FDCPA

Bankruptcy News Briefs 11/15

Midweek Headlines…

Beware Holiday Shoppers: Deferred Interest Promotions Promise 0% Now, but Can Cost Big Bucks Later

Lawsuit accuses debt collector of unfair practices

Debtor’s Chapter 7 Fails 707(b)’s “Smell Test”

Win for Consumers: Second Circuit Reverses Debt Collection Suit

Amendments To The Federal Rules Of Bankruptcy Procedure Take Effect December 1, 2017

Another Industry Win in the Battle Over Interest Disclosures in Second Circuit

CFPB Provides Guidance on Consumer Data Protection

Freedom Debt Relief: CFPB “fundamentally misunderstands” debt settlement process

CFPB The CFPB Wants More Data On Free Credit Scoring Sites

U.S. Household Debt Reaches Record $13 Trillion: Watch Subprime Auto Loans

Speak Up About Student Loan Consumer Protections

AFBC Encourages Consumers to Check on Their Credit Report and Student Loan Accounts

The Student Loan Default Crisis for Borrowers with Children

Registration is Open for the 2017 Virtual Bankruptcy Workshop!

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

Registration is Open for the 2018 NACBA Annual Convention! 

Join us in Denver, Colorado at the Sheraton in Downtown Denver a beautiful and convenient location that is the perfect backdrop for this much-anticipated event. We couldn’t be more excited for you to experience our stellar and informative sessions, listen to our expert keynote speakers that include, Dr. Wendy Osefo,  Susan Carnicero, Rashmi Airan, and Amy Vetter, attend 1 of 3 Pre-Convention Sessions, along with the opportunity to network with your peers and colleagues, visit the expansive exhibit,  earn CLE, plus so much more!

We can’t wait to see you! Don’t delay Register by February 23rd, 2018 to receive the Early Bird Rate! 

Visit https://www.nacba.org/nacbaden/ your go-to spot for everything #NACBADEN!

Save the Date

  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 

Bankruptcy News Briefs 11/13

Read the Headlines Kicking Off a New Week…

Illinois Court Finds Adding Collection Costs Pursuant to Underlying Contract Does Not Violate FDCPA

Freedom Debt Relief Responds to CFPB Complaint

Consumer Advocates Press Congress on Access to Justice

Behind the Lucrative Assembly Line of Student Debt Lawsuits

Creditor’s Removal of Pre-petition State Court Case to Bankruptcy Court Violated the Automatic Stay

Debtor’s Age Discrimination Claim was Not Judicially Estopped by Failure to Disclose it in Bankruptcy Case

Title Lender Offers Buyout Program Ahead of CFPB Rule

FTC Files Complaint Against Debt Collection Business for Alleged Violations of FTC Act, FDCPA

Online loans leave consumers deeper in debt, Fed research says

Minneapolis debt collector sued over notice to consumer

CFPB to Survey Consumers on Debt Collection Disclosures

Registration is Open for the 2017 Virtual Bankruptcy Workshop!

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

Who’s Excited for the 2018 NACBA Annual Convention?

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver! Registration opens November 13,2017!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 

Bankr1uptcy News Briefs 11/9

Dive Into Thursday’s Headlines…

Bankruptcy Filings Spike in October

FTC Accuses Debt Collector of Deceitful Tactics

Denial of Discharge for Fraudulent Note

New CFPB Enforcement Chief To Be Appointed

N.J. judge knocks debt collection lawsuit but forgoes sanctions for plaintiffs’ lawyers

Inside Betsy DeVos’s efforts to shrink the Education Department

Americans Over Age 60 Fastest Growing Demographic for Student Loan Debt

Medicaid expansion saved 50,000 people from bankruptcy in 2 years

Supreme Court hears arguments in case questioning Bankruptcy Code interpretation

Registration is Open for the 2017 Virtual Bankruptcy Workshop!

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

Don’t Miss Today’s Webinar!

How to Introduce an Appraiser’s Testimony and Appraisal as Evidence in Bankruptcy Court

Date: Thursday, November 9, 2017, 3:00 PM – 4:15 PM Eastern
Presented By: James J. Haller, Esq.
Cost:  $25 Member / $75 Non Member
Register: HERE

What’s New at NACBA?

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver! Registration opens November 13,2017!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 

Bankruptcy News Briefs 11/8

Midweek Headlines…

U.S. consumer agency sues Freedom Debt Relief for misleading consumers

Who Is to Blame for Skyrocketing Consumer Credit Debt?

