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Bankruptcy News Briefs 3/13

Check Out Today’s Headlines…

From the Web: Education Secretary Issues Guidance on State Regulations of Student Loan Servicers

WalletHub Study: Credit Card Debt Surpasses $1 Trillion

EDNY: Avila and NYDFS Requirements Collide

Second Circuit Finds Arbitration Conflicts with Discharge Injunction

Nearly 1 in 5 Americans Has Crippling Medical Debt

Creditor’s Motion to Reopen and Compel Surrender of Home Denied Where No Relief was Justified (since Husband had Died and Wife Not on Note)

Trump’s CFPB looks at credit cards and, absurdly, sees ‘a positive picture for consumers’

Opinion: The Attack on the CFPB Threatens Consumers and Ignites a Race to the Bottom

Debt collection, fraud are making consumers angry

Feds tell state officials to back off student loan debt collectors

Bankruptcy Court Reluctantly Allows Creditor To Shuck “Lil’ Sweet Pea” Accounts

Debt collectors top list of consumer complaints in 2017

Student debt crisis deepens as Gen Z enters college

Would Cancelling All Student Debt Help The Economy?

Feds attempt to bar states from regulating student loan debt collectors

7 myths about bankruptcy and your credit debunked

Kick Back and Read the Latest Edition of the Consumer Bankruptcy Journal!

Features in this quarter’s issue include:

  • The President’s Report
  • Six Secrets of the IRS Account Transcripts
  • Court Won’t Let Bank of America “Buy’ and “Bury” Judgment Against It
  • Notice of Elections

Visit the CBJ to read these articles and more!

Register for NACBA’s Webinars!

Escrow Shortage Claims
Date: March 15, 2018
Time: 1:00 PM Eastern / 10:00 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Tara Twomey, Esq. & John Rao, Esq.

Register HERE

Have you ever received a mortgage arrearage claim including a hefty escrow shortage? This webinar will examine how to review that claim for accuracy and how to explain it to your client. Don’t miss this opportunity to save yourself time and aggravation when reviewing these claims.

Circuit Case Law Update
Date: ON DEMAND
Time: ON DEMAND
Cost: Free for NACBA Members
Presenters: Jim Molleur, David Shaev, Trish Meyer, Koury Hicks, Behrooz Vida, Brian Flick, David Yen, Wendell Sherk, Stanley Zlotoff, Jill Michaux and Nathan Juster.

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive and we don’t want you to miss out on this awesome Annual Convention!

Register Today!

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Bankruptcy News Briefs 3/2

End of the Week Headlines…

11 USC 521(e) allows the Debtor to Avoid Dismissal of Case if the Failure to Provide Required Tax Return is Attributable to Circumstances Beyond her Control

Reasonable Voluntary Retirement Contributions are Not Disposable Income when the Debtor has made those Contributions on a Consistent Basis Prior to the Filing of the Chapter 13

Appellate Court Reignites TCPA Case Over Debt Collection Calls

CFPB Advisory Committee Meets; Emphatic Agreement that Debt Collection Rules are Needed

CFPB invites comments on “usefulness” of consumer complaint database, reports

Equifax says it’s still under CFPB investigation

Equifax says hackers stole more than previously reported

Court reinstates TCPA suit in case of 300 debt collection calls

Collection Industry Requests Guidance from Mass AG Regarding Longstanding Interpretation of Validation Requirements

Supreme Court Limits Scope of Safe Harbor Protection for Avoidance Actions

New Fed chair doesn’t understand why student debt can’t be discharged in bankruptcy

Massachusetts can sue federal student loan servicer, judge rules

Register for NACBA’s Webinars!

Escrow Shortage Claims
Date: March 15, 2018
Time: 1:00 PM Eastern / 10:00 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Tara Twomey, Esq. & John Rao, Esq.

Register HERE

Have you ever received a mortgage arrearage claim including a hefty escrow shortage? This webinar will examine how to review that claim for accuracy and how to explain it to your client. Don’t miss this opportunity to save yourself time and aggravation when reviewing these claims.

Circuit Case Law Update
Date: ON DEMAND
Time: ON DEMAND
Cost: Free for NACBA Members
Presenters: Jim Molleur, David Shaev, Trish Meyer, Koury Hicks, Behrooz Vida, Brian Flick, David Yen, Wendell Sherk, Stanley Zlotoff, Jill Michaux and Nathan Juster.

