Convention

Bankruptcy News Briefs- 3/22

Thursday’s headlines read…

How often do medical problems lead to bankruptcy?

Retailers filing for bankruptcy or going out of business in 2018

House Committee Approves Legislation to Amend FDCPA and Regulations of Debt Collection Attorneys

Debt collection still a big source of consumer complaints

Get ready for most competitive spring home buying season since the Great Recession

CFPB handled over 84K debt collection complaints last year: Report

How today’s Fed rate hike will affect your finances

Read this quarter’s issue of 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!

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

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!

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

Bankruptcy News Briefs 3/15

Extra, Extra! Read all about Thursday’s headlines…

Over 14,000 individuals discharged from bankruptcy status between 2013 and 2017 (Updated)

Is bankruptcy an option when illness wrecks finances?

Q&A: Student Loan Borrowers With Seized Tax Refunds

American women hold two-thirds of all student debt—here’s why

Most couples plan to start married life with this costly ball and chain

Student Loan Debtors Getting Kicked Out of Income Driven Plans in Bankruptcy

2nd Circuit finds bankruptcy claim non-arbitrable

South Dakota bankruptcy filings on the rise

Community bankers say Senate bill will not impact HDMA reporting

Judge Refuses to Put Debt Collector “Between a Rock and a Hard Place”

Court Of Appeal Finds Mortgage Servicer To Be A Debt Collector

National credit card debt hits $1 trillion

 Have you read the latest edition of 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!

TODAY: Escrow Shortage Claims
Date: March 15, 2018

Time: 1:00 PM Eastern / 10:00 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Tara Twomey, Esq. & John Rao, Esq.

Have you ever received a mortgage arrearage claim including a hefty escrow shortage? This webinar will examine how to review that claim for accuracy and how to explain it to your client. Don’t miss this opportunity to save yourself time and aggravation when reviewing these claims.

Register HERE

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

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 and we don’t want you to miss out on this awesome Annual Convention!

Bankruptcy News Briefs 3/14

Take a look at today’s midweek headlines…

Fifth Circuit, in Bankruptcy Ruling, Lets Convicted Businessman Pay Criminal Defense Counsel with House Sale Proceeds

Court Granted Credit Union Stay Relief in order to Set-off Children’s “Lil’ Sweet Pea” Savings Accounts, on which Debtor was Co-owner

What the Battle Over Student Loan Servicers Means for Borrowers

CFPB Provides Some Relief to Mortgage Servicers Communicating with Borrowers, But Questions Remain

Senate bill would diminish mortgage disclosures by banks

Dodging the Issue: The Supreme Court “Weighs” In On Bankruptcy Law

 

Kick Back and Read the Latest Edition of 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!

TOMORROW: Escrow Shortage Claims
Date: March 15, 2018

Time: 1:00 PM Eastern / 10:00 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Tara Twomey, Esq. & John Rao, Esq.

Have you ever received a mortgage arrearage claim including a hefty escrow shortage? This webinar will examine how to review that claim for accuracy and how to explain it to your client. Don’t miss this opportunity to save yourself time and aggravation when reviewing these claims.

Register HERE

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

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 and we don’t want you to miss out on this awesome Annual Convention!

Bankruptcy News Briefs 3/13

Check Out Today’s Headlines…

From the Web: Education Secretary Issues Guidance on State Regulations of Student Loan Servicers

WalletHub Study: Credit Card Debt Surpasses $1 Trillion

EDNY: Avila and NYDFS Requirements Collide

Second Circuit Finds Arbitration Conflicts with Discharge Injunction

Nearly 1 in 5 Americans Has Crippling Medical Debt

Creditor’s Motion to Reopen and Compel Surrender of Home Denied Where No Relief was Justified (since Husband had Died and Wife Not on Note)

Trump’s CFPB looks at credit cards and, absurdly, sees ‘a positive picture for consumers’

Opinion: The Attack on the CFPB Threatens Consumers and Ignites a Race to the Bottom

Debt collection, fraud are making consumers angry

Feds tell state officials to back off student loan debt collectors

Bankruptcy Court Reluctantly Allows Creditor To Shuck “Lil’ Sweet Pea” Accounts

Debt collectors top list of consumer complaints in 2017

Student debt crisis deepens as Gen Z enters college

Would Cancelling All Student Debt Help The Economy?

Feds attempt to bar states from regulating student loan debt collectors

7 myths about bankruptcy and your credit debunked

Kick Back and Read the Latest Edition of 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!

Escrow Shortage Claims
Date: March 15, 2018
Time: 1:00 PM Eastern / 10:00 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Tara Twomey, Esq. & John Rao, Esq.

Register HERE

Have you ever received a mortgage arrearage claim including a hefty escrow shortage? This webinar will examine how to review that claim for accuracy and how to explain it to your client. Don’t miss this opportunity to save yourself time and aggravation when reviewing these claims.

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

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 and we don’t want you to miss out on this awesome Annual Convention!

Register Today!

Bankruptcy News Briefs 3/8

Thursday’s News…

FCC Continues Consideration of a Reassigned Number Database

Creditors Should Build Trust in Collections by Saying ‘Goodbye’

FDCPA Caselaw Review for January 2018

Senate banking bill would make credit freezes free

How Well Do States Protect Consumers from Unfair and Deceptive Business Practices?

New Sanctions Proposed for Colleges Under Student Loan Rule

Promontory MortgagePath adds former top CFPB lawyer as chief compliance officer

PayThink The CFPB must set aside politics to serve its role

Too much student loan debt? Iowa lawmakers think they have a solution

WHY DOES BANKRUPTCY FAIL SO MANY AMERICANS?

U.S. Household Debt Rose Last Quarter at Fastest Rate Since 2007

Gainful Employment Rule Affects Student Loan Borrowers

Illegal ‘zombie’ debt collections rampant in Florida, advocate says

U.S. Consumers Rack Up $11.9 Billion in Overdue Credit Card Debt

Kick Back and Read the Latest Edition of 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!

Escrow Shortage Claims
Date: March 15, 2018
Time: 1:00 PM Eastern / 10:00 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Tara Twomey, Esq. & John Rao, Esq.

Register HERE

Have you ever received a mortgage arrearage claim including a hefty escrow shortage? This webinar will examine how to review that claim for accuracy and how to explain it to your client. Don’t miss this opportunity to save yourself time and aggravation when reviewing these claims.

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

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 and we don’t want you to miss out on this awesome Annual Convention!

Register Today!

 

Bankruptcy News Briefs 3/2

End of the Week Headlines…

11 USC 521(e) allows the Debtor to Avoid Dismissal of Case if the Failure to Provide Required Tax Return is Attributable to Circumstances Beyond her Control

Reasonable Voluntary Retirement Contributions are Not Disposable Income when the Debtor has made those Contributions on a Consistent Basis Prior to the Filing of the Chapter 13

Appellate Court Reignites TCPA Case Over Debt Collection Calls

CFPB Advisory Committee Meets; Emphatic Agreement that Debt Collection Rules are Needed

CFPB invites comments on “usefulness” of consumer complaint database, reports

Equifax says it’s still under CFPB investigation

Equifax says hackers stole more than previously reported

Court reinstates TCPA suit in case of 300 debt collection calls

Collection Industry Requests Guidance from Mass AG Regarding Longstanding Interpretation of Validation Requirements

Supreme Court Limits Scope of Safe Harbor Protection for Avoidance Actions

New Fed chair doesn’t understand why student debt can’t be discharged in bankruptcy

Massachusetts can sue federal student loan servicer, judge rules

Register for NACBA’s Webinars!

Escrow Shortage Claims
Date: March 15, 2018
Time: 1:00 PM Eastern / 10:00 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Tara Twomey, Esq. & John Rao, Esq.

Register HERE

Have you ever received a mortgage arrearage claim including a hefty escrow shortage? This webinar will examine how to review that claim for accuracy and how to explain it to your client. Don’t miss this opportunity to save yourself time and aggravation when reviewing these claims.

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

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 2/28

Midweek Headlines…

Stay Does Not Require Bank to Release Citation Lien

Texas Lawyers and Law Professors Urge Representative Gonzalez to Withdraw Support of Bill that Would Harm Texas Consumers

Debt Collection Industry Faces Evolving Compliance Regulations

From the Web: Department of Justice Files Opposition Brief in CFPB Deputy Director’s Appeal

New Jersey Federal Court Finds Additional Telephone Number In Validation Letter Did Not Violate FDCPA

How Chicago Ticket Debt Sends Black Motorists Into Bankruptcy

E.D.N.Y.: Collection Agency Can Enforce Arbitration Clause of Underlying Credit Agreement

CFPB report finds removal of public record data has small effect on credit scores

Bankruptcy Straight-Talk For Credit Union Members

DeVos to Assert that Only Department of ED, Not States, Can Regulate Student Loan Servicers

Mulvaney Says His CFPB Is Keeping Elizabeth Warren Up at Night

GUEST VIEW: Debt collection companies have hijacked the justice system

Iowa court debt approaches $732 million

Total consumer debt increased faster in Hawaii than the nation, DBEDT report

Overdue US credit card debt hits 7-year high at $11.9bn

Congressional Research Service Releases Bankruptcy & Student Loans Report

On Thursday, February 22, 2018, the Congressional Research Service released a report titled “Bankruptcy and Student Loans”. The report explains how and why the Bankruptcy Code makes student loans nondischargeable unless undue hardship is proven. It concludes with providing potential considerations for Congress to treat student loans moving forward. Read the Full Report.

Register for NACBA’s Webinars!

Escrow Shortage Claims
Date: March 15, 2018
Time: 1:00 PM Eastern / 10:00 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Tara Twomey, Esq. & John Rao, Esq.

Register HERE

Have you ever received a mortgage arrearage claim including a hefty escrow shortage? This webinar will examine how to review that claim for accuracy and how to explain it to your client. Don’t miss this opportunity to save yourself time and aggravation when reviewing these claims.

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

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 2/26

Dive Into New Headlines…

Fourth Circuit Looks at Multiple Factors in Bad Faith Analysis

Advocates to FCC: Do More, Much More to Block Unwanted Robocalls

Church Provides No Sanctuary: Sixth Circuit’s FDCPA Decision May Breathe New Life into TCPA Spokeo Arguments

Forensic Analysis of Debt Settlement Program Participants, Commissioned by the American Fair Credit Council, Validates Economic Benefit to Consumers

17 Lawsuits Now Filed in Dept of ED Collection Contract, Chapter 2

Maryland Court Finds Mini-Miranda Not Necessary on Certain Consumer-Initiated Calls

CFPB Seeks Input on Town Halls, Field Hearings in Agency Review

Debtor’s Obligation to Pay his Children’s College Expenses Qualified as a DSO and Were Non-Dischargeable

What The Climbing Debt Defaults Really Mean For The Economy

Chapter 13 Debtor Could Not Defer Surrender of her Home Until her Son Graduated High School

A Shocking Number of Americans Now Owe at Least $50,000 in Student Debt—and Many Aren’t Paying It Down

Bankruptcy Remoteness Going to a Court of Appeals

Department of Education Considering Student Loan Bankruptcy Rule Changes

2017 Consumer Finance Year in Review

Congressional Research Service Releases Bankruptcy & Student Loans Report

On Thursday, February 22, 2018, the Congressional Research Service released a report titled “Bankruptcy and Student Loans”. The report explains how and why the Bankruptcy Code makes student loans nondischargeable unless undue hardship is proven. It concludes with providing potential considerations for Congress to treat student loans moving forward. Read the Full Report.

Register for NACBA’s Webinars!

Escrow Shortage Claims
Date: March 15, 2018
Time: 1:00 PM Eastern / 10:00 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Tara Twomey, Esq. & John Rao, Esq.

Register HERE

Have you ever received a mortgage arrearage claim including a hefty escrow shortage? This webinar will examine how to review that claim for accuracy and how to explain it to your client. Don’t miss this opportunity to save yourself time and aggravation when reviewing these claims.

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

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 2/21

Dive Into the Midweek Headlines…

Maryland Court Finds Mini-Miranda Not Necessary on Certain Consumer-Initiated Calls

Bankruptcy Standards Get New Scrutiny

Bank May Not Hide Settlement Amount

Under Trump, consumer agency promises to do the bare minimum, and nothing more

Debt Collection Companies Have Hijacked the Justice System

Chapter 13 Debtor Could Not Defer Surrender of her Home Until her Son Graduated High School

Student loan borrowers with high debts aren’t making progress repaying them

Congressman John Garamendi’s bill to ease student loan debt awaits committee action

Trump Administration Looking at Bankruptcy Options for Student Debt

State Senate Passes Student Loan ‘Bill of Rights’

Eleventh Circuit Follows Ninth Circuit in Awarding Appellate Fees for Automatic Stay Violation

Register for NACBA’s Webinars!

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

Escrow Shortage Claims
Date: March 15, 2018
Time: 1:00 PM Eastern / 10:00 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Tara Twomey, Esq. & John Rao, Esq.

Register HERE

Have you ever received a mortgage arrearage claim including a hefty escrow shortage? This webinar will examine how to review that claim for accuracy and how to explain it to your client. Don’t miss this opportunity to save yourself time and aggravation when reviewing these claims.

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

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 2/20

Check Out The Headlines Making News…

Court Grants Discharge of 50-Year Old Debtor’s $230,000 in Student Loans where IBRP would Leave here Huge Tax Liability in her 70s and Wipe Out Her Assets

Criminal Restitution Is Nondischargeable

Chapter 13 Plan Confirmed Even Though Payments Did Not Include All of Debtors’ Disposable Income

Household Debt Increases for Fifth Consecutive Year

A Party Does Not Have Standing to Appeal Bankruptcy Court Order simply because it has been Allowed to Appear in Bankruptcy Proceedings

Democrats Seek Answers to CFPB’s OFLEO Realignment

Collection Letter Making Settlement Offer for Time-Barred Debt Can Violate FDCPA Without Legal Action Threat, Third Circuit Rules

Post-Discharge Loan Modification with Partial Claim Gets Servicer in Trouble with Bankruptcy Court

Second Circuit Finds “Related To” Bankruptcy Jurisdiction in a Madoff Matter

Mortgage debt surges in fourth quarter

Canceling Student Loan Debt Isn’t Just A Dream. It Could Save The Economy.

Wisconsin bankruptcy filings were the lowest in a decade in 2017

Debt Collectors Hoping For Relief from Courts on Collection Letter Claims May Soon Get Clarity (podcast)

Register for NACBA’s Webinars!

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

Escrow Shortage Claims
Date: March 15, 2018
Time: 1:00 PM Eastern / 10:00 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Tara Twomey, Esq. & John Rao, Esq.

Register HERE

Have you ever received a mortgage arrearage claim including a hefty escrow shortage? This webinar will examine how to review that claim for accuracy and how to explain it to your client. Don’t miss this opportunity to save yourself time and aggravation when reviewing these claims.

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

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!