Oregon Requires Debt Buyers to be Licensed, Stronger Documentation

Wall Street Is Fighting a CFPB Deal Over Billions in Defaulted Student Loans

CFPB Issues Interim Final Rule Amending Time Requirement For Servicers To Send Subsequent Early Intervention Notices

Debtors Who Transferred Rental Property to their Daughter 4 Years Pre-petition Passed Marrama’s Good-Faith Test and Could Convert to Chapter 13

Registration is Open for the 2017 Virtual Bankruptcy Workshop!

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

Register for November’s Webinar!

How to Introduce an Appraiser’s Testimony and Appraisal as Evidence in Bankruptcy Court

Date: Thursday, November 9, 2017, 3:00 PM – 4:15 PM Eastern
Presented By: James J. Haller, Esq.
Cost:  $25 Member / $75 Non Member
Register: HERE

What’s New at NACBA?

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver! Registration opens November 13,2017!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 

Bankruptcy News Briefs 11/6

Check Out Monday’s New Stories…

Credit Card Market Continues to Grow as Economy is on the Upswing

Trump Kills Cordray’s Arbitration Rule; Would He Do the Same for Debt Collectors?

CFPB Settlement With Student Loan Trust Raises Red Flags

§349 Required that Funds held by Chapter 13 Trustee be Paid to the Debtor Upon Dismissal

Chapter 13 Debtors’ Plan Could Discriminate in Favor of Student Loans Since they had Reasonable Bases for the Proposed Discrimination

All Oklahoma Sheriffs Named in Debt-Collection Lawsuit

Vanquish a phantom debt for good

Consumer Watch: Debt payment tips to keep strong credit rating

Are rising debt loads and declining protections too much for consumers?

Register for November’s Webinar!

How to Introduce an Appraiser’s Testimony and Appraisal as Evidence in Bankruptcy Court

Date: Thursday, November 9, 2017, 3:00 PM – 4:15 PM Eastern
Presented By: James J. Haller, Esq.
Cost:  $25 Member / $75 Non Member
Register: HERE

What’s New at NACBA?

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver! Registration opens November 13,2017!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 

Bankruptcy News Briefs 11/1

A New Month with New Headlines…

Collecting Judgment Debt May Not Always Be a Permissible Purpose for Obtaining Credit Reports

Chapter 11 Preferential Transfer Avoidable under 547(b)

CFPB issues 50-state snapshot of student debt

Repealing the CFPB’s Arbitration Rule a Win for American Consumers

Debt collection scams still top consumer complaints

Education Department could scale back help on loans

Chemerinsky: The myth of ‘plain meaning’

Credit Card Delinquencies Are Rising Fast — And There’s Only One Sustainable Solution

Real Property Mortgages, Section 707(b) of the Bankruptcy Code, and the Applicable Appellate Standard: How the Ninth Circuit Distinguished Between Questions of Law and Fact

Medical debt is crushing many Americans. States can help fix that

Legion calls on Trump to veto measure that strips servicemembers and veterans of vital financial protections

Foreclosure Prevention Efforts in Effect

Register for November’s Webinar!

How to Introduce an Appraiser’s Testimony and Appraisal as Evidence in Bankruptcy Court

Date: Thursday, November 9, 2017, 3:00 PM – 4:15 PM Eastern
Presented By: James J. Haller, Esq.
Cost:  $25 Member / $75 Non Member
Register: HERE

What’s New at NACBA?

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver! Registration opens November 13,2017!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 

Bankruptcy News Briefs 10/31

Dive Into Tuesday’s Headlines…

Indiana District Court Adopts Supreme Court’s Analysis of Definition of a Debt Collector

FCC to Vote on Narrow Call Blocking Rules at November Open Meeting

House Subcommittee Continues Conversation on Data Security

From the Web: ‘GOP in Uncharted Territory Rolling Back Rules Through Resolutions’

CFPB Hunts Down Mortgage Delinquencies With New Online Tool

CFPB: Mortgage Delinquency Rates Reach Post-Crisis Lows

US Banks: Is Rising Consumer Debt a Concern?

Congressional Override Offers Industry Reprieve from CFPB Arbitration Rule but Battles Ahead Still Likely

State Regulators: Let Us Handle the Student Loan Industry

Liz Weston: Equifax hack isn’t over — more risks ahead

Bankruptcy filing may send homeowners packing

Waivers of Jury Trials and Lawsuits in Bankruptcy Cases

Register for November’s Webinar!

