Department of Education

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!

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Bankruptcy News Briefs- 4/09

Today’s consumer and bankruptcy headlines are…

Department of ED vs. Collection Agencies Saga Will Come to a Head on April 16

11th Circuit: Letter Offering to “Resolve” Out of Stat Account Contains Implicit Threat of Litigation, Requires Out of Stat Disclosure

‘Lousy system’: U.S. official who resigned explains how the student debt crisis got so bad

9th Circuit Holds Creditor May be Vicariously Liable for Debt Collectors’ Alleged TCPA Violations

Student-Debt Relief a Personal Issue for Many Lawmakers

JPMorgan CEO Jamie Dimon Calls Student Loans ‘Significant Issue’

To target ‘bad actors,’ CT demands data on student lenders from DeVos

CFPB Director Kraninger to serve as FFIEC Chairman

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!

JOIN US AT #NACBATheLand!

Register today!

Bankruptcy News Briefs- 3/22

The weekend is almost here! Before you start your plans, read the following…

Trump exec order to hold colleges accountable for student loan debt, free speech

Student loan debt: The government broke it, and must fix it

CFPB FDCPA Report Shows Market Trends, Frowns Upon Creditors Responding Directly to Verification Requests

The college admissions scandal isn’t just about rich, entitled people

District Court: 1099-C Language May State Claim for FDCPA Violation

Staffing shortage at Education Department’s loan default units frustrates struggling borrowers

CFPB’s Kraninger reverses Mulvaney changes to advisory board

Ex-CFPB Chief Cordray Attacks Trump Administration For Retreating On Consumer Financial Protection

Many consumers cite medical expenses as drivers of bankruptcy

President Donald J. Trump is Improving Transparency and Promoting Free Speech in Higher Education

DON’T MISS NACBA’S UPCOMING WEBINARS!

Ditech Chapter 11 Filing: The Good, the Bad, the Ugly, and the Really Ugly
Date: March 28, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: FREE for NACBA Members / $45 Non Member
Presenters: Tara Twomey, Esq., O. Max Gardner, Esq. and James Haller Esq.
Register HERE

Why You Should Attend:

Any consumer lawyer with any type of claim or issue involving mortgage servicing by Ditech or any Ditech Entities must learn the new signs along the Chapter 11 highway. This webinar is geared to attorneys of all levels who file bankruptcy and mortgage servicing cases.

What You Will Learn:

  • When and where Ditech filed Chapter 11, and what entities were included in filing
  • How to address automatic stay and claims against Ditech
  • What is allowed and not allowed regarding partial relief from stay
  • Who must file proof of claim, where these claims should be filed, and the bar date for filing
  • Whether you can object to Proof of Claim by Ditech in your bankruptcy case
  • Whether Ditech can foreclose post-filing of the Chapter 11 and file a Motion for Relief from stay post filing
  • Whether you can send requests for information (RFIs) and notices of error (NOEs) NOEs to Ditech under RESPA and Reg X, file counter-claims, complaints, or adversary proceedings re Ditech, and claim right of set-off or recoupment in client’s Proof of Claim

Expand Your Practice with Chapter 12: A Chapter 12 Primer
Date: April 4, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rebecca R. Garcia Esq., Chapter 13 Trustee (WI), Jan M. Sensenich Esq., Chapter 13 Trustee (VT) and James Haller Esq.
Register HERE

Chapter 12 is a powerful tool to assist debtors who qualify as farmers or fishermen. There has been an increase in chapter 12 cases filed across the country and there is a need for experienced debtors’ counsel to represent them. However many consumer attorneys are uncomfortable with chapter 12 cases because they are not aware of the different requirements and deadlines. This panel will bring you up to speed and give a primer on chapter 12 practice.

Why You Should Attend: You need to make more money and expanding your practice to include chapter 12 cases is a great opportunity.

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?

EARLY BIRD REGISTRATION ENDS TODAY FOR #NACBATheLand!

REGISTER NOW!

