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Bankruptcy News Briefs 4/14

A Glimpse Into the Consumer Bankruptcy Journal

Jim Haller, Sulaiman Law Group & NACBA President

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Student loan debt is quickly becoming a national crisis and in many ways chocking our society and the potential for young people to flourish. In a contentious election one thing the candidates agrees on is that student loan debt is a crippling problem in the United States. In today’s glimpse of the CBJ, Jim Haller, President of NACBA addresses this issue in his article, “President Trump is Right, We Need to Remove the Albatross of Student Loan Debt From Our People and Families.”

NACBA25 is Less Than A Month Away! Are You Registered?

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today!

Receive a $25 Amazon Gift Card!

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the Requirements and start referring today!

It’s a New Month! Renew Your Membership to Enter This Awesome Giveaway!

Renew your membership in April and be 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

Bankruptcy News Briefs 4/12

From the Web: Household Debt Balances and Borrower Demographics Shift Since 2008

Debtor Established Valid Defense of Laches Against Creditor’s Motion to Dismiss under § 707(a)f

Credit Card Debt Surpasses $1 Trillion

CFPB Office of Consumer Response Provides Updated Complaint Trends in Annual Report

NEW REPORT SHOWS VICTIMS OF AGGRESSIVE TACTICS FROM MEDICAL DEBT COLLECTORS

CFPB hearing proves consumer finances are at risk again

Consumer Complaints About Medical Debt Collectors, and How the CFPB Can Help

Consumer accuses Healthcare Receivables Group of improper debt collection practices

Betsy DeVos undoes Obama’s student loan protections

Rising Student Loan Debt Seen as Further Hurting Homeownership Rates

Argument preview: Court to consider application of Fair Debt Collection Practices Act to debt buyers

Keep On Truckin’: Priority Rules Still Rule in Structured Dismissals

Bankruptcy judge shortage could ‘cripple’ Delaware

Consumers Slowly Getting Savvier About Finances

Foreclosures, Delinquencies Drop Year-Over-Yeau

Court Finds No Pro-Bank Bias From Judge in Foreclosure Case

A Glimpse Into the Consumer Bankruptcy Journal

Professor Jason Killborn

Everyone is talking about the newly appointed Supreme Court Justice, Neil Gorsuch, but what does his appointment mean for bankruptcy cases? Read Professor Jason Killborn’s article, “What to Expect From Justice- To-Be Gorsuch on Bankruptcy,” where he discusses three bankruptcy cases and gives insight on what bankruptcy attorneys and their clients may expect from Supreme Court Justice Gorsuch in his tenure.

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Bankruptcy News Briefs 4/6

CFPB Director Cordray’s Testimony Gets Off to a Heated Start

Court Rules FDCPA Statute of Limitations Begins When Violation is Discovered

Public Defender who was Employed and Eligible for Public Service Loan Forgiveness Failed the Brunner Test to Discharge Student Loans

The New Shape of US Household Debt

New concerns about growing consumer debt

Advocates worry new IRS debt collection service leads to fraud, confusion

Consumer accuses debt collector of false, deceptive communication

$1.90 Can’t Buy You an FDCPA Violation

Republicans accuse CFPB of dawdling on Wells Fargo probe

Judge Rules with Plaintiff in Credit Suisse Suit

Res Judicata Does Not Bar Post-Confirmation Objection to POC

NACBA25 is Only a Month Away! Are You Registered?

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A Glimpse Into the Consumer Bankruptcy Journal

When a client files for bankruptcy there are a number of emotions associated with this sometimes turbulent times. In Eric Olsen’s article, “Counseling Bankruptcy Clients About Guilt and Debt,” gives a unique perspective on this important topic as a bankruptcy attorney.

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Bankruptcy News Briefs 4/5

Collectors Take Note: FDCPA Litigation Over Letters Continues

Will FCC Loss in Junk Fax Case Have Positive Impact on TCPA Cases?

When a tax refund means bankruptcy

CFPB Director Richard Cordray will Testify Before House Financial Services Committee

The Week Ahead: Hope For Credit Growth

CFPB: Mortgage Complaints Up Slightly From 2015

IRS will use private debt collectors, but warns of potential scams

What JPMorgan CEO Dimon gets wrong about the student debt crisis

Vermont Lawyer Jean Murray Takes on the Debt-Collection Industry

Annual survey finds consumers have more credit card debt, less in retirement savings

Divorce and Credit Card Debt

Caveat creditor: Risks of filing an involuntary bankruptcy

Many Americans use tax refund to pay for bankruptcy filing

5 alarming facts about America’s $1.3 trillion in student loan debt

Student-Debt Overhang Is Pushing Down U.S. Rates, Dudley Says

NACBA25 is Only a Month Away! Are You Registered?

