note: FDCPA Litigation Over Letters Continues

Will FCC Loss in Junk Fax Case Have Positive Impact on TCPA Cases?

When a tax refund means bankruptcy

CFPB Director Richard Cordray will Testify Before House Financial Services Committee

The Week Ahead: Hope For Credit Growth

CFPB: Mortgage Complaints Up Slightly From 2015

IRS will use private debt collectors, but warns of potential scams

What JPMorgan CEO Dimon gets wrong about the student debt crisis

Vermont Lawyer Jean Murray Takes on the Debt-Collection Industry

Annual survey finds consumers have more credit card debt, less in retirement savings

Divorce and Credit Card Debt

Caveat creditor: Risks of filing an involuntary bankruptcy

Many Americans use tax refund to pay for bankruptcy filing

5 alarming facts about America’s $1.3 trillion in student loan debt

Student-Debt Overhang Is Pushing Down U.S. Rates, Dudley Says

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Bankruptcy News Briefs 3/31

Appeals Court Affirms Ruling Against Debt Buyer for Misleading Out-of-Stat Collection Letter

Trump’s DOJ Ditches Defense of CFPB

FTC Returns Funds to Debt Collection Scheme Victims

Student Loan Forgiveness Program Approval Letters May Be Invalid, Education Dept. Says

CFPB Head Discusses Dodd-Frank

Student Loan Debt Collectors Not Eager To Charge Fees Reinstated By Trump Administration

The IRS Has Hired A Debt Collector That Is Being Sued By The Government

Consumer sues Indiana debt collector

Trump’s Student Loan Default Penalty Has an Unlikely Foe

Unemployment Benefits Included as Income in Ch. 13 Plan

Creditor’s Accurate Post-Petition, Pre-Discharge Report to Credit Reporting Agency of Outstanding Balance did Not Violate Stay

Incarcerated Man Not Eligible for Chapter 13 Bankruptcy

Chapter 13 Debtor Can Keep Income Tax Refund

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NACBA Membership Promotion! Last Day to Renew for March to Be Entered Into the Giveaway!

Renew your membership this month and be entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month

Bankruptcy News Briefs 3/30

Court Rules Debt Buyer’s Small Claims Court Judgment Waived Right to Arbitration in Class Action Suit

Mere Retention of Property Does Not Support Stay Violation

What is the most likely outcome for the CFPB?

Nationstar’s “Soft Pulls” of Discharged Debtor’s Credit Reports did Not Violate FCRA where Servicer had Legitimate Need to Pull Report

CFPB Reports Consumers Complain About Disputed Credit Card Charges

Debt Collection Complaints Surge Compared to Early 2016

Senate Judiciary Committee Passes Private Student Loan Debt Bill

Student loan defaults might add up to more debt

Bankruptcy Beat: New York Bankruptcy Court Prohibits Stripping of Mortgage Lien Against Debtor’s Multi-Family Residential Real Estate, Setting Up Split of Authority With District of Connecticut

Bank of America ordered to pay $46 million for foreclosure tactics used against Lincoln couple

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Bankruptcy News Briefs 3/29

CFPB Quietly Issues 2017 FDCPA Report to Congress

E-ZPass Collector Wins Dismissal; Court Rules Tolls Not Debts Under FDCPA

CFPB: Credit Card Complaints Focus Most Often on Billing, Fraud

Caddis Funding accused of violating debt collection laws

When Trustee Abandoned Debtor’s Home, he also Abandoned the Proceeds from Post-Petition Foreclosure Sale of Debtor’s Home

JPMorgan Chase’s head economist sees bright outlook for consumers

Wells Fargo Strikes $110M Settlement Deal in Fake Accounts Cases

Can a Creditor’s Inaction Violate the Automatic Stay?

