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Bankruptcy News Briefs 7/27

What’s Making Headlines…

Midland Dodges Class Certification Request in Illinois Letter Case

Congress is Set to Protect Consumers from the CFPB

Attorney general announces $1m settlement with debt collector

Debtor’s Personal Injury Proceeds Remained Exempt Even After Commingled with Other Funds

Trump administration is sitting on tens of thousands of student debt forgiveness claims

Third Circuit Serves Up Double Fault in FDCPA, TCPA Decision

Supreme Court Issues Two Rulings Interpreting FDCPA

Henson v. Santander: What’s next?

Register for NACBA’s August Webinar

Get ready for another stellar webinar in August! Register Today!

 

Exciting Upcoming 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 Havan, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 7/26

Midweek Headlines…

House GOP Passes Congressional Review Act Resolution Against CFPB Mandatory Arbitration Rule

Oregon Debt Collection Bill Passes House and Senate

From Collector: The Question of Rule 68

Plaintiff May Get Rehearing in TCPA Revocation of Consent Case

Bankr SD Fla.: Bank Could Not Compel Debtors to Surrender Home Where Bank Dismissed Foreclosure and Entered Into Loan Modification Negotiation with Debtors

Debtor’s Personal Injury Proceeds Remained Exempt Even After Commingled with Other Funds

House Votes to Strip Americans’ Right to Their Day in Court

Objections to Claims Must have a Factual or Legal Basis; Merely Alleging Non-compliance with FRBP 3001 is Not Sufficient

Do Americans Really Support the CFPB?

Fees Dropping On State Prepaid Cards for Unemployed Workers

House Republicans Vote To Kill CFPB Rule That Was Called A Gift To Class Action Lawyers

Fair Collections & Outsourcing Inc. accused of misrepresentation in debt collection

U.S. Consumer Confidence Rose in July — Update

Over 600 get debt forgiveness after Attorney General settles with Virginia Beach credit lender

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically 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.

Introduce a New Member to NACBA & 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!

Register for NACBA’s August Webinar

Get ready for another stellar webinar in August! Register Today!

 

Exciting Upcoming 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 Havan, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 7/25

What’s Happening In Bankruptcy News…

FTC Halts Scammers Impersonating Legitimate Debt Collection Businesses

U.S. Rep. Marsha Blackburn Introduces Draft FCC Reauthorization Bill

Student loan borrowers herded into default, face a relentless collector: the U.S.

Federal Court in Indiana Refuses to Dismiss lawsuit over Collection Agency Obtaining a Credit Report While Attempting to Collect Delinquent Rent

CFPB Director Informs Consumer Advisory Board That Bureau Will Not Shy Away From Issuing Debt Collection Proposed Rule

Pennsylvania Establishes Consumer Financial Protection Unit

Secured Creditor Violated Discharge Injunction by Claiming Amount in Excess of its In Rem Claim on Collateral

Don’t Strip Consumers Of Their Right To A Day In Court, Say Advocates, Senators

The Bankruptcies That Would Follow an Obamacare Repeal

Mortgage Deficiency Judgment Liens Are Avoidable

From Forbearance To Garnishments: 5 Things We Learned About Student Loan Debt Collection

CFPB loses court battle over RESPA violations

CFPB enforcement actions plummet

7 facts about CFPB mortgage and debt complaints

Regulatory Alert: Debt Collection

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically 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.

Introduce a New Member to NACBA & 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!

Register for NACBA’s August Webinar

Did you enjoy yesterday’s webinar? Well, get ready for another stellar webinar in August! Register Today!

