FDCPA

Bankruptcy News Briefs- 2/13

Thursday’s headlines are…

Appeal Filed From Bankruptcy Court’s Decision Granting Discharge of Student Loan Debt

What A Bernie Sanders Presidency Could Mean For Student Loan Borrowers

Reaction to potential cuts to Federal Student Loan Forgiveness Program

Growing Federal Subsidies for Graduate Loan Debt

Even high-income consumers are feeling squeezed by credit card debt

Why it matters when you’re 90 days late on a payment

Vehicle debt is piling up, driven by demand for SUVs, trucks

A Small Step Toward Clarity? The CFPB Issues Policy Statement on “Abusiveness” Standard

Sixth Circ.: Attorneys Not Liable Under FDCPA for Reasonable Mistakes of State Law

UPCOMING LIVE WEBINARS

Circuit Case Law Update
Thursday, March 5, 2020, 4:00 PM EASTERN to 5:00 PM EASTERN
Cost: FREE for NACBA Members / $50 Non Member
Presenters: NACBA Circuit Leaders & James Haller, Esq.
Register HERE

NACBA’s Circuit Leaders will outline the most important cases in your circuits.

Why You Should Attend: Don’t be the last to know what issues are coming next to a court near you. Find out what to expect by learning about the trends and case law are working their through the courts.

How to Train Your Staff & Paralegals to SAVE Time & Money
Thursday, March 19, 2020, 4:00 PM EASTERN to 5:00 PM EASTERN
Cost: $25 Member / $75 Non Member
Presenters: Jenny Doling & James Haller, Esq.
Register HERE

The Panel will discuss how to train your staff and paralegals, and keep them alert to changes, in the most efficient manner.

Why You Should Attend: Your office needs to run as efficiently as possible to best represent your clients and maintain profitability. Learn from our panelists what works, doesn’t work, and how to plan ahead.

Learn more about what the student debt bomb is

Bankruptcy News Briefs- 2/11

All new Bankruptcy News Briefs read…

CFPB and Dept. of Education enter into new MOU on handling complaints; Director Kraninger tells lawmakers negotiations are underway for second MOU on supervision

CFPB Issues Semi-Annual Report to Congress

Trump: Here’s My New Plan For Your Student Loans

Wait, My Student Loan Balance Went Up After 5 Years?

What Happens to Student Loans in Divorce?

Trump’s $4.8 Trillion Budget Would Cut Safety Net Programs and Boost Defense

Trump Budget Proposes Cuts To Education

New York Proposes Licensing Consumer Debt Collectors

Be Careful What You Ask For, As Banks Increase Credit Lines

‘A major, major initiative’: California wants to create its own Consumer Financial Protection Bureau

Puerto Rico oversight board eyes bankruptcy exit by year-end

Bankruptcy judge disallows $2.3M in bank claims

UPCOMING LIVE WEBINARS

Circuit Case Law Update
Thursday, March 5, 2020, 4:00 PM EASTERN to 5:00 PM EASTERN
Cost: FREE for NACBA Members / $50 Non Member
Presenters: NACBA Circuit Leaders & James Haller, Esq.
Register HERE

NACBA’s Circuit Leaders will outline the most important cases in your circuits.

Why You Should Attend: Don’t be the last to know what issues are coming next to a court near you. Find out what to expect by learning about the trends and case law are working their through the courts.

How to Train Your Staff & Paralegals to SAVE Time & Money
Thursday, March 19, 2020, 4:00 PM EASTERN to 5:00 PM EASTERN
Cost: $25 Member / $75 Non Member
Presenters: Jenny Doling & James Haller, Esq.
Register HERE

The Panel will discuss how to train your staff and paralegals, and keep them alert to changes, in the most efficient manner.

Why You Should Attend: Your office needs to run as efficiently as possible to best represent your clients and maintain profitability. Learn from our panelists what works, doesn’t work, and how to plan ahead.

Join NACBA in Hollywood!

