debt collection

Bankruptcy News Briefs- 2/12

Tuesday’s news briefs are…

Bankruptcy Court Denies USA’s Blanket Request for Tolling of Deadlines During Lapse of Appropriations

FTC freezes debt collectors seeking payment of ‘phantom’ debts

Federal Court in Texas Finds No Confusion Over Letter with Same Account Number for Two Separate Medical Debts

OCC Issues Statement in Support of Proposed Revisions to CFPB Payday Loan Rule

CFPB Proposes Revisions to Small-Dollar Loan Rule

House Financial Services Committee Asks CFPB for Information on No Restitution Settlements

This is the real reason most Americans file for bankruptcy

Is this the way to curb student loan defaults?

REGISTER FOR NACBA’S UPCOMING LIVE WEBINARS!

Circuit Case Law Update
Date: February 21, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: Free for NACBA Members  / $75 Non Member
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

Join us for a discussion of the most interesting recent cases from each federal circuit led by the NACBA Circuit Leader for each circuit. Stay on top of the most interesting cases from across the country.

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.

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.

SAVE THE DATES #NACBAPR

Join us in San Juan from December 7-9, 2019!

 

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.

 

Bankruptcy News Briefs- 1/25

It’s Friday! Close out your work week with these news briefs

Bankruptcy Court defines Surrender Citing Roberto Duran, George Custer and Napoleon

CFPB’s No. 3 to depart, join New York AG

One study, two vastly different visions for CFPB payday rules

CFPB Releases Assessment Reports Analyzing the Ability to Repay and RESPA Servicing Rules

Why does the bankruptcy code discriminate against disabled veterans?

Small Business Bill Aims To Streamline Bankruptcy Filings

5 House freshmen to watch on housing issues

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.

ONLY 5 DAYS LEFT TO REGISTER FOR HILL DAY 2019!

Register now!

Bankruptcy News Briefs- 1/24

Today’s bankruptcy and consumer news includes

Bankruptcy Court Says Call First Before Seeking Attorney’s Fees

Yet Another 1692g “In Writing” Case Denied Dismissal in E.D. Pa.

Non-Judicial Foreclosure and the FDCPA: How the Supreme Court’s Looming Decision in Obduskey v. McCarthy & Holthus LLP Could Affect Law Firms and Collections Agencies Alike

New York Mandates New Consumer Protections for Relatives of Deceased Debtors

National Do Not Call Registry offline until shutdown resolved

This New Student Loan Employment Benefit Is Making Waves

Fed launches new article series; first issue focuses on student loans

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.

Bankruptcy News Briefs- 1/18

Before you settle into your weekend plans, read the following articles

Title Loans Aren’t Valid Deductions on Means Test Says Utah Bankruptcy Court

Elizabeth Warren Wants Wells Fargo to be Expelled From College Campuses

CFPB Defends Its Constitutionality to Ninth Circuit Panel: Will Kraninger Have a Change of Heart?

Congresswoman Maxine Waters Plans to “Undo the Harm Done” to the CFPB

9 Student Loan Tax Tips For 2019

34 Devastating Stories About How People Are Still Crushed By Medical Debt

Waiving or Forfeiting the Right to Arbitrate—Recent Cases Tackle Issue

Lack of Settlement Payment Due Date Raises Issues in E.D. Wisc., “Promptly” is Not Enough

DON’T MISS NACBA’S UPCOMING LIVE WEBINARS!

Our Prayer for the Blessed Resurrected Exemption: Invoking and Asserting Exemptions in Reopened Cases
Date: January 24, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Debrah DeMack Esq., Billy Brewer ESQ. & James Haller, Esq.
Register HERE

The panel will discuss the law, procedures and give advice on how best to represent a client who has an omitted asset and needs to reopen their case. The panel will discuss the possible challenges to claiming exemptions including excusable neglect and share their documents and experience fighting them.

Why You Should Attend: We all have (or will have) clients that call us after a bankruptcy is closed with an omitted asset. We all need to know what the state of the law is and how to best protect your client and the missing asset.

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 COMING SOON

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.

Bankruptcy News Briefs- 1/16

Here are new bankruptcy news briefs as we enter the 16th day of 2019

Effect of Government Shutdown on Consumer Bankruptcy Proceedings

The No. 1 way to avoid financial disaster, according to this New York bankruptcy judge

PG&E Bankruptcy Tests Who Will Pay for California Wildfires

This government shutdown ignores massive problems threatening America’s future

6 Money Moves to Make If You’re Worried About a Recession

Revamped Relief: The CFPB’s Proposed Rule to Improve its No-Action Letter Program and to Establish a Regulatory Sandbox

Here’s How Much Debt Collectors Earn In Every State

2nd Circuit rejects appeal by Buffalo, NY debt collection defendant

VA Suspends Debt Collections for Furloughed Feds

Supreme Court Hears Argument on Future of FDCPA Landscape

PG&E tells retirees not to worry about pensions even in bankruptcy

Student Loans Keeping You From Buying A Home? Think Again

Florida Board of Health suspends health care licenses over student loan defaults

DON’T MISS NACBA’S UPCOMING LIVE WEBINARS!

Our Prayer for the Blessed Resurrected Exemption: Invoking and Asserting Exemptions in Reopened Cases
Date: January 24, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Debrah DeMack Esq., Billy Brewer ESQ. & James Haller, Esq.
Register HERE

The panel will discuss the law, procedures and give advice on how best to represent a client who has an omitted asset and needs to reopen their case. The panel will discuss the possible challenges to claiming exemptions including excusable neglect and share their documents and experience fighting them.