How to Introduce an Appraiser’s Testimony and Appraisal as Evidence in Bankruptcy Court

Date: Thursday, November 9, 2017, 3:00 PM – 4:15 PM Eastern
Presented By: James J. Haller, Esq.
Cost:  $25 Member / $75 Non Member
Register: HERE

What’s New at NACBA?

 It’s The End of the Month Renew Your Membership for a Chance to Win 2 Great Resources!

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.

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver! Registration opens November 13,2017!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 

Bankruptcy News Briefs 10/30

Monday’s Headlines Kicking Off a New Week…

Chapter 7 Debtor Who Failed to Disclose Employment Discrimination Claim Could Not Convert to Chapter 13

Bankruptcy Court Abstains from Deciding Whether Debtor’s Obligations to Ex-wife Were Domestic Support Obligations

Court Would Not Use Its “Power to Prevent Injustice” to Force Nationstar to Honor Modification Letter that Chapter 13 Debtors Never Received

CFPB Payday Loan Limits Drawing Quieter Response Compared to Its Arbitration Rule

Eleventh Circuit Holds Voice Mail Message is a Communication

AP Sources: DeVos May Only Partly Forgive Some Student Loans

High home prices hit first-time buyers harder than ever, and student loans may be part of the reason

Medical debt is crushing many Americans. States can help fix that

Judge resists erasing foreclosure ruling

Register for November’s Webinar!

How to Introduce an Appraiser’s Testimony and Appraisal as Evidence in Bankruptcy Court

Date: Thursday, November 9, 2017, 3:00 PM – 4:15 PM Eastern
Presented By: James J. Haller, Esq.
Cost:  $25 Member / $75 Non Member
Register: HERE

What’s New at NACBA?

 It’s The End of the Month Renew Your Membership for a Chance to Win 2 Great Resources!

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.

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver! Registration opens November 13,2017!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 

Bankruptcy News Briefs 10/27

Headlines Leading Into the Weekend…

Different State Laws Make for Different Treatment of Lease vs. Security Agreement Issue

CFPB Issues Principles on Financial Data Sharing

Tax Relief for Farmer Bankruptcies Clears Congress

SCOTUS Considers Standard of Review on Bankruptcy Insider Claims

Debtor’s ‘Spend-Money-to-Make-Money Scheme’ Backfires With IRS

From the Web: Students Face ‘Tough Options’ after Perkins Loan Program Expires

Trustee’s Complaint for Fraudulent Transfer Against University for Tuition Paid by Debtors for Daughter Dismissed

IRS Barred From Challenging Confirmed Chapter 11 Plan

Court Rejects Debt Collector’s Bid for Second Bite at the Apple

Americans are already showing signs of maxing out on debt

Eleventh Circuit Narrows Application of Judicial Estoppel

Register for November’s Webinar!

How to Introduce an Appraiser’s Testimony and Appraisal as Evidence in Bankruptcy Court

Date: Thursday, November 9, 2017, 3:00 PM – 4:15 PM Eastern
Presented By: James J. Haller, Esq.
Cost:  $25 Member / $75 Non Member
Register: HERE

What’s New at NACBA?

 It’s The End of the Month Renew Your Membership for a Chance to Win 2 Great Resources!

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.

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver! Registration opens November 13,2017!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! 

Bankruptcy News Briefs 10/26

Thursday’s Headlines…

Senate Votes to Repeal Americans’ Day in Court; Gives Wall Street a Huge Win

Language Preference Question in Uniform Mortgage Application Will Help Borrowers Gain Access to the Mortgage Market

Education Secretary Delays Student Loan Borrower Defense Rules

From the Web: Mortgages, Credit Cards Are Leading Forms of Debt for Consumers

Opinion: Senate vote overturning CFPB rule is a blow to consumer protections

Vanquish a phantom debt for good

Connecticut’s New Net Worth Requirement for Collectors

CFPB Highlights Supervisory Findings Related to Credit Cards

Stellar Recovery Secures Significant Fair Debt Collections Practices Act Victory

Trustees Triumph

Cities Seeking Debt Assistance From State Can’t File For Bankruptcy, Lawmakers Say

Bankruptcy filings for IED suspect show unpaid medical bills, crippling debt

Connecticut Senate Passes Budget With Rescue for Hartford

Register for NACBA’s Webinars!

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

How to Introduce an Appraiser’s Testimony and Appraisal as Evidence in Bankruptcy Court

Date: Thursday, November 9, 2017, 3:00 PM – 4:15 PM Eastern
Presented By: James J. Haller, Esq.
Cost:  $25 Member / $75 Non Member
Register: HERE

What’s New at NACBA?

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.

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver! Registration opens November 13,2017!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018!