Convention

Bankruptcy News Briefs 12/8

Headlines Kicking Off The Weekend…

District Court Doubles Down on Romero and Again Dismisses TCPA Claim for Lack of Article III Standing

Discharged Debtor’s Claims of Invasion of Privacy/Violation of FCRA Survived Banks’ Motion to Dismiss Where he Alleged Banks had No Legitimate Reason to Pull his Credit Reports

FTC Bans Three Scammers From Posing as Debt Collectors

Credit Card Balances Cause Increase in Overall U.S. Consumer Credit

From the Web: Senate Banking Committee Advances Regulatory Relief Bill

Consumer Reports CEO: We all have a stake in the future of the CFPB

Commentary: How the CFPB Fight Is a Sign of the Next Financial Crisis

9th Cir. Holds FDCPA Preempts State Judgment Execution Laws

Two student loan studies everyone missed

Consumer accuses debt collector of violating FDCPA

It’s a New Month Renew Your NACBA Membership for a Chance to Win 2 Great Resources!

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Registration is Open for the 2018 NACBA Annual Convention! 

Register by February 23rd for Early Bird Savings!

Bankruptcy News Briefs 12/4

New Headlines for a New Week…

House Education Bill Ends Key Student Protections that Will Lead to a Lifetime of Debt

Nomination for Permanent CFPB Director Could Come in Early 2018

89 Call Recordings Not Enough to Convince Court that Plaintiff Did Not Revoke Consent

Debtor Could Reopen Chapter 13 to Avoid Judgment Lien which Creditor Attempted to Renew in State Court, but Could Not Recover Sanctions

Congress Moves to Protect Predatory Payday Lenders’ Unaffordable 300% Loans

Court Would Not use §105 to Dismiss Chapter 7 after it Found that Dismissal Wasn’t Warranted under §707

Bankruptcy Court Could Not Use 11 USC §105 to Extend or Impose the Automatic Stay

Disputed CFPB acting director plans to seek preliminary injunction: filing

Federal Court Holds 30-Day Validation Notice Language Violates FDCPA

Creditors Beware: Inbound Bankruptcy Rule Changes Require Heightened Awareness

New York Federal Court Demands that FDCPA Plaintiffs Read Entire Debt Collection Letter to Determine Creditor’s Identity

How Not to Erase Student Debt

Brimfield man sentenced for concealing assets during bankruptcy filing

CMS Waives Medicaid Retroactive Eligibility For Iowa: Is Your State Next?

3 Days Until the 2017 Virtual Bankruptcy Workshop! Are You Registered?

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

It’s a New Month Renew Your NACBA Membership for a Chance to Win 2 Great Resources!

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Registration is Open for the 2018 NACBA Annual Convention! 

Why Attend #NACBADEN?

  • Education: Attendees typically earn 22 of the best CLEs designed for debtor’s attorneys. NACBA’s planning committee is busy putting together a line up that will offer something for everyone, from the beginner to the seasoned practitioner.
  • Networking: Don’t miss the opportunity to share war stories with your colleagues from around the country.
  • Exhibits: More than 50 vendors, representing a wide range of products and services, launch new products, provide demonstrations, and meet with attendees to discuss purchases or problems.
  • Wellness: Attend daily AM Yoga sessions on each day of the convention, included with your convention registration. Participation will be limited and available on first, come, first serve until capacity is reached.
  • Fun: Attendees can meet and mingle at NACBA’s Friday night reception.  When you are not in session, be sure to check to see if the Rockies are in town, or if your favorite band is playing at the iconic concert venue, Red Rocks.

Register by February 23rd for the Early Bird Rate to get great savings!

Bankrutpcy News Briefs 11/28

Check Out the News Making Headlines…

Legal Challenge Emerges After Two Interim Leaders Assume Top Role at CFPB

New Judge in Dept of ED Case Makes First Move

After political drama at consumer agency, what happens to its open investigations?

Debtor who Made Mistakes based upon his Attorney’s Failure to Properly Advise him in Preparing Schedules Prevailed in Denial of Discharge Complaint Action

Study finds CFPB would be de-clawed if House bill becomes law

Americans Have $1.4 Trillion in Student Loan Debt—But Who Gets All That Money?

