FDCPA

Bankruptcy News Briefs 9/25

New Week…New Headlines…

CFPB Action Against Equifax Imminent

Overshadowed and Contradicted: Third Circuit Rules Second Demand Letter Violated FDCPA’s “Validation Notice” Requirement

On Anniversary of 7th Amendment, More than 400 Professors in All 50 States Urge Congress Not to Take Away Our Day in Court

Student loan debt doesn’t just hurt students. It hurts the U.S. economy, too

Report: Unaccountable CFPB Regulators Do More Harm than Good for Consumers

House Financial Services says CFPB failed to adequately investigate Wells Fargo in fraud case

Update on The CFPB’s Enforcement Case against Ocwen Financial Corporation

Equitable Mootness Doctrine Persists in Bankruptcy Appeals

Is the CFPB’s Regulatory Power Limited?

NACBA’s 2017 Hill Day!

NACBA is excited for 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.

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.

Register for NACBA’s October Webinar!

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
REGISTER: 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!
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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!

Bankruptcy News Briefs 9/19

In Tuesday’s Headlines…

CFPB Orders Private Student Loan Trust Company and Debt Collector to Pay $21.6 Million

Legislation Updating Michigan Statutes on Collection Agency Attorneys Passes in Senate Committee

FCC Committee Meets About Unwanted “Robo” Calls; Makes More Recommendations

The Dizzying Number Of CFPB Complaints Against Equifax Since 2012 Should Infuriate You

Notwithstanding Trustee and Creditor Objections, Court Granted Chapter 13 Debtor’s Motion to Direct Where Funds Held by Trustee Go When She Voluntarily Dismissed Confirmed Case

Less than 20% of Americans say they’re living the American Dream—here’s why

CFPB’s Richard Cordray wants to replace arbitration with a broken class-action system

When The Payday Lending Rule Drops, Opponents Are Ready To Attack

United States District Court Dismisses CFPB Enforcement Claims Over Discovery Abuses

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

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
Register: HERE

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 9/15

Headlines Closing Out the Week…

From the Web: Senate Bill Includes Revival of Pell Grant Eligibility

Senator Warren introduces Equifax bill, launches industry probe

Credit Card Debt Continues to Approach Post-Recession Highs

Court Sanctions Plaintiff’s Attorney a Second Time in FDCPA Case

How the CFPB Should Respond to Equifax

Casino failed to Show that Debtor’s Gambling Debt Arose as a Result of Willful and Malicious Conduct

Senate bill calls for free credit freezes after Equifax breach

State Bill Would Stop Debt Collectors From Emptying Bank Accounts

Trustees’ Role in Changes to Model Plans Unfair to Creditors

Ponzi Lost Profits Paid Before Late-Filed Claims for Principal

Gambler Loses at Tables, Wins in Bankruptcy Court

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 9/14

Thursday’s Headlines…

Court Sanctions Plaintiff’s Attorney a Second Time in FDCPA Case

CFPB Report Highlights Debt Collection Issues; Collectors AND Creditors Should Take Note

In Chapter 7 IRA Exemption Protects Funds even if not Rolled Over

CFPB Releases Latest Supervisory Highlights Report

Consumer Spending on the Rise While Savings Rate Declines

No Jurisdiction over Appeal of District Court Vacation of Confirmation Order

9th Circuit Tackles Arbitration Involving State-Sponsored Debt Collection

Debt collector accused of violating federal law

FTC Cracks Down on Lead Generation Company’s Indiscriminate Sharing of Consumers’ Sensitive Data

Debtor Who failed to Disclose $5,000 in Lockbox Received Discharge since UST Failed to Show Requisite Intent

Record Household Debt Limits GDP Growth Going Forward (Article 8 Of 10)

Collection of Periodic Mortgage Payments Does Not Violate the Discharge Injunction

BAP says District’s Model Chapter 13 Plan did Not Exceed the Bankruptcy Court’s Rule-Making Authority

 

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 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 9/11

News Kicking Off Monday…

Debtor Failed Means Test Where he Could Not Justify Excess Rent Payment and Overstated his Truck Payment

Debt Owed to State Bar by Former Lawyer, which was a Penalty and Not Compensation for Pecuniary Loss, was Non-Dischargeable under § 532(a)(7)

Wells Fargo’s fraudulent accounts under investigation by Iowa attorney general

65-plus crowd facing growing burden from student loan debt

Rauner yanked the plug on student loan bill of rights. Lawmakers need to bring it back.

No Surrender: Massachusetts Appeals Court Preserves Foreclosure Challenges for Bankruptcy Petitioner

This Week In Credit Card News: The Average Consumer’s Credit Card Debt;

Equifax hack: What’s the worst that can happen?

Richard Cordray Says CFPB and DOE Can Work Together on Student Loans

The Gathering Avalanche: “Robocall” Blocking, and What Can be Done

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
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!