Credit Reporting Remains a High Priority for the CFPB

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Bankruptcy News Briefs 3/28

Financial Fragility of U.S. Households in Latest Fed Survey Remains Neutral

Court Erroneously Requires that Exemption Attach to Equity

Dems working with GOP on consumer bureau revamp

Trump Administration Continues To Indicate Tide Change Away From Support Of The CFPB

CO lawmakers want to give consumers more protection against “zombie-debt” collectors

State AGs Ask Supreme Court to Spark Major Expansion to Scope of Federal Debt Collection Law

Defaulting on some student loans gets more costly

Bank of America ordered to pay $46 million to Lincoln couple for wrongful foreclosure

Consumer Confidence Doesn’t Reflect Facts

“Singular” Cases on Nondischarge and Dischargeability

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Bankruptcy News Briefs 3/27

Out of Stat Debt Case Offers Three Lessons to Collectors

FTC Settles With Collector Over Multiple Alleged FDCPA Violations

TCPA Defendant Settles Class Claims on Individual Basis Following Counterclaims for Harassment and Racketeering

Court Issues $45m Punitive Damages Award Against BofA

Chapter 13 Debtor’s Complaint Stated a Claim that Bank was Bound by Confirmed Plan

Send The Prepaid Card Rule To The Shredder

State AGs Ask Supreme Court to Spark Major Expansion to Scope of Federal Debt Collection Law

Six Graphs that Reveal Big Problems for Student and Auto Loans

Residents in these 10 states have the highest average credit card debt

Don’t Sleep on the Trump Administration and Student Loans

Judge Limits Retirement Funding in Chapter 13 Plan

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NACBA25 Highlight

Another Awesome Session at NACBA25!

This panel consisting of Sarah Bolling Mancini, Michelle Kainen with moderator Greta LaMountain Biagi will delve into the most recent case law enforcing and interpreting Rule 3002.1 to deal with mortgage cure issues, including the PHH Mortgage decision (litigated by panelist Michelle Kainen) in which the Bankruptcy Court of Vermont imposed a $375,000 sanction for the creditor’s repeated failure to comply with Rule 3002.1 in three chapter 13 cases. We will also discuss recent cases in which chapter 13 trustees have sought denial of the discharge based on post-petition mortgage payment defaults identified through Rule 3002.1 notices. The panel will also highlight recent (and proposed) changes to the rule.

Presenters

Michelle Kainen

Michelle Kainen was admitted to practice in Vermont in 2003 and in New Hampshire in 2008. Michelle has been a solo practitioner since 2007. She practices in the areas of tax, criminal defense and bankruptcy law (debtor representation). Michelle received her B.A. in Psychology from San Diego State University. Michelle received her Masters Degrees in Social Work and Accounting also from San Diego State University. She completed Vermont’s Four-Year Law Office Study Program in lieu of a traditional law school program. From 2008 – 2012 Michelle served as the chairperson of the Bankruptcy Section of the Vermont Bar Association. She is the NACBA State Chairperson for Vermont. Michelle also teaches Accounting and Psychology courses at the Community College of Vermont. Michelle has a number of published decisions on pivotal issues impacting the rights of debtors in bankruptcy.

Sarah Bolling Mancini

Sarah Bolling Mancini is Of Counsel for NCLC half-time, focusing on foreclosures and mortgage lending, and works half-time as an attorney in the Home Defense Program of Atlanta Legal Aid. She has experience representing homeowners in bankruptcy cases and litigating in state, federal district, and bankruptcy courts. She also clerked for the Honorable Amy Totenberg, U.S. District Court for the Northern District of Georgia. Sarah is a member of the Georgia Bar. She received her B.A. in public policy from Princeton University and her J.D. from Harvard Law School.

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National Association of Consumer Bankruptcy Attorneys

consumers

Bankruptcy News Briefs 4/12

Bankruptcy News Briefs 4/10

Bankruptcy News Briefs 4/6

Bankruptcy News Briefs 4/5

Bankruptcy News Briefs 3/31

Bankruptcy News Briefs 3/30

Bankruptcy News Briefs 3/29

Bankruptcy News Briefs 3/28

Bankruptcy News Briefs 3/27

NACBA25 Highlight