Convention

Bankruptcy News Briefs- 4/23

Read today’s headlines featured below…

Bankruptcy Court Determines Redemption Value of Frankenstein Truck

6th Circ. Remands Casino Case After High Court Ruling

Woman at center of lawsuit slams debt collection company for ‘misrepresenting facts’ as hearing is postponed

District of New Jersey Denies Consumer’s Motion for Summary Judgment on FDCPA Claim

Court Denies PCAs’ Motion to Prevent Account Recall by Department of Education

New CFPB Rule Provides Enforceable Protections for Prepaid Cards

Homeowners Hurt by Mortgage Scam Seek Role in Ditech Bankruptcy

Elizabeth Warren Wants To Erase Most Student Loan Debt

Report: help ‘urgently’ needed to address growing student loan debt

1 in 4 young people dip into 401(k)s to pay off debt—here’s why that’s a problem

Trump-Appointed Official Promises Full Push to Overhaul Plumbing of Mortgage Market

Bipartisan Group Of Lawmakers Aim To Ease Chapter 12 Bankruptcy Rules

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!

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.

JOIN US IN CLEVELAND AT #NACBATheLand!

REGISTER NOW!

Bankruptcy News Briefs- 4/16

Included in today’s headlines are…

The Biggest Reason You Should NEVER Use Your 401(k) to Pay Off Debt

Congress Must Stop the Seizing of EITC Tax Refunds to Pay for Defaulted Student Loans

Eleventh Circuit Issues Must-Read FCRA Decision

Bruckner et al. article on when the DOE should not contest the discharge of student loans

Americans fall short in financial literacy

Here’s What The 2020 Presidential Candidates Say About Your Student Loans

Mick Mulvaney’s Master Class in Destroying the Government From Within

CFPB Denies Duty To Enforce Military Lending Act

California Assemblywoman Explores Creation of State-Level CFPB in Press Conference with Cordray

CFPB Settles with Law Firms over Debt Relief Fee Allegations

OMB Guidance on CRA Compliance Imposes New Rule Review Requirements on Independent Agencies

Credit Reporting Debts in Bankruptcy: Deluge of Recent Lawsuits Reveals Risks for Financial Industry

Consumer not Entitled to Appellate Attorney Fees if Benefit is Solely for Attorney, According to 11th Circuit

Parent Loans for College Are Skyrocketing — and 62% of Families Are Borrowing More Than What the Government Says They Can Afford

Rethinking Federal Lending to Parents

District Court Rules “Informational Injury” Sufficient to Confer Article III Standing

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!

HAVE YOU REGISTERED YET TO JOIN US AT #NACBATheLand?

Check out the jam-packed schedule and register now!

Bankruptcy News Briefs- 3/12

Tuesday’s news briefs read…

As Feds ignore student debt crisis, states like Md. step in

6 Bold Student Loan Reforms To Watch For In 2019

White House Revives CFPB Restructuring Call In 2020 Budget

Members of Congress are rich with student debt

Trump Proposes To End Student Loan Forgiveness Program

Key Post-Henson Decision Holds Debt Buyer Is a “Principal Purpose” Debt Collector

Education Dept. faces 10% funding cut under Trump’s 2020 budget proposal

CFPB Says 5th Circ. Case Looms Over Payday Rule Suit

Third Circuit Holds that Debt Purchasers Can Qualify as Debt Collectors

Transcript of Teleconference in Dept. of ED NextGen Case Reveals Maddening Exchange

New Jersey Judges Change Their Minds on 1692g Written Dispute Issues: One Case Dismissed, Another Certified for Interlocutory Appeal

As debt climbs in US, the next financial crisis you should worry about is your own

That company promising to fix your credit score? It could be a scam

Supreme Court Grants Certiorari in Case That Could Increase FDCPA Litigation

FTC and CFPB reauthorize MOU

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.

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?

SEE YOU IN CLEVELAND!

#NACBATheLand is taking place from May 16-19, 2019. Register today!

 

Bankruptcy News Briefs- 9/04

It’s September! We kick off this month with the following headlines…

’90s College Kids Are Middle-Aged And Still Juggling Student Loan Debt

Man terminates car lease under special promotion. Then a collection agency came knocking.

Why should you watch Brett Kavanaugh’s confirmation hearings? Here’s where he stands on key issues

How the Midterms Could Impact Medicaid

The financial problem that just won’t die: Student loans

IRS ruling on student-debt help could prompt other plans to act

Teachers, Already in Debt, Spend Money They Don’t Have on Their Students

It Might Be Hard for Millennials to Feel Like an Adult When They Struggle With Student Loans

Back-to-School Sadness: Top 10 Colleges Whose Graduates Hold the Highest Student Debt

Which Student-Loan Repayment Plan Is Right for You?