Bankruptcy News Briefs- 1/24

It’s Friday! Check out the latest news…

Surprise, Your Credit Score May Drop

After Bankruptcy, Nearly Half of Retailers Close All Stores

Greeting Cards Retailer Papyrus Files for Bankruptcy, Plans to Close Stores

Court Cites Student Loans As Reason To Deny Bar Admission To New Lawyer

Federal reserve report shows substantial increase in student loan debt

Key CFPB defenders urge SCOTUS to skip constitutional issue

Killing the CFPB Would Harm States, Attorneys General Tell Court

Former Wells Fargo CEO Hit With $17.5 Million Fine, Barred From Banking Industry

6th Cir. Holds Consumer Lacks Standing to Assert ‘Meaningful Involvement’ Claim, Not Every Technical Violation is Redressable

NY DFS Unveils Consumer Protection Task Force, adds Former CFPB Deputy Director

Sixth and Ninth Circuits Issue Decisions Applying Spokeo to FDCPA and FCRA Claims

Big Week in the 7th Circuit: Settlement Offers, Envelopes, Creditor ID, and More

Another Seat at the Table: CFPB Adds Another Member to Taskforce

CHECK BACK SOON FOR 2020 LIVE WEBINAR SCHEDULE

Bankruptcy News Briefs- 1/17

Kickstart your weekend with the following headlines…

House Overturns Student Loan Forgiveness Rule

CONSUMER CATCH-UP: Payless to reopen shoe stores closed during bankruptcy, 58.5 billion robocalls were placed in 2019, and credit card usage up 7 percent

IRS offers tax relief for student loan debt discharges

How to avoid student loan debt relief scams

To build a more diverse workforce, companies should focus on tackling student debt

CFPB 2019 Year in Review and What to Expect in 2020

CFPB Releases Guides on TRID Disclosures for Construction Loans

CHECK BACK SOON FOR 2020 LIVE WEBINAR SCHEDULE

Bankruptcy News Briefs- 12/19

Today’s news briefs are…

Trump Administration Weighs Plans to Reduce Student Debt

Supreme Court Ruling in Statute-of-Limitations Case has Wide-Ranging Implications

How Student Loans Impact Your Credit Score

How Student Loan Debt Is Affecting NYC Real Estate

How Students, Grads Use TikTok and YouTube to Pay for College

Chairwoman Waters Criticizes Kraninger for Political Appointee Candidate to Lead CFPB’s Enforcement Team

Massachusetts AG Pens Amicus Brief Supporting Objections to Equifax Settlement

Chief Justice John Roberts will play a starring role in Trump’s impeachment trial in the Senate

Policygenius: One in four Americans say credit card debt is their biggest financial regret of the decade

Owner of Zest Soap, V05 Shampoo Files for Chapter 11 Bankruptcy

Trade Groups File Brief in CFPB SCOTUS Case

CFPB Enters Consent Orders with Military Travel Lender and Servicer for Undisclosed or Overcharged Fees, False Rate Quotes, and Credit Reporting Violations

CFPB Releases Report Exploring Differences between Large and Small Mortgage Servicers

DON’T MISS NACBA’S LIVE WEBINAR!

Means Test Game Show: Is it income or an expense?
Date: December 19, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Jenny Doling, Esq., Marybeth Ausbrooks, Esq., Gene Melchionne Esq. & James Haller, Esq.
Register HERE

Join our holiday panel for a game show quiz focusing on allowable or required income and expenses. You can’t lose even if you get the answers wrong..

Why You Should Attend: Ask yourself these questions. Is a withdrawal from a 401k income that should push your client into a five year plan? Is a 401k contribution a permissible expense? Is child support that isn’t received income? Is child support that is not being paid an expense? Your client wants to claim $900.00 in pet expenses for 8 pets. Is that expense ridiculous? Can you justify it? Learn the answers to these questions and more. Come join us!

Registration for NACBA’s next BIG blockbuster is now open!

Bankruptcy News Briefs- 12/16

The latest consumer and bankruptcy headlines read…

The Unexpected Dangers Of Paying Off Student Loans With Your 401(k) Savings

United States: Fifth Circuit Issues New Opinion In Ultra Petroleum, Withdrawing Guidance On Make-Whole Claims

Second Circuit Upholds Ruling that Loft Tenants Have Property Rights in Bankruptcy Proceedings

Importance Of College Drops Nearly 50% Among Young Adults In Just Six Years

Celadon Trucking Bankruptcy Leaves Some 3,000 Drivers Jobless, Stranded: Reports

New Kind of Student Loan Gains Major Support. Is There a Downside?

Fly Jamaica files for bankruptcy protection

More than 40,000 people have applied for public service loan forgiveness — 206 were approved

Defaulting on some student loans gets more costly

Steven Mnuchin confirmed as Treasury secretary

California governor rejects PG&E’s $13.5 billion plan to get out of bankruptcy

Fast-rising personal debt driving Lending Club’s success

Fintech Lenders Tighten Standards as They Become More Like Banks

Credit bureau Experian fined $3 million over misleading credit scores

United States: Supreme Court Justices Say No To Applying The “Discovery” Rule On FDCPA Claims

REGISTER FOR NACBA’S LIVE WEBINARS!