What The Upheaval At A Federal Consumer Watchdog Could Mean For Students

First-Ever National Chapter 13 Plan and Amendments to Bankruptcy Rules

Equifax Proves That Death And Taxes Aren’t The Only Inevitable Things In Life

Americans are having trouble paying off their credit cards — and it could spell trouble for the economy

Register Today for the 2017 Virtual Bankruptcy Workshop!

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

What’s New at NACBA?

It’s The End of the Month Renew Your NACBA Membership for a Chance to Win 2 Great Resources!

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Registration is Open for the 2018 NACBA Annual Convention! 

Why Attend #NACBADEN?

  • Education: Attendees typically earn 22 of the best CLEs designed for debtor’s attorneys. NACBA’s planning committee is busy putting together a line up that will offer something for everyone, from the beginner to the seasoned practitioner.
  • Networking: Don’t miss the opportunity to share war stories with your colleagues from around the country.
  • Exhibits: More than 50 vendors, representing a wide range of products and services, launch new products, provide demonstrations, and meet with attendees to discuss purchases or problems.
  • Wellness: Attend daily AM Yoga sessions on each day of the convention, included with your convention registration. Participation will be limited and available on first, come, first serve until capacity is reached.
  • Fun: Attendees can meet and mingle at NACBA’s Friday night reception.  When you are not in session, be sure to check to see if the Rockies are in town, or if your favorite band is playing at the iconic concert venue, Red Rocks.

Register by February 23rd for the Early Bird Rate to get great savings!

Bankruptcy News Briefs 11/27

Check Out Monday’s Headlines…

Wells Fargo Facing Penalties Over Ignoring Student Loan Included in Bankruptcy

The IRS’ Inability to Collect Tax by Levy Tolled the 3-Year Time Period to Determine Dischargeability under §507(a)(8)

Debtor’s Wedding Ring is “Necessary Wearing Apparel” and Fully Exempt Under State Statute

Statement of National Consumer Law Center’s Lauren Saunders Regarding Appointment of Mulvaney

Mulvaney as Interim Director of Consumer Bureau

Creditor Could be Liable for Violating Discharge Injunction, Even if the Debt Does Not Exist

Debt-settlement bill worries consumer groups

Equifax breach is already taking a toll on consumers

CFPB Director Cordray Shaped a Critical Consumer Watchdog

All About the CFPB, Washington’s New Flashpoint: QuickTake Q&A

US Black Friday Sales Hit Record High, So Does Household Debt

CFPB Drama’s Next Act Comes as Dueling Heads Show Up to Lead

FDCPA Overrides State Law Limitations Period And Charging Order Exclusivity In Wilhite

Months after Equifax breach, credit freeze bill on ice

Goldman Sachs forgives $71 million in mortgage debt

Registration is Open for the 2017 Virtual Bankruptcy Workshop!

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

Registration is Open for the 2018 NACBA Annual Convention! 

Why Attend #NACBADEN?

  • Education: Attendees typically earn 22 of the best CLEs designed for debtor’s attorneys. NACBA’s planning committee is busy putting together a line up that will offer something for everyone, from the beginner to the seasoned practitioner.
  • Networking: Don’t miss the opportunity to share war stories with your colleagues from around the country.
  • Exhibits: More than 50 vendors, representing a wide range of products and services, launch new products, provide demonstrations, and meet with attendees to discuss purchases or problems.
  • Wellness: Attend daily AM Yoga sessions on each day of the convention, included with your convention registration. Participation will be limited and available on first, come, first serve until capacity is reached.
  • Fun: Attendees can meet and mingle at NACBA’s Friday night reception.  When you are not in session, be sure to check to see if the Rockies are in town, or if your favorite band is playing at the iconic concert venue, Red Rocks.

Register by February 23rd for the Early Bird Rate to get great savings!

Bankruptcy News Briefs 11/22

Headlines Leading Into the Holiday….

CFPB Files Federal Lawsuit Against Online Loan Servicer

Study: Consumers Continue to Spend Using Credit Cards

Win for Debtor in Student Loan Arena

FDCPA Case Law Review for September and October 2017

Chapter 13 Plan Confirmed Where Debtor’s Ex-Spouse/Roommate’s Contribution to Household Expenses Substantially Increased Dividend to Unsecured Creditors

First Circuit Upholds Bankruptcy Court’s Denial of Discharge of Debtor (who is also a Lawyer) Where she Failed to Disclose Lawsuits

New Judge Assigned to Dept. of ED Collection Case

CFPB Fines Xerox Business Services $1.1M; This Should Be a Wake-Up Call to Collection Software and Service Providers

CFPB’s arbitration rule officially revoked in the Federal Register

Trump Won’t Be Able to Defang the CFPB Without a Fight

Possible tax bill could impact students struggling with student loans

Ocwen Announces Millions in New Mortgage Debt Forgiveness in Ohio

Registration is Open for the 2017 Virtual Bankruptcy Workshop!

