FCC

Bankruptcy News Briefs 9/21

Take A Moment to Dive Into Thursday’s Headlines…

The United States Could Not claim Sovereign Immunity in Debtors’ Adversary Proceeding to Retain their Tax Refund

This First-Party Thing is Heating Up

Court Rules “Reply-by” Date Falling Outside 30-day Validation Notice Not a FDCPA Violation

Final Isn’t Necessarily Final if CFPB Payday Rule Released

Liens and Judgments Data: Not Gone for Good

Judicial Estoppel Defense in Bankruptcy Claims Likely to Get More Difficult

Credit Card Delinquencies Starting To Inch Up Again In The US

Why the United States was wide open to a disaster like Equifax

Student debt is delaying millennial homeownership by seven years

High Anxiety As First Student Loan Forgiveness Program ‘Graduates’ Await Relief This October

Register for NACBA’s 2017 Hill Day!

Don’t miss NACBA’s 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

Please sign into your NACBA Member Account to Register now for Hill Day at Home!

DEADLINE TO REGISTER FOR NACBA’S HILL DAY IS FRIDAY, SEPTEMBER 22, 2017

NACBA Membership Promotion! 

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.

Upcoming Webinars!

Today’s Webinar!
DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BYEdward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non-Member
REGISTERHERE

Top 10 Ways to Drastically Increase Lead Conversion

DATE: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
PRESENTED BY: Stephen Fairley, Founder & CEO of The Rainmaker Institute
COST:  Member Benefit – No Cost for NACBA Members
REGISTERr: HERE

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!
Advertisements

Bankruptcy New Briefs 9/12

Stay Informed…Check out Today’s Headlines…

Consumer Borrowing Turns Around in July

From the Web: ‘Equifax Breach May Kill Repeal of CFPB Mandatory Arbitration Rule’

9th Circuit Opinion Highlights Right to Cure Provision in California’s Rosenthal FDCPA

Statement of National Consumer Law Center Staff Attorney Chi Chi Wu on the Equifax Data Breach that Affected 143 Million Consumers

Debtor’s Concerns about her future Income and the Distribution of her Non-exempt Assets in chapter 7 proceeding were Not Special Circumstances within the meaning of § 707(b)(2)(B)

Chapter 13 Debtors Could Modify their Plan in order to Defer Payment of Arrears Beyond Initial Plan Term Since it was Within 60-month Period Mandated by Section 1329

Debtor’s Law Firm had to Disgorge Attorney’s Fees Where it Improperly “Unbundled” its Services and Created Conflicts with Client

TCF Bank Sees Partial Ruling In Its Favor In Overdraft Fees Case Lodged by CFPB

Shindler & Joyce accused of misrepresentation in debt collection

Consumers piled on credit card debt in second quarter

Does The Fair Credit Reporting Act Preempt State-Law Claims For Unfair And Deceptive Trade Practices?

Don’t miss NACBA’s 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

Please sign into your NACBA Member Account to Register now for Hill Day at Home!

DEADLINE TO REGISTER IS FRIDAY, SEPTEMBER 22, 2017

Upcoming Webinar!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BYEdward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non Member
REGISTERHERE
DATE: Thursday, September 14, 2017 @ 4:00 PM Eastern to 4:45 PM Eastern
PRESENTED BYJames Haller, Esq., Sulaiman Law Group Ltd. Chicago, IL
COST: $25 Member / $75 Non Member
REGISTERHERE

NACBA Events

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 9/6

Midweek Headlines from NACBA…

Contingent Interest in Realty Commissions Is Property of Estate

Statement re: DeVos Decision to Stop Working with CFPB to Protect Student Loan Borrowers

Department of ED to CFPB: Thanks, We’ll Handle Oversight of Student Loan Servicers by Ourselves

Chapter 7 Debtor Could Not Deduct $1,540 in Monthly Expenses he Paid for Adult Daughter’s Family as “Special Circumstances” on Means Test

FTC Enters Consent Order with Final Defendant in Alleged 2015 Debt Collection Scheme

Does a removed trustee have a duty to see to it that the fiduciary reins are assumed by a qualified successor?

New credit accounts growing faster than consumers’ incomes

Why filing bankruptcy may not necessarily stop a home foreclosure

Unpaid Medical Bills Rise As Congress Weighs Obamacare Fix

2017 Hill Day Registration is Open!

Don’t miss NACBA’s 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

Please sign into your NACBA Member Account to Register now for Hill Day at Home!