What happens to student loans when borrower dies?

California Puts Customers on Hook for Utility’s Wildfire Liability

 

REGISTER FOR NACBA’S SEPTEMBER WEBINAR!

How to Value Assets in Bankruptcy
Date: September 27, 2018
Time: 4:00 PM Eastern / 1:00 PM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-NACBA
Presenters: Gene Melchionne, Esq. & Jim Haller, Esq.

Register HERE

What are the fastest least expensive methods to get accurate values for your client’s assets? Gene and Jim will discuss time tested methods to determine values on real estate, vehicles, and other property. Join us to learn how to save time and money while increasing the accuracy of your information.

SAVE THE DATES! MAY 16-19, 2019 #NACBATheLand

Bankruptcy News Briefs- 8/10

It’s finally Friday! Let’s close out the week with the following…

Military Lending Improvement Act of 2018 Introduced in the U.S. Senate

Treasury Recommends Sweeping Regulatory Changes for Consumer Financial Services

CFPB, Payday Groups Again Denied Stay Of Payday Rule

Trump administration cuts staff at financial markets watchdog: source

The State Lawsuit That Could Set a Precedent for Nationwide Student-Loan Refunds

Congressman proposes tax breaks for businesses that help pay student loan debt for employees

Why Do College Dropouts Fail To Repay Their Student Loans?

Death is Not Always the Demise of Student Loan Debt, Advises Ameritech Financial

REGISTER FOR NACBA LIVE WEBINARS!

Introduction to Chapter 11 Bankruptcy Practice for Consumer Bankruptcy Attorneys
Date: August 23, 2018
Time: 4:00 PM Eastern / 1:00 PM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-NACBA
Presenters: Dan Press, Esq.

Register HERE

Have you been referring your Chapter 11 cases to outside counsel? Are you curious about the similarities and whether you can file these cases? Dan Press, a leading author and practitioner in individual chapter 11 cases, will present an introduction to chapter 11 practice involving consumer debtors. He will discuss when this chapter is useful, the similarities and differences to chapter 13 practice, and how to conduct a chapter 11 practice.

How to Value Assets in Bankruptcy
Date: September 27, 2018
Time: 4:00 PM Eastern / 1:00 PM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-NACBA
Presenters: Gene Melchionne, Esq. & Jim Haller, Esq.

Register HERE

What are the fastest least expensive methods to get accurate values for your client’s assets? Gene and Jim will discuss time tested methods to determine values on real estate, vehicles, and other property. Join us to learn how to save time and money while increasing the accuracy of your information.

SAVE THE DATES!

Bankruptcy News Briefs- 7/20

Friday is here! Let’s end this week with the following headlines…

Trump lays into the Federal Reserve, says he’s ‘not thrilled’ about interest rate hikes

Trump CFPB nominee grilled by Senate Democrats

CFPB Nominee Promises Pro-Business Approach at Senate Hearing

CFPB reportedly probing Wells Fargo over add-on products

Opinion Why independent mortgage banks need CFPB reg relief

Does the Fifth Circuit’s decision finding the FHFA is unconstitutionally structured presage a similar fate for the CFPB?

1 in 3 parents will help their kids pay off student loans

9 Common Student Loan Myths That Can Cost Borrowers Big Time

Student Debt Gets the Game-Show Treatment. Who Wins?

Democrats Want IRS to Clarify Student Debt Relief Won’t Be Taxed

I took out student loans and it was the best decision I made — here’s why

The Cloud Is Transforming Higher Education

REGISTER TODAY FOR NACBA LIVE WEBINARS!

Review of Ethical issues when Using, or Acting as, Coverage Counsel
in Bankruptcy Court and 341 Meetings.
Date: July 26, 2018
Time: 4:00 PM Eastern / 1:00 PM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-NACBA
Presenters: Derek Lofland, Esq.

Register HERE

Have you ever used coverage (or appearance) counsel to represent your clients? Have you ever stepped in to help a colleague who can’t attend Court? Mr. Lofland routinely appears as coverage counsel in hundreds of cases and has spoken about this issue in April 2017 for the Chicago Bar Association. He will outline and discuss the legal and ethical requirements for appearance counsel.

Introduction to Chapter 11 Bankruptcy Practice for Consumer Bankruptcy Attorneys
Date: August 23, 2018
Time: 4:00 PM Eastern / 1:00 PM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-NACBA
Presenters: Dan Press, Esq.