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 2/26

Dive Into New Headlines…

Fourth Circuit Looks at Multiple Factors in Bad Faith Analysis

Advocates to FCC: Do More, Much More to Block Unwanted Robocalls

Church Provides No Sanctuary: Sixth Circuit’s FDCPA Decision May Breathe New Life into TCPA Spokeo Arguments

Forensic Analysis of Debt Settlement Program Participants, Commissioned by the American Fair Credit Council, Validates Economic Benefit to Consumers

17 Lawsuits Now Filed in Dept of ED Collection Contract, Chapter 2

Maryland Court Finds Mini-Miranda Not Necessary on Certain Consumer-Initiated Calls

CFPB Seeks Input on Town Halls, Field Hearings in Agency Review

Debtor’s Obligation to Pay his Children’s College Expenses Qualified as a DSO and Were Non-Dischargeable

What The Climbing Debt Defaults Really Mean For The Economy

Chapter 13 Debtor Could Not Defer Surrender of her Home Until her Son Graduated High School

A Shocking Number of Americans Now Owe at Least $50,000 in Student Debt—and Many Aren’t Paying It Down

Bankruptcy Remoteness Going to a Court of Appeals

Department of Education Considering Student Loan Bankruptcy Rule Changes

2017 Consumer Finance Year in Review

Congressional Research Service Releases Bankruptcy & Student Loans Report

On Thursday, February 22, 2018, the Congressional Research Service released a report titled “Bankruptcy and Student Loans”. The report explains how and why the Bankruptcy Code makes student loans nondischargeable unless undue hardship is proven. It concludes with providing potential considerations for Congress to treat student loans moving forward. Read the Full Report.

Register for NACBA’s Webinars!

Escrow Shortage Claims
Date: March 15, 2018
Time: 1:00 PM Eastern / 10:00 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Tara Twomey, Esq. & John Rao, Esq.

Register HERE

Have you ever received a mortgage arrearage claim including a hefty escrow shortage? This webinar will examine how to review that claim for accuracy and how to explain it to your client. Don’t miss this opportunity to save yourself time and aggravation when reviewing these claims.

Circuit Case Law Update
Date: ON DEMAND
Time: ON DEMAND
Cost: Free for NACBA Members
Presenters: Jim Molleur, David Shaev, Trish Meyer, Koury Hicks, Behrooz Vida, Brian Flick, David Yen, Wendell Sherk, Stanley Zlotoff, Jill Michaux and Nathan Juster.

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 2/21

Dive Into the Midweek Headlines…

Maryland Court Finds Mini-Miranda Not Necessary on Certain Consumer-Initiated Calls

Bankruptcy Standards Get New Scrutiny

Bank May Not Hide Settlement Amount

Under Trump, consumer agency promises to do the bare minimum, and nothing more

Debt Collection Companies Have Hijacked the Justice System

Chapter 13 Debtor Could Not Defer Surrender of her Home Until her Son Graduated High School

Student loan borrowers with high debts aren’t making progress repaying them

Congressman John Garamendi’s bill to ease student loan debt awaits committee action

Trump Administration Looking at Bankruptcy Options for Student Debt

State Senate Passes Student Loan ‘Bill of Rights’

Eleventh Circuit Follows Ninth Circuit in Awarding Appellate Fees for Automatic Stay Violation

Register for NACBA’s Webinars!

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM Pacific (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner and Henry Sommer

Register HERE

Escrow Shortage Claims
Date: March 15, 2018
Time: 1:00 PM Eastern / 10:00 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Tara Twomey, Esq. & John Rao, Esq.

Register HERE

Have you ever received a mortgage arrearage claim including a hefty escrow shortage? This webinar will examine how to review that claim for accuracy and how to explain it to your client. Don’t miss this opportunity to save yourself time and aggravation when reviewing these claims.

Circuit Case Law Update
Date: ON DEMAND
Time: ON DEMAND
Cost: Free for NACBA Members
Presenters: Jim Molleur, David Shaev, Trish Meyer, Koury Hicks, Behrooz Vida, Brian Flick, David Yen, Wendell Sherk, Stanley Zlotoff, Jill Michaux and Nathan Juster.

