FTC

Bankruptcy News Briefs 7/10

News Kicking Off  Your Week…

Fifth Circuit Rules Consumer’s § 1692e(8) FDCPA Claim Not Foreclosed by Consumer’s Failure to Timely Dispute Debt

Section 707(b) Applies to Converted Cases

National Consumer Law Center Advocates Condemn U.S. Department of Education Blocking Important Protections against For-Profit School Fraud

NCLC Attorney to Testify at U.S. Department of Education In Support of Important Protections against For-Profit School Fraud

Court Found Cause to Grant