Register HERE

Have you been referring your Chapter 11 cases to outside counsel? Are you curious about the similarities and whether you can file these cases? Dan Press, a leading author and practitioner in individual chapter 11 cases, will present an introduction to chapter 11 practice involving consumer debtors. He will discuss when this chapter is useful, the similarities and differences to chapter 13 practice, and how to conduct a chapter 11 practice.

How to Value Assets in Bankruptcy
Date: September 27, 2018
Time: 4:00 PM Eastern / 1:00 PM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-NACBA
Presenters: Gene Melchionne, Esq. & Jim Haller, Esq.

Register HERE

What are the fastest least expensive methods to get accurate values for your client’s assets? Gene and Jim will discuss time tested methods to determine values on real estate, vehicles, and other property. Join us to learn how to save time and money while increasing the accuracy of your information.

#NACBATheLand IS HAPPENING MAY 16-19, 2019!

Bankruptcy News Briefs- 4/9

Starting off this week with a few headlines…

Class-action lawsuit against student loan giant brings hope to borrowers in bankruptcy

Op-ed: Don’t Let the G.O.P. Dismantle Obama’s Student Loan Reforms

Government scrutiny of state student loan regulations are unlikely to help borrowers, experts say

Economic Impact: What occupations should have the smallest student loan default rate?

The Debt Dilemma

Reform, add oversight to consumer bureau

Wells Fargo Looks Further Under the Hood at Auto-Lending Issues

Op-ed: Judd Gregg: The GOP abandons fiscal responsibility

Register for NACBA’s Webinars!

UPCOMING LIVE WEBINARS

Improve Your Bottom Line with Fillable PDFs.
Tips, Tricks & Little Known Tools in Using Acrobat Efficiently
Date: May 24, 2018
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 Minutes)
Cost: No Cost – Member Benefit Webinar
Presenters: Rachel Foley, Esq. & John Colwell, Esq.

Register HERE

Fillable PDFs can dramatically improve your bottom line by decreasing the turnaround time to receive information from your client while improving the accuracy of that information. Fillable PDFs are fast and easy to use, reduce/eliminate costly errors, provide 100% legible text, increase workflow and productivity, and are easy to update and archive. Learn from our experts how to create fillable PDFs to improve your bankruptcy practice!

Circuit Case Law Update
Date: ON DEMAND
Time: ON DEMAND
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

11 Days until the start of #NACBADEN!

Don’t forget to download the CONVENTION APP and sign up to attend NACBA’s first ever Circuit Caselaw Breakout Sessions! NACBA’s convention will offer a separate breakout session to review the latest key caselaw developments in each Circuit.

Sign up today to participate in your Circuit Breakout Session. Your circuit leader has prepared an informative review of recent case law, and will lead a discussion of these important cases.

Have not yet registered for NACBADEN? There’s still time! Register directly online now.

NACBADEN for Google Play

NACBADEN for Apple

Bankruptcy News Briefs- 4/4

Take a look at the midweek news briefs below…

America’s debt load is reaching a tipping point

What Happens if You Don’t Pay a Debt?

Why Consumer Spending Growth Is Slowing

Rising Rates Sound Alarm for Debt-Laden U.S. Consumers

Here’s Why Student Loan Debt Is So High – and What It’s Doing to the Economy

Sen. Merkley Announces Debt-Free College Act

Poll: Majority of millennials are in debt, hitting pause on major life events

Second Circuit Confirms Interest Disclaimer Not Required on Collection Notices Not Accruing Interest

Ninth Circuit Rules That Bankruptcy Filing Does Not Affect District Court’s In Rem Jurisdiction Over Vessel and Adopts Burden-Shifting Approach to Pretrial Awards of Maintenance Payments

Lawmakers support payday lending rule

Don’t miss NACBA’s first ever Circuit Caselaw Breakout Sessions!

We are looking forward to NACBA’s 26th Annual Convention in Denver.   NACBA is excited to bring to you for the first time Circuit Caselaw Breakout Sessions!  NACBA’s convention will offer a separate breakout session to review the latest key caselaw developments in each Circuit.

Sign up today to participate in your Circuit Breakout Session. Your circuit leader has prepared an informative review of recent case law, and will lead a discussion of these important cases.

Have not yet registered for NACBADEN? There’s still time! Register directly online now.

Register for NACBA’s Webinars!

UPCOMING LIVE WEBINARS

Improve Your Bottom Line with Fillable PDFs.
Tips, Tricks & Little Known Tools in Using Acrobat Efficiently
Date: May 24, 2018
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 Minutes)
Cost: No Cost – Member Benefit Webinar
Presenters: Rachel Foley, Esq. & John Colwell, Esq.