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 2/20

Check Out The Headlines Making News…

Court Grants Discharge of 50-Year Old Debtor’s $230,000 in Student Loans where IBRP would Leave here Huge Tax Liability in her 70s and Wipe Out Her Assets

Criminal Restitution Is Nondischargeable

Chapter 13 Plan Confirmed Even Though Payments Did Not Include All of Debtors’ Disposable Income

Household Debt Increases for Fifth Consecutive Year

A Party Does Not Have Standing to Appeal Bankruptcy Court Order simply because it has been Allowed to Appear in Bankruptcy Proceedings

Democrats Seek Answers to CFPB’s OFLEO Realignment

Collection Letter Making Settlement Offer for Time-Barred Debt Can Violate FDCPA Without Legal Action Threat, Third Circuit Rules

Post-Discharge Loan Modification with Partial Claim Gets Servicer in Trouble with Bankruptcy Court

Second Circuit Finds “Related To” Bankruptcy Jurisdiction in a Madoff Matter

Mortgage debt surges in fourth quarter

Canceling Student Loan Debt Isn’t Just A Dream. It Could Save The Economy.

Wisconsin bankruptcy filings were the lowest in a decade in 2017

Debt Collectors Hoping For Relief from Courts on Collection Letter Claims May Soon Get Clarity (podcast)

Register for NACBA’s Webinars!

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM Pacific (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner and Henry Sommer

Register HERE

Escrow Shortage Claims
Date: March 15, 2018
Time: 1:00 PM Eastern / 10:00 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Tara Twomey, Esq. & John Rao, Esq.

Register HERE

Have you ever received a mortgage arrearage claim including a hefty escrow shortage? This webinar will examine how to review that claim for accuracy and how to explain it to your client. Don’t miss this opportunity to save yourself time and aggravation when reviewing these claims.

Circuit Case Law Update
Date: ON DEMAND
Time: ON DEMAND
Cost: Free for NACBA Members
Presenters: Jim Molleur, David Shaev, Trish Meyer, Koury Hicks, Behrooz Vida, Brian Flick, David Yen, Wendell Sherk, Stanley Zlotoff, Jill Michaux and Nathan Juster.

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 2/15

Today’s Headlines…

U.S. House Votes to Weaken State Limits on High-Cost Loans

No Excuses for Student Loan Servicer’s Failure to Comply with Plan

N.D. Illinois Makes Reasonable Ruling on Interest Disclosure Requirements

CFPB Continues Search for Evidence with Supervision RFI

Regulatory Reform Panel Raises Important Discussion

IRS Issues Scam Alert on Fraudulent Callers Impersonating Debt Collection Agencies

Third Circuit Holds “Settlement Language” in Collection Letter Can Be Misleading

How the CFPB Plans to Scale Back Its Regulatory Mission

No letup to CFPB investigation into Equifax, Mulvaney says

US Household Debt Spikes In Q4 2017

FTC Accuses Student Loan Debt Relief Operation of Deceiving Consumers

Trump May End Student Loan Forgiveness Program

Register for NACBA’s Webinars!

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM Pacific (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner and Henry Sommer

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 2/13

Dive Into Today’s Headlines…

Congress Would Control CFPB Under White House Budget Proposal

CFPB and White House Strategic Plans Appear to be Aligned

Litigation Filed (Again) in New Chapter of ED Private Collection Agency Contract

Southern District of Florida Finds Telephone Dialing System Not an ATDS Under the TCPA

A Cold, Drafty Valentine for Low Income and Working Families in President Trump’s Proposed Budget

Debtors who Claim Excessive or Ambiguous Exemptions should Not be able to Confirm Chapter 13 Plan Without Providing 100% Payment to Unsecured Creditors

Condo Ass’n was Bound by Terms of Confirmed Chapter 13 which Not Only Surrendered the Condo but also Vested Title to Condo in Lender

It’s time to audit the CFPB

Falls debt collector collected debts, not once, but twice

3rd Circuit revives lawsuit over collection of time-barred debt

Here are the cities with the most credit card debt

Register for NACBA’s Webinars!

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM Pacific (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner and Henry Sommer

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!