Means Test Game Show: Is it income or an expense?
Date: December 19, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Jenny Doling, Esq., Marybeth Ausbrooks, Esq., Gene Melchionne Esq. & James Haller, Esq.
Register HERE

Join our holiday panel for a game show quiz focusing on allowable or required income and expenses. You can’t lose even if you get the answers wrong..

Why You Should Attend: Ask yourself these questions. Is a withdrawal from a 401k income that should push your client into a five year plan? Is a 401k contribution a permissible expense? Is child support that isn’t received income? Is child support that is not being paid an expense? Your client wants to claim $900.00 in pet expenses for 8 pets. Is that expense ridiculous? Can you justify it? Learn the answers to these questions and more. Come join us!

Bankruptcy News Briefs- 11/06

New consumer and bankruptcy headlines read…

California utility meets with governor amid bankruptcy case

Forever 21 Cuts Number of Store Closures Planned in Bankruptcy

Bankruptcy filings in Hawaii reach highest level in 5 years

Young Hollywood’s Student Loan Crisis: “There Are People Just Struggling to Survive”

17 Tips for Baby Boomers To Tackle Their Student Debt

CFPB and states file action against student loan debt relief companies and individual owners and managers

What It Means to Be a Debt Collector After ‘Obduskey’ Ruling

The State of Collections: TransUnion and Aite Group Release Report, Outline Challenges and Present Optimistic Future

How I Ditched Debt: From ‘Extravagantly Broke’ to Comfortably Frugal

Americans Have Enough Credit to Buy Apple, Amazon, Microsoft, and Facebook

CFPB Gets $59M Judgment In Mortgage Relief Services Suit

REGISTER FOR NACBA’S LIVE WEBINARS!

Defense of Section 523 Adversary Proceedings
Date: November 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Tara Salinas, Esq., William Brewer Esq. & James Haller, Esq.
Register HERE

The panel will primarily focus on Sections 523(a)(2), (4) and (6) and Section 1328(a)(4), awards of attorney 7s fees under Section 523(d); defending collateral estoppel effect of pre-bankruptcy default judgments; Rules 12(b)(6) motions to dismiss under Ashcroft v Iqbal.

Why You Should Attend: You need to know how to properly defend a dischargeability proceeding and get paid for your work.  Everyone has to defend against dischargeability complaints by creditors.  The information in this workshop will be invaluable to prepare your defense.

Robin Hood and His Merry Bankruptcy Attorneys: How to Recover Wage Garnishments as Preferential/Fraudulent Transfers for your clients and get paid for doing it.
Date: November 21, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: David Gunn, Esq. & James Haller, Esq.
Register HERE

The panel will discuss the law and practice of recovering wage garnishments as fraudulent transfers and the potential to request additional attorneys fees for a recovery.

Why You Should Attend: You want to make additional income in cases where your clients have been garnished. This session will discuss how and when to recover garnished funds and get paid.

Consumer Bankruptcy Watch: What’s Hot in Consumer Bankruptcy Law Today
Date: December 5, 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 cover the latest hot topic in consumer bankruptcy law, including any pending cases before the Supreme Court and important Court of Appeals cases to watch.

Why You Should Attend: Don’t be the last to know what issues are coming next to a court near you. Find out what to expect by learning about the trends and case law are working their through the courts.

Means Test Game Show: Is it income or an expense?
Date: December 19, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Jenny Doling, Esq., Marybeth Ausbrooks, Esq., Gene Melchionne Esq. & James Haller, Esq.
Register HERE

Join our holiday panel for a game show quiz focusing on allowable or required income and expenses. You can’t lose even if you get the answers wrong..

Why You Should Attend: Ask yourself these questions. Is a withdrawal from a 401k income that should push your client into a five year plan? Is a 401k contribution a permissible expense? Is child support that isn’t received income? Is child support that is not being paid an expense? Your client wants to claim $900.00 in pet expenses for 8 pets. Is that expense ridiculous? Can you justify it? Learn the answers to these questions and more. Come join us!