 

Exciting Upcoming 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 Havan, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 7/24

Monday’s Headlines…

5th Circuit: Funds Held in IRA Lost Exempt Status When Debtor Withdrew Funds but Did Not Complete a Rollover of the Funds into another IRA, as Required by State Law

6th Circuit: Chapter 7 Trustee Could Not Forcefully Evict Debtors from Homestead by Tendering Payment Equal to the Value of their Exemption

After Denying Debtor’s Motion for Sanctions Where Creditor Sold Debtor’s Property at Auction Days After Petition Date, Judge Offers “Best Practices” Advice to Counsel

The CFPB’s Consumer Complaint Database: The Next Battle Between Regulators And Legislators

Court Finds M&T Bank in Contempt for Violating Discharge by Failing to Properly Credit Mortgage Payments Made under Confirmed Plan

Mini-CFPB? Pennsylvania attorney general launches consumer financial protection unit

In a Clear Signal to CFPB and White House, FTC Announces CID Process Improvements

FCC Focuses on Consumer Protection From Robocalling and TCPA Violations

Student loan debt has grown 250% in the last 10 years — here’s where grads owe the most

Don’t celebrate yet: Here’s why that $5 billion in student loan debt won’t be forgiven

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically 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.

Introduce a New Member to NACBA & 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!

Register for NACBA’s August Webinar

Did you enjoy yesterday’s webinar? Well, get ready for another stellar webinar in August! Register Today!

 

Exciting Upcoming 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 Havan, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 7/21

Headlines Wrapping Up the Week…

Congress Moves to Take Away Consumers’ Right to Day in Court

Breaking News: CFPB Publishes Update to Debt Collection Rulemaking Timeline

DOR May Not Collect Child Support Arrearage Outside Plan

These are the worst states for student debt

Debtor who Filed Chapter 13 Soon After his Ex-Wife Sued him in State Court to Enforce Equitable Distribution Award Did Not File Case in Bad Faith

Controversial CFPB Rule Exposes Financial Services Companies To Greater Class Action Risk

FTC Announces Charges Against Debt Collection Operation for FDCPA and FTC Act Violations

Medical debt relief is coming

Measure calling for Maine to pay down student debt stalls in Legislature

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically 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.

Introduce a New Member to NACBA & 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!

Register for NACBA’s August Webinar

Did you enjoy yesterday’s webinar? Well, get ready for another stellar webinar in August! Register Today!

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

Bankruptcy News Briefs 7/20

End of the Week Headlines…

CFPB Releases Effective Date for Arbitration Rule

Consumer Credit Delinquencies Increase in First Quarter

Consumer’s Credit Repair Agreement Becomes Issue in Collection Dispute

Challenges to Tax Exempt Status of Bankrupt Non-Profits

5th Cir. Holds Debt Collector’s Obligation to Report Debt as Disputed Not Limited By § 1692g

Big Bank Bankruptcy Bill Back on Table; Will It Prevent Meltdown?

CFPB Enforcement Actions Fall Off in Second Quarter

Ch. 13 Trustee Must Return Plan Payments on Dismissal

Republicans launch Congressional Review Act challenge to CFPB class-action rule

New York attorney general investigates student debt collector for missing paperwork

Judge denies law firm’s motion to dismiss debt collection lawsuit

Houston Debt Collection Lawyer Hit with $25 Million DTPA Judgment

Recent Bankruptcy Decision from the Western District of Wisconsin Discusses Negative Equity, Car Loans, and the Chapter 13 Cram Down

Today is the Day! Are You Registered?

 

 

 

 

 

 

 

 

 

 

Register Today!

Washington Update

Krista DAmelio gives you the latest update from Washington! Stay informed about significant and relevant activity on the part of Congress, regulatory agencies and interest groups/think tanks with NACBA. Read it today!

Introduce a New Member to NACBA & 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!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

 

 

Bankruptcy News Briefs 7/19

What’s Happening in Midweek News?

Big Changes to West Virginia Debt Collection Laws Now in Effect

How New Credit Reporting Guidelines May Impact Consumers…and Lenders

Automatic Stay Does Not Preclude Criminal Restitution Collection

CFPB ignores request from OCC to postpone arbitration rule

Poll: Voters Support CFPB, Strict Financial Regulation

The economy has improved but money worries persist

Debt collector must face suit for accessing credit report

Second Circuit Holds that Contractually-Given Consent Cannot be Revoked Under TCPA

Consumers Making Less Than $40K Per Year Worried About Paying Off Debt

What kind of financial shape is your state in?