Register HERE

Fillable PDFs can dramatically improve your bottom line by decreasing the turnaround time to receive information from your client while improving the accuracy of that information. Fillable PDFs are fast and easy to use, reduce/eliminate costly errors, provide 100% legible text, increase workflow and productivity, and are easy to update and archive. Learn from our experts how to create fillable PDFs to improve your bankruptcy practice!

Circuit Case Law Update
Date: ON DEMAND
Time: ON DEMAND
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

Bankruptcy News Briefs- 3/29

Kick back and check out a few of today’s headlines …

Massachusetts education financing group ends membership in national association over student loan debate

nprED: Dept. Of Education Fail: Teachers Lose Grants, Forced To Repay Thousands In Loans

Sen. Brian Schatz The student debt crisis threatens the American way of life. Washington can’t keep ignoring it.

Tax Refund Garnished Due to Student Loan Default? Here’s How to Get It Back

Warren: Republicans Remain Silent as Mulvaney’s CFPB Ducks Oversight

npr: Episode 832: Mulvaney Vs The CFPB

Don’t forget to check out the Consumer Bankruptcy Journal!

Features in this quarter’s issue include:

  • The President’s Report
  • Six Secrets of the IRS Account Transcripts
  • Court Won’t Let Bank of America “Buy’ and “Bury” Judgment Against It
  • Notice of Elections

Visit the CBJ to read these articles and more!

Register for NACBA’s Webinars!

UPCOMING LIVE WEBINARS

Improve Your Bottom Line with Fillable PDFs.
Tips, Tricks & Little Known Tools in Using Acrobat Efficiently
Date: May 24, 2018
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 Minutes)
Cost: No Cost – Member Benefit Webinar
Presenters: Rachel Foley, Esq. & John Colwell, Esq.

Register HERE

Fillable PDFs can dramatically improve your bottom line by decreasing the turnaround time to receive information from your client while improving the accuracy of that information. Fillable PDFs are fast and easy to use, reduce/eliminate costly errors, provide 100% legible text, increase workflow and productivity, and are easy to update and archive. Learn from our experts how to create fillable PDFs to improve your bankruptcy practice!

Circuit Case Law Update
Date: ON DEMAND
Time: ON DEMAND
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

#NACBADEN is just around the corner! Don’t forget to download the CONVENTION APP!

And stay up to date on the convention schedule. Visit the Annual Convention site for more on convention speakers, pre-convention sessions and more! Register today!

NACBADEN for Google Play

NACBADEN for Apple

 

Bankruptcy News Briefs- 3/23

Wrapping up this week with the following bankruptcy related news…

How to Get Student Loans for Your Child When You Have Credit Card Debt

How The Fed Rate Increase Impacts Credit Card Debt

CFPB Seeks Applicants for Advisory Boards and Councils

Exclusive: Trump official quietly drops payday loan case, mulls others – sources

FTC and New York Attorney General Reach Settlements in Long-Running Debt Collection Scheme

House Financial Services Committee Approves Bill to Exclude Attorneys from FDCPA

House Financial Services Committee Approves Change to Payday Lending Rule

Study: Medical Expenses Cause Close to 4% of Personal Bankruptcies—not 60%

Check out the Consumer Bankruptcy Journal

Features in this quarter’s issue include:

  • The President’s Report
  • Six Secrets of the IRS Account Transcripts
  • Court Won’t Let Bank of America “Buy’ and “Bury” Judgment Against It
  • Notice of Elections

Visit the CBJ to read these articles and more!

Register for NACBA’s Webinars!

UPCOMING LIVE WEBINARS

Improve Your Bottom Line with Fillable PDFs.
Tips, Tricks & Little Known Tools in Using Acrobat Efficiently
Date: May 24, 2018
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 Minutes)
Cost: No Cost – Member Benefit Webinar
Presenters: Rachel Foley, Esq. & John Colwell, Esq.

Register HERE

Fillable PDFs can dramatically improve your bottom line by decreasing the turnaround time to receive information from your client while improving the accuracy of that information. Fillable PDFs are fast and easy to use, reduce/eliminate costly errors, provide 100% legible text, increase workflow and productivity, and are easy to update and archive. Learn from our experts how to create fillable PDFs to improve your bankruptcy practice!

Circuit Case Law Update
Date: ON DEMAND
Time: ON DEMAND
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

Attending #NACBADEN? Download the CONVENTION APP!

And stay up to date on the convention schedule. Visit the Annual Convention site for more on convention speakers, pre-convention sessions and more! Register today!

NACBADEN for Google Play

NACBADEN for Apple