NACBA’s 28th Annual Convention Planning Committee is looking for your star idea! If you would like to join NACBA at the Hollywood convention as a featured presenter, we are soliciting proposals for general and breakout session topics that focus on the convention theme. Current NACBA members are invited to submit their proposals for speakers/topics no later than November 29, 2019 using the provided link below.

Submit Presentation Info HERE: https://www.nacba.org/call-for-presentations/

Bankruptcy News Briefs- 10/29

Check out the following headlines…

Citrone’s Discovery Urges Frontier Bankruptcy to Preserve Value

Narrow Bankruptcy Reforms Make Big Changes for Small Business, Vets, Farmers

9 Charleston-area Subway restaurants close as part of franchisee’s bankruptcy filing

Bankruptcy Doesn’t Require Return of Repo’d Car: Third Circuit

Owners of Brooklyn Properties Who Settled for Tenant Harassment Files for Bankruptcy

Multiple Factors to Drive Increase in Family Farmer Bankruptcy Filings

Expect These Student Loan Changes In 2020

How Real Estate Can Replace Student Debt With A Promising Post-Grad Position

More employers offer workers help paying off student loans

Consumer Protection Law firm’s attempt to collect debts did not violate FDCPA

REGISTER FOR NACBA’S LIVE WEBINARS!

Defense of Section 523 Adversary Proceedings
Date: November 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Tara Salinas, Esq., William Brewer Esq. & James Haller, Esq.
Register HERE

The panel will primarily focus on Sections 523(a)(2), (4) and (6) and Section 1328(a)(4), awards of attorney 7s fees under Section 523(d); defending collateral estoppel effect of pre-bankruptcy default judgments; Rules 12(b)(6) motions to dismiss under Ashcroft v Iqbal.

Why You Should Attend: You need to know how to properly defend a dischargeability proceeding and get paid for your work.  Everyone has to defend against dischargeability complaints by creditors.  The information in this workshop will be invaluable to prepare your defense.

Robin Hood and His Merry Bankruptcy Attorneys: How to Recover Wage Garnishments as Preferential/Fraudulent Transfers for your clients and get paid for doing it.
Date: November 21, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: David Gunn, Esq. & James Haller, Esq.
Register HERE

The panel will discuss the law and practice of recovering wage garnishments as fraudulent transfers and the potential to request additional attorneys fees for a recovery.

Why You Should Attend: You want to make additional income in cases where your clients have been garnished. This session will discuss how and when to recover garnished funds and get paid.

Consumer Bankruptcy Watch: What’s Hot in Consumer Bankruptcy Law Today
Date: December 5, 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 cover the latest hot topic in consumer bankruptcy law, including any pending cases before the Supreme Court and important Court of Appeals cases to watch.

Why You Should Attend: Don’t be the last to know what issues are coming next to a court near you. Find out what to expect by learning about the trends and case law are working their through the courts.

Means Test Game Show: Is it income or an expense?
Date: December 19, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Jenny Doling, Esq., Marybeth Ausbrooks, Esq., Gene Melchionne Esq. & James Haller, Esq.
Register HERE

Join our holiday panel for a game show quiz focusing on allowable or required income and expenses. You can’t lose even if you get the answers wrong..

Why You Should Attend: Ask yourself these questions. Is a withdrawal from a 401k income that should push your client into a five year plan? Is a 401k contribution a permissible expense? Is child support that isn’t received income? Is child support that is not being paid an expense? Your client wants to claim $900.00 in pet expenses for 8 pets. Is that expense ridiculous? Can you justify it? Learn the answers to these questions and more. Come join us!

Bankruptcy News Briefs- 10/11

This Friday’s headlines read…

Estate Debt Coalition Responds to CFPB’s NPRM on Debt Collection Practices with Focus on Decedent Debt

CFPB’s Semi-Annual Report Contains Some, But Not Much, Information About Debt Collection

CA enacts law prohibiting postsecondary schools from withholding transcripts as debt collection tool

Employers Try a New Perk: Matching Student Loan Payments With 401(k) Contributions

Black women bear largest burden in student debt crisis

Joe Biden: Here’s My $750 Billion Plan To Fix Student Loans

Argument preview: A conflict between plain text and background rules

CFPB Gives Lenders a Break on Mortgage Data Reporting

Bankruptcy judge complicates PG&E’s Ch. 11 plan

‘Dirt for Debt’ in Bankruptcy Plans of Reorganization

REGISTER FOR NACBA’S LIVE WEBINARS!