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Bankruptcy News Briefs 3/29

CFPB Quietly Issues 2017 FDCPA Report to Congress

E-ZPass Collector Wins Dismissal; Court Rules Tolls Not Debts Under FDCPA

CFPB: Credit Card Complaints Focus Most Often on Billing, Fraud

Caddis Funding accused of violating debt collection laws

When Trustee Abandoned Debtor’s Home, he also Abandoned the Proceeds from Post-Petition Foreclosure Sale of Debtor’s Home

JPMorgan Chase’s head economist sees bright outlook for consumers

Wells Fargo Strikes $110M Settlement Deal in Fake Accounts Cases

Can a Creditor’s Inaction Violate the Automatic Stay?

Credit Reporting Remains a High Priority for the CFPB

Upcoming NACBA Events

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Receive a $25 Amazon Gift Card!

NACBA Membership Promotion!

Renew your membership this month and be 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

Bankruptcy News Briefs 3/28

Financial Fragility of U.S. Households in Latest Fed Survey Remains Neutral

Court Erroneously Requires that Exemption Attach to Equity

Dems working with GOP on consumer bureau revamp

Trump Administration Continues To Indicate Tide Change Away From Support Of The CFPB

CO lawmakers want to give consumers more protection against “zombie-debt” collectors

State AGs Ask Supreme Court to Spark Major Expansion to Scope of Federal Debt Collection Law

Defaulting on some student loans gets more costly

Bank of America ordered to pay $46 million to Lincoln couple for wrongful foreclosure

Consumer Confidence Doesn’t Reflect Facts

“Singular” Cases on Nondischarge and Dischargeability

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Bankruptcy News Briefs 3/27

Out of Stat Debt Case Offers Three Lessons to Collectors

FTC Settles With Collector Over Multiple Alleged FDCPA Violations

TCPA Defendant Settles Class Claims on Individual Basis Following Counterclaims for Harassment and Racketeering

Court Issues $45m Punitive Damages Award Against BofA

Chapter 13 Debtor’s Complaint Stated a Claim that Bank was Bound by Confirmed Plan

Send The Prepaid Card Rule To The Shredder

State AGs Ask Supreme Court to Spark Major Expansion to Scope of Federal Debt Collection Law

Six Graphs that Reveal Big Problems for Student and Auto Loans

Residents in these 10 states have the highest average credit card debt

Don’t Sleep on the Trump Administration and Student Loans

Judge Limits Retirement Funding in Chapter 13 Plan

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Bankruptcy News Briefs 3/23

Revisiting Dodd-Frank; Its Design May Make Next Crisis Even Worse

More Twists in ED’s ‘Dear Colleague’ Collection Fee Matter

Court Dismisses CFPB Complaint Against Payment Processor For Ignoring Red Flags

DOJ Brief Opposing CFPB Brings More Uncertainty

CFPB to Re-Examine Regulation

CFPB’s Next Move in Processor Case Bears Watching

Student loan collector pledges not to charge high fees permitted by Education Department

Confessions of a bankruptcy attorney: What people get wrong about bankruptcy

A First Look At February Delinquency Data

Judicial Foreclosure Sales are Immune to Preference Challenges

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Bankruptcy News Briefs 3/7

SCOTUS Poised to Decide Whether Debt Buyers Are Subject to the FDCPA

Attorneys need to understand the Fair Debt Collections Practices Act

Massachusetts joins amicus brief in Supreme Court case related to debt buyers

Motion Filed by U.S. Seeking Leave to File Amicus Brief by March 17 Signals Support for PHH

House Passes Rule That Would Require OMB Review of New CFPB Rules

Consumer debt and identity theft back on annual complaints list

Mortgage Servicer Defeats Class Certification Over Collection Practices Allegedly Targeting Discharged Mortgage Debts

Student Loan Troubles Growing Among Illinois Consumer Woes

Americans increasingly accumulate the wrong kinds of debt

Consumer alleges AFNI repeatedly called to collect discharged debt

Student loan debt bubble expands

CFPB, Dodd-Frank reforms won’t happen soon, CFPB expert says

Upcoming NACBA Events

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Register Today for Two New NACBA Webinars in March!

10 Critical Numbers That Will Determine the Success or Failure of Your Law Firm
Date: Tuesday, March 14, 2017, 2:00 PM-3:00 PM ET
Presented by: Stephen Fairley, The Rainmaker Institute
Cost: No Fee – NACBA Member Benefit
Register HERE

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Register HERE

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Bankruptcy News Briefs 2/23

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CFPB Requests Information on Proposed Student Loan Data Initiative

Defending the CFPB

CFPB’s First Jury Trial to Test Agency Overreach

Woman claims debt collector filed suit in different county to coerce her into paying alleged debt

Consumer Activists Decry Bill to Limit Class-Action Lawsuits

Bankrupt Single Mom Can Get Rid of Student Loans

Lawyers Lose $100,000 Award Despite Bankrupt Client’s Lie

Application of Bankruptcy Law to Internet Assets

Black Knight Financial Releases Latest Foreclosure Findings

NACBA Membership Promotion! Have you Renewed Your Membership?

Receive a $25 Amazon Gift Card When You Refer a New Member to NACBA!

Upcoming NACBA Events

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Save the Date! New NACBA Webinar in March

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Registration opens soon

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National Association of Consumer Bankruptcy Attorneys

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