Annual bankruptcy filing total could approach 800K

Free of debt — with regrets

1,600 lawsuits filed in Colorado courts against students delinquent on school loans

Third Circuit Confirms That One Call Is All for TCPA Violation

District Court Confirms That Text Messages Completing Consumer-Initiated Transaction Are Not Telemarketing

Register for Tomorrow’s Webinar!

 

 

 

 

 

 

 

 

 

Don’t  miss tomorrow’s informative Webinar with O. Max Gardner III and Bobby Rivera as they discuss the following topics:

  • Finding the Investor or Guarantor of the Loan
  • Pooling & Servicing Agreements
  • GSE Published Guidelines
  • “Standard Modifications” and basic terms of some Proprietary Mod Programs
  • Common Terms & Formulas used in all Loan Modifications
  • Streamlined Mods and Not So Streamlined Mods
  • How Servicers Pick Loans for Alternative Mod Products
  • How to Determine Which Mods Your Client Can really Qualify for and How to Get them
  • How to Select the Right Client

Register Today!

Washington Update

Krista DAmelio gives you the latest update from Washington! Stay informed about significant and relevant activity on the part of Congress, regulatory agencies and interest groups/think tanks with NACBA. Read it today!

Introduce a New Member to NACBA & 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!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

 

Bankruptcy News Briefs 7/18

In Today’s News…

Debtors Have Standing to Seek Abandonment

The Comptroller Has Asked The CFPB To Delay The New Arbitration Rule

FCC Attempts to Address Thorny Debt Collection Issue

FTC Shuts Down Another Fake Debt Collector

As Paperwork Goes Missing, Private Student Loan Debts May Be Wiped Away

FTC: Fraudsters Posed As Attorneys In Debt Collection Scheme

Florida man files claim against Bank of America, credit-reporting agencies over bankruptcy

Homeowners seek to halt Wells Fargo loan changes in high-profile bankruptcy case

How Unintended Consequences of a Federal Law Can Put Attorneys at Risk

Washington Update

Krista DAmelio gives you the latest update from Washington! Stay informed about significant and relevant activity on the part of Congress, regulatory agencies and interest groups/think tanks with NACBA. Read it today!

NACBA’s Webinar Summer Lineup

Learn more about these timely and informative webinars and register today!

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically 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.

Introduce a New Member to NACBA & 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!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

Bankruptcy News Briefs 7/17

Kicking Off Monday With New Headlines…

House Subcommittee Considers Bipartisan Legislation on Debt Collection Practices

Members of Congress Seek to Repeal the CFPB’s Arbitration Rule

Third Circuit Rules in Favor of Debt Collector in Font Size Case

Lawsuit claims Portland State debt collector violated state, federal law with ‘excessive fees’

CFPB Releases “Special Edition” of Monthly Complaint Report

The CFPB rule on class-action suits is a win for all — even if it doesn’t seem like it

Sen. Bill Nelson proposes lowering student loan interest rates

Washington Update

Krista DAmelio gives you the latest update from Washington! Stay informed about significant and relevant activity on the part of Congress, regulatory agencies and interest groups/think tanks with NACBA. Read it today!

NACBA’s Webinar Summer Lineup

Learn more about these timely and informative webinars and register today!

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically 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.

Introduce a New Member to NACBA & 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!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

Bankruptcy News Briefs 7/14

Let’s Wrap Up the Week…

CFPB’s new rule ‘large gift for class action lawyers’; Court challenges coming

CFPB Hits Back at Efforts to Kill Rule Easing Bank Lawsuits

Mounting Student Loan Debt Mobilizing Bankruptcy Courts

Goods Must be Physically Received to Create Priority Claim

Collecting Restitution Didn’t Violate Bankruptcy Stay

Debtor Could Cram-down Condo Association’s Secured Claim, Since the COA’s Claim is Secured by Both a Consensual and Statutory Lien

Debtor’s Pension Counts as Income When Calculating “Current Monthly Income” and Disposable Income

Rising student debt locking out U.S. Millennials from home ownership: Fed

Why Texas business bankruptcy filings have hit record levels

NACBA’s Webinar Summer Lineup

Learn more about these timely and informative webinars and register today!

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically 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.

Introduce a New Member to NACBA & 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!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!