Why You Should Attend: We all have (or will have) clients that call us after a bankruptcy is closed with an omitted asset. We all need to know what the state of the law is and how to best protect your client and the missing asset.

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 COMING SOON

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.

REGISTER BY FEB. 1 FOR HILL DAY 2019 IN D.C.!

Hill Day will take place from February 25-27, 2019 in Washington, D.C.! Hotel information is now available.

Don’t delay and register today!

Bankruptcy News Briefs- 1/15

Consumer law changes are taking effect in 2019. Read about them and more below

Consumer Law Changes Taking Effect in 2019

Here’s a break down of the PG&E plan to file for bankruptcy

Sixth Circuit: “Cease” Requirement Includes Third Party Activities Put Into Action by Debt Collector

Regulators Urge Financial Institutions to Work with Borrowers Impacted by Shutdown

Supreme Court turns aside challenge to Whitaker as acting attorney general

Supreme Court refuses to hear case challenging constitutionality of CFPB

Trusted USAA To Pay $12 Million For Violating Consumer Protection Laws

SCOTUS Denies Petition for Certiorari Filed in Case Challenging CFPB’s Constitutionality

DON’T MISS NACBA’S UPCOMING WEBINARS!

Our Prayer for the Blessed Resurrected Exemption: Invoking and Asserting Exemptions in Reopened Cases
Date: January 24, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Debrah DeMack Esq., Billy Brewer ESQ. & James Haller, Esq.
Register HERE

The panel will discuss the law, procedures and give advice on how best to represent a client who has an omitted asset and needs to reopen their case. The panel will discuss the possible challenges to claiming exemptions including excusable neglect and share their documents and experience fighting them.

Why You Should Attend: We all have (or will have) clients that call us after a bankruptcy is closed with an omitted asset. We all need to know what the state of the law is and how to best protect your client and the missing asset.

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 COMING SOON

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.

Bankruptcy News Briefs- 1/10

Don’t miss this Thursday’s bankruptcy and consumer briefs…

Sears bankruptcy: Sears gets last-minute offer to potentially avert liquidation

Can You Discharge Your Student Loans In Bankruptcy?

U.S. Bank Defeats Suit Over Residential Mortgage Trust Losses

No Pay Is No Excuse for Lawyers Amid Shutdown

Silicon Valley’s Finest Minds Solve The Student Debt Crisis – By Aping England’s Loans

‘Income Sharing’ Is Wall Street’s Potentially Predatory Alternative to Student Loans

Looking at the Malign Effects of Parent PLUS College Loans

REGISTER FOR TODAY’S WEBINAR!

They Did What?! The 2018 Case Law Year in Review
Date: January 10, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Tara Twomey, Esq., James Haller, Esq.
Register HERE

The panel will discuss the major cases that occurred in 2018 and pending cases before the Supreme Court and Courts of Appeal that may affect your bankruptcy practice.

Why You Should Attend: We all need to stay on top of the major decisions from 2018 and pending decisions which may change our practice and advice to clients. Make sure you are current and haven’t missed any important decisions.

Bankruptcy News Briefs- 1/08

Check out this Tuesday’s following news briefs…

Judiciary Operating on Limited Funds During Shutdown

Why This For-Profit College Will Cancel $500 Million Of Student Loans

Voters to Congress: Find ways to lower our student debt

Email Provides Glimpse into Kraninger’s Vision for CFPB

Mulvaney recently inquired about top university position: report

A PG&E Bankruptcy Would Leave Utility in Turmoil for Years

It’s lights out for Sears on Tuesday unless Eddie Lampert can sweeten his bid

Three Reasons The Government Shutdown Is Hurting Small Businesses

Wells Fargo customers to be compensated under 50-state settlement

This home-buying strategy could come back in style as mortgage rates rise

Supreme Court debates the meaning of the term ‘debt collector’ in a foreclosure protections case dating back to the financial crisis

REGISTER FOR NACBA’S UPCOMING WEBINARS!

They Did What?! The 2018 Case Law Year in Review
Date: January 10, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Tara Twomey, Esq., James Haller, Esq.
Register HERE

The panel will discuss the major cases that occurred in 2018 and pending cases before the Supreme Court and Courts of Appeal that may affect your bankruptcy practice.

Why You Should Attend: We all need to stay on top of the major decisions from 2018 and pending decisions which may change our practice and advice to clients. Make sure you are current and haven’t missed any important decisions.

Our Prayer for the Blessed Resurrected Exemption: Invoking and Asserting Exemptions in Reopened Cases
Date: January 24, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Debrah DeMack Esq., Billy Brewer ESQ. & James Haller, Esq.
Register HERE

The panel will discuss the law, procedures and give advice on how best to represent a client who has an omitted asset and needs to reopen their case. The panel will discuss the possible challenges to claiming exemptions including excusable neglect and share their documents and experience fighting them.

Why You Should Attend: We all have (or will have) clients that call us after a bankruptcy is closed with an omitted asset. We all need to know what the state of the law is and how to best protect your client and the missing asset.

Bankruptcy News Briefs- 1/07

Jumpstart your week with the following headlines…

Bankruptcy filings are at a 10-year low, but that’s not necessarily good news

California utility PG&E explores bankruptcy filing: Sources

With major financial protections on hold, here’s how you can guard your investments

Compliance: CFPB releases guidance on public HMDA data

Conflicts of interest, student loan debt, protecting Great Lakes on Midwestern lawmakers’ minds

Solving the Student-Loan Debt Crisis

REGISTER NOW!