DEADLINE TO REGISTER IS FRIDAY, SEPTEMBER 22, 2017

Upcoming Webinar!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BYEdward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non Member
REGISTERHERE

NACBA Events

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

 

Bankruptcy News Briefs 9/5

New Month New Headlines…

No Bad Faith for Failure to Voluntarily Devote Social Security Funds to Plan

RMA Recommends Suspension of Communications to Consumers Located in Areas Affected by Tropical Storm Harvey

Federal Judge Dismisses CFPB’s Claims Against Debt Collection Service Providers

College Football Tickets are Property of the Estate which Trustee May Sell for Benefit of Creditors

Court Sanctioned Creditor, an experienced Bankruptcy Attorney, who Feigned Ignorance of the Law, with $5,000 in Punitive Damages for Egregious Violations of the Automatic Stay and Discharge Injunction

From the Web: ‘CFPB Director Evasive About Possible Resignation’

Republicans Accelerating Repeal Of Rule To Restore Consumers’ Right To Sue Banks

HHS Secretary Issues Directive on HIPAA Privacy During Public Health Emergency

FTC Court Order Bans Debt Collector from Industry

CFPB Rule Fight Forces Senators to Choose: Military Families or Big Banks

Education Dept. Ends Partnership With CFPB

Wells Fargo’s latest fake account revelation proves why the CFPB must survive

Recent Massachusetts AG consent order places new requirements on debt collection law firm

Liz Weston: Credit Bureaus Ease Medical Debt Pain for a Few

US Credit Card Debt Sets New Record—But Is That a Problem?

“Modest” Overstatements of Amount Due and Interest Rate Actionable Under FDCPA, Ninth Circuit Rules

2017 Hill Day Registration is Open!

Don’t miss NACBA’s 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

Please sign into your NACBA Member Account to Register now for Hill Day at Home!

DEADLINE TO REGISTER IS FRIDAY, SEPTEMBER 22, 2017

Upcoming Webinar!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BYEdward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non Member
REGISTERHERE

NACBA Events

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 8/31

Take A Moment to Read the Headlines…

Study: Millennials’ Credit Card Use is On the Decline

Wells Fargo: There were nearly 70 percent more potentially fake accounts opened than originally thought

TCPA Case Law Review for July and August 2017

New Collection Letter Lawsuits in California and New York: What Your Agency Needs to Know Now

Debtor Could Not Counter Motion to Lift Automatic Stay with Proposal to Pay Post-Petition Arrears on New Payment Schedule, as that would be an Alteration of Payment Terms in Violation of the Anti-Modification Clause in §1322(b)(2)

Debt Collector Fined $25 Million

Butte County couple accuse debt collector of FDCPA violations

Debt settlement a bad alternative to bankruptcy

Debtor Who is Neither a U.S. Citizen nor a Permanent Resident May Claim Florida’s Homestead Exemption

Recent Massachusetts AG consent order places new requirements on debt collection law firm

San Diego firm supposedly defamed and abused process with Philly plaintiff

Upcoming Webinar!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BYEdward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non Member
REGISTERHERE

NACBA Events

  • NACBA’s 2017 Hill Day at Home October 16- October 20, 2017.
  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 8/30

Catch Up On Midweek Headlines…

FTC Alleges Extensive FDCPA Violations Against North Carolina Debt Collection Operation

FCC Committee to Consider Recommendation on Blocking Unwanted Calls

Illinois Governor Vetoes ‘Student Loan Servicing Rights Act’

3 Lessons You Should Take From the Latest 1099(c) Letter Case

Court Rules Revocation of Consent for One Creditor Does Not Revoke Consent for Another

ED Updates Court on Debt Collection RFP Status; Requests Extension

Report: States Battle to Restrain High-Cost Installment Loans

Court Gets It Wrong on Exempt Property as Disposable Income

Court Hits Nationstar with $40,000 in Punitive Damages since its Delay in Following Court Orders Caused Debtor to Incur Damages

Consumer claims Premier Recovery Group attempted to collect already settled alleged debt

Student loan balances jump nearly 150 percent in a decade

“Modest” Overstatements of Amount Due and Interest Rate Actionable Under FDCPA, Ninth Circuit Rules

Upcoming Webinar!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BYEdward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non Member
REGISTERHERE

 

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

In today’s Consumer Bankruptcy Journal highlight read, “In re: Kearney (kearney vs Navient Solutions Inc. et. al )Adv. Case  No. 16-3024-Southern District of Ohio Western Division at Dayton,” by Brian Flick, Esq.

Exciting Upcoming Events

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 8/29

Check Out Today’s Headlines…

From the Web: CFPB Expected to ‘Scale Back’ Rule on Small-Dollar Lending

Another U.S. District Court Rules Human Call Initiator is Not an ATDS

Court Dismisses CFPB Lawsuit Due to Willful Failure to Participate in Discovery and Obey Court Orders

Advocates File Amicus Brief To Defend Consumers Against Capital One Overdraft Fee Practice

CFPB Releases Misleading Report On Social Security Deferral Strategies

A Law Firm ‘Cleverly’ Used Ellipses to Fight a CFPB Investigation. But It Still Lost.

Debt Collector Not Liable Under The TCPA For Post-Revocation Calls Made On Behalf Of A Different Creditor

Debt collector accused of violating phone privacy law

Ohio Number One For Student Loan Debt

If anti-consumer bank law is passed, more Wells Fargo-like scandals are coming

Consumer Credit: Privilege Or Entitlement?

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners will be selected at random each month.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

Andrew Carroll gives an insight into a rather complicated matter in his article,” The Preemption of State Court Claims Based on Frivolous Bankruptcy Actions: When the Overwhelming Weight of the Authority Isn’t Enough,” in today’s Consumer Bankruptcy Journal highlight.

Exciting Upcoming Events!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!