Top 20 Cases You Must Know for Your Bankruptcy Practice.
Date: October 17, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Nathan Juster, Esq. & James Haller, Esq.
Register HERE

From projected disposable income and attorneys’ fees to bankruptcy court jurisdiction, this session will cover fundamental cases that you need to know.

Why You Should Attend: You must know the major guideposts to give your clients accurate advice. Make sure you are following these important cases and using them to your client’s benefit.

Defense of Section 523 Adversary Proceedings
Date: November 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Tara Salinas, Esq., William Brewer Esq. & James Haller, Esq.
Register HERE

The panel will primarily focus on Sections 523(a)(2), (4) and (6) and Section 1328(a)(4), awards of attorney 7s fees under Section 523(d); defending collateral estoppel effect of pre-bankruptcy default judgments; Rules 12(b)(6) motions to dismiss under Ashcroft v Iqbal.

Why You Should Attend: You need to know how to properly defend a dischargeability proceeding and get paid for your work.  Everyone has to defend against dischargeability complaints by creditors.  The information in this workshop will be invaluable to prepare your defense.

Robin Hood and His Merry Bankruptcy Attorneys: How to Recover Wage Garnishments as Preferential/Fraudulent Transfers for your clients and get paid for doing it.
Date: November 21, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: David Gunn, Esq. & James Haller, Esq.
Register HERE

The panel will discuss the law and practice of recovering wage garnishments as fraudulent transfers and the potential to request additional attorneys fees for a recovery.

Why You Should Attend: You want to make additional income in cases where your clients have been garnished. This session will discuss how and when to recover garnished funds and get paid.

Consumer Bankruptcy Watch: What’s Hot in Consumer Bankruptcy Law Today
Date: December 5, 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 cover the latest hot topic in consumer bankruptcy law, including any pending cases before the Supreme Court and important Court of Appeals cases to watch.

visit studentdebtbomb.com

Bankruptcy News Briefs- 10/02

Get over the mid-week blues with these headlines…

Old and Cold Offshore Asset Protection Trust Assets Not Reachable by U.S. Creditors

3 reasons Forever 21 went bankrupt

Drugmakers want to join Purdue Pharma’s bankruptcy to settle US opioid suits

CFPB Announces Additions to Executive Team

The Seven-Year Auto Loan: America’s Middle Class Can’t Afford Its Cars

Appellate Veterans Jockey at SCOTUS to Contest Consumer Bureau

New SCOTUS petition: CFPB enforcement must be undone if agency is unconstitutional

Sen. Brown Demands Answers From CFPB On Why Funds Were Not Returned To Harmed Consumers

Kraninger as CFPB Sheriff and the Potential Impact of the 2020 Presidential Election

Del. Judge Latest To Ax Gov’t Robocall Exemption From TCPA

Despite Holding the TCPA’s Government Debt Exemption is Unconstitutional, the District of Massachusetts Permits Class Claims to Move Forward

4 Things to Never Give a Debt Collector Over the Phone

Debt Collectors Target Consumers of Color, People Making Less Than $50K

1 in 4 millennials are keeping a money secret from their partner

Gov. Raimondo Ceremonially Signs Student Loan Bill Of Rights

Minnesota woman’s ‘bizarre and surreal’ decades-long student loan dispute

Crises Collide: Low Teacher Pay Intensifies Student Loan Debt Crisis for Educators

NY AG leading charge to stop proposal allowing debt collectors to use social media

REGISTER FOR NACBA’S LIVE WEBINARS!

Home Owner’s Association Fees and Bankruptcy
Date: October 10, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Lee Rowland, Esq., Christina Henry Esq. & James Haller, Esq.
Register HERE

The treatment of Homeowner’s Association Fees in bankruptcy is a complex question. Are they dischargeable in chapter 7 and chapter 13? Does Rule 3002.1 apply? Can underwater HOA liens be avoided? This webinar will answer these questions and more as we explore the treatment of HOA fees in bankruptcy.

Why You Should Attend: HOAs can be aggressive in attempting to collect their debt. You won’t want to miss this program which will discuss ways to reduce or eliminate HOA fees and liens through bankruptcy.

Top 20 Cases You Must Know for Your Bankruptcy Practice.
Date: October 17, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Nathan Juster, Esq. & James Haller, Esq.
Register HERE

From projected disposable income and attorneys’ fees to bankruptcy court jurisdiction, this session will cover fundamental cases that you need to know.

Why You Should Attend: You must know the major guideposts to give your clients accurate advice. Make sure you are following these important cases and using them to your client’s benefit.