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

Registration is Open for the 2018 NACBA Annual Convention! 

Join us in Denver, Colorado at the Sheraton in Downtown Denver a beautiful and convenient location that is the perfect backdrop for this much-anticipated event. We couldn’t be more excited for you to experience our stellar and informative sessions, listen to our expert keynote speakers that include, Dr. Wendy Osefo,  Susan Carnicero, Rashmi Airan, and Amy Vetter, attend 1 of 3 Pre-Convention Sessions, along with the opportunity to network with your peers and colleagues, visit the expansive exhibit,  earn CLE, plus so much more!

We can’t wait to see you! Don’t delay Register by February 23rd, 2018 to receive the Early Bird Rate! 

Visit https://www.nacba.org/nacbaden/ your go-to spot for everything #NACBADEN!

Save the Date

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 

Bankruptcy News Briefs 11/20

New Week, New Headlines…

Court Rejects Terms Slipped into Reaffirmation Agreement

Debtor Could Avoid Payment on Debt for Overpayment of Public Benefits Since it was Not in the Nature of Support for her Children

The CFPB is about ‘protections,’ not just ‘regulations’

CFPB submits request to conduct online debt collection survey to OMB

FCC Issues New Proposed Robocall Blocking Rules; Collectors Have a Unique Challenge

NAFCU to CFPB: It’s time to roll back regulations with Cordray’s departure

Student Loan Debt

Registration is Open for the 2017 Virtual Bankruptcy Workshop!

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

Registration is Open for the 2018 NACBA Annual Convention! 

Join us in Denver, Colorado at the Sheraton in Downtown Denver a beautiful and convenient location that is the perfect backdrop for this much-anticipated event. We couldn’t be more excited for you to experience our stellar and informative sessions, listen to our expert keynote speakers that include, Dr. Wendy Osefo,  Susan Carnicero, Rashmi Airan, and Amy Vetter, attend 1 of 3 Pre-Convention Sessions, along with the opportunity to network with your peers and colleagues, visit the expansive exhibit,  earn CLE, plus so much more!

We can’t wait to see you! Don’t delay Register by February 23rd, 2018 to receive the Early Bird Rate! 

Visit https://www.nacba.org/nacbaden/ your go-to spot for everything #NACBADEN!

Save the Date

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 

Bankruptcy New Briefs 11/16

What’s Happening In the News? Check it Out…

Update: CFPB Director Richard Cordray Resigns

Statement of National Consumer Law Center Executive Director Rich Dubois Regarding Richard Cordray Stepping Down as Director of the Consumer Financial Protection Bureau

Survey Finds Most Healthcare Providers Plan to Dump Traditional Collections Methods by Q4 2018

California Court Dismisses Action for Lack of Jurisdiction Pursuant to Spokeo

There is no “Ride-Through” on Mobile Home Debt; Debtor must Redeem the Property or Reaffirm the Debt in order to Retain it

Nurses and RIP Continue Efforts to Forgive Medical Debt

5 Flaws That Kill Student Loan Collection Lawsuits

The Reasons More Older Americans Are Filing for Bankruptcy

Rising Consumer Debt: Cracks Are Starting To Appear

Wells CFO Not Losing Sleep Over Rising Consumer Debt

‘No money down’ bankruptcies prevalent among the poor, minorities

How much student loan debt people owe in each state exposes a pattern we should have seen coming

Registration is Open for the 2017 Virtual Bankruptcy Workshop!

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

Registration is Open for the 2018 NACBA Annual Convention! 

Join us in Denver, Colorado at the Sheraton in Downtown Denver a beautiful and convenient location that is the perfect backdrop for this much-anticipated event. We couldn’t be more excited for you to experience our stellar and informative sessions, listen to our expert keynote speakers that include, Dr. Wendy Osefo,  Susan Carnicero, Rashmi Airan, and Amy Vetter, attend 1 of 3 Pre-Convention Sessions, along with the opportunity to network with your peers and colleagues, visit the expansive exhibit,  earn CLE, plus so much more!