Bankruptcy News Briefs- 3/13

Dive into today’s midweek news briefs…

11th Circuit Affirms that a Final Discharge Order Moots Creditor’s Appeal of Dismissed Dischargeability Complaint

Trump’s Budget Proposal Could Increase College Student Debt, Raise Costs

How to take action on a debt you do not owe

Trump wants colleges to have ‘skin’ in student loan debt game

Here’s The Real Difference Between Good Debt And Bad Debt

Trio of New York Bills Would Extinguish Debt, Require Licensing and Impose Additional Requirements in Collection Litigation

Kraninger Testimony Before Senate Banking Committee Focuses on Data Privacy, CFPB Structure, Student Loans, Military Lending Act, and Payday Lending Rule

Student Loans Change Lives

Imposter Scams Top FTC’s List of 2018 Consumer Complaints

2nd Circuit rules for N.Y. debt collector in lawsuit over disclosures

Democrats attack Trump’s CFPB director for reopening payday lending rule

Lawmakers blast Wells Fargo chief over response to scandals

REGISTER FOR NACBA’S NEW UPCOMING 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.

Expand Your Practice with Chapter 12: A Chapter 12 Primer
Date: April 4, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rebecca R. Garcia Esq., Chapter 13 Trustee (WI), Jan M. Sensenich Esq., Chapter 13 Trustee (VT) and James Haller Esq.
Register HERE

Chapter 12 is a powerful tool to assist debtors who qualify as farmers or fishermen. There has been an increase in chapter 12 cases filed across the country and there is a need for experienced debtors’ counsel to represent them. However many consumer attorneys are uncomfortable with chapter 12 cases because they are not aware of the different requirements and deadlines. This panel will bring you up to speed and give a primer on chapter 12 practice.

Why You Should Attend: You need to make more money and expanding your practice to include chapter 12 cases is a great opportunity.

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!

 

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- 3/08

Start your weekend early with the following news briefs…

Bankruptcy Court Approves Higher Hourly Rate for Attorney Who Attended CLE

Kansas Bankruptcy Court Denies Motion to Extend Deadline to Object to Discharge When Debtor Has Been Cooperative, Courts in the 10th Circuit Must Strictly Enforce the Discharge Objections Deadline.

Move To Pull Consumer Protection Rule Heightens Debate Over Payday Lending

Consumer watchdog agency and its leadership under scrutiny

Lawmakers zero in on student loan oversight at CFPB

Lawmakers Propose Bill to Help Disabled Veterans Who Seek Bankruptcy

U.S. Consumer Debt Rose in January on Credit-Card Borrowing

U.S. Household Wealth Slumped in Fourth Quarter While Stocks Fell

How Student Loans Affect Your Credit

Durbin reintroduces bill to end student loan debt crisis

46% of Millennial Borrowers Don’t Want Their Kids to Have Student Loans: Survey

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.

Bankruptcy News Briefs- 2/27

The bankruptcy & consumer news briefs for today include…

9th Circuit Rules on Whether Chapter 20s Are Per Se Bad Faith Filings and Whether An Obvious Intended Lien Avoidance Action Affects Eligibility Under 11 U.S.C. § 109

7th Circuit Clarifies Issues Regarding The “Finality” of Lower Court Orders on Appeal

7 Best Personal Finance Tips For 2019

Can the FDCPA’s One-Year Statute of Limitations Be Expanded under the “Discovery Rule”? Supreme Court Will Decide

With Student Loan Debt At $1.5 Trillion, Some Are Looking For Career Paths That Avoid College

Saving For Retirement In Your 20s: The Effect Of Student Loans

Public-interest lawyers who sued over student-loan forgiveness are one step closer

Three Major Points from Rep. Maxine Waters’ Letter to CFPB Employees

House Financial Services Committee Announces March 7 Hearing on CFPB

Credit-Reporting Companies Told Their System Is ‘Broken’

CFPB Asks Manhattan US Judge to Compel Law Firm’s Response in Probe of Debt Collection Firm

REGISTER FOR NACBA’S UPCOMING LIVE WEBINARS!

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.

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?

JOIN US IN CLEVELAND!

Find out more about #NACBATheLand & Register today!