We can’t wait to see you! Don’t delay Register by February 23rd, 2018 to receive the Early Bird Rate! 

Visit https://www.nacba.org/nacbaden/ your go-to spot for everything #NACBADEN!

Save the Date

  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 

Bankruptcy News Briefs 11/13

Read the Headlines Kicking Off a New Week…

Illinois Court Finds Adding Collection Costs Pursuant to Underlying Contract Does Not Violate FDCPA

Freedom Debt Relief Responds to CFPB Complaint

Consumer Advocates Press Congress on Access to Justice

Behind the Lucrative Assembly Line of Student Debt Lawsuits

Creditor’s Removal of Pre-petition State Court Case to Bankruptcy Court Violated the Automatic Stay

Debtor’s Age Discrimination Claim was Not Judicially Estopped by Failure to Disclose it in Bankruptcy Case

Title Lender Offers Buyout Program Ahead of CFPB Rule

FTC Files Complaint Against Debt Collection Business for Alleged Violations of FTC Act, FDCPA

Online loans leave consumers deeper in debt, Fed research says

Minneapolis debt collector sued over notice to consumer

CFPB to Survey Consumers on Debt Collection Disclosures

Registration is Open for the 2017 Virtual Bankruptcy Workshop!

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

Who’s Excited for the 2018 NACBA Annual Convention?

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver! Registration opens November 13,2017!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 

Bankruptcy News Briefs 11/7

Tuesday’s Headlines in the Briefs…

Florida Court Finds Materiality Needed for Date of Delinquency Claims Under FDCPA

Ocwen To Show Cause Why It Shouldn’t Be Held in Contempt

Consumer Groups Oppose Credit Unions’ Attempts to Robocall, Text Message Customers Without Their Consent

Debtor and Creditor Could Not Agree to Except Debt from Discharge by using a Joint Stipulation

Family farmers get a break (Chapter 12 bankruptcy)

CFPB’s Arbitration Rule Came in with a Roar, Leaves with a Whisper

Why Credit Card Debt Is A Consumer Noose And Could Hurt The 4 ‘Too Big To Fail’ Money Center Banks

CFPB Consumer Advisory Board Addresses Debt Collection; Samet Changes the Conversation

FTC reaches settlement with Chicago operators of alleged fake debt collection scheme

Consumer Credit in U.S. Rises by Most Since November 2016

Registration is Open for the 2017 Virtual Bankruptcy Workshop!

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

Register for November’s Webinar!

How to Introduce an Appraiser’s Testimony and Appraisal as Evidence in Bankruptcy Court

Date: Thursday, November 9, 2017, 3:00 PM – 4:15 PM Eastern
Presented By: James J. Haller, Esq.
Cost:  $25 Member / $75 Non Member
Register: HERE

What’s New at NACBA?

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver! Registration opens November 13,2017!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 

Bankruptcy News Briefs 11/2

Check Out The Headlines Making News…

President Donald Trump Signs Repeal of CFPB’s Mandatory Arbitration Rule

FTC Bans Operators of Debt Collection Scheme from Industry

Judge Braden Denies Pending Motions in Dept. of ED Debt Collection Matter

Chapter 13 Debtor Can Put Earnings Into 401(k)

Supreme Court Struggles With Who’s an ‘Insider’ in Bankruptcy

Bankruptcy Provisions Signed Into Law Help Farmers, Add Judges

Second Circuit Declines to Rehear Decision on Revoking TCPA Consent

Postpetition 401(k) Contributions are Allowable Deductions in Calculating Disposable Income for Chapter 13 Plan Purposes

Supreme Court Set for Argument in ‘High Stakes’ Bankruptcy Case

Abandonment May Not Be Revoked Upon Unexpected Increase in Value

Trump Kills Cordray’s Arbitration Rule; Would He Do the Same for Debt Collectors?

Register for November’s Webinar!

How to Introduce an Appraiser’s Testimony and Appraisal as Evidence in Bankruptcy Court

Date: Thursday, November 9, 2017, 3:00 PM – 4:15 PM Eastern
Presented By: James J. Haller, Esq.
Cost:  $25 Member / $75 Non Member
Register: HERE

What’s New at NACBA?

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver! Registration opens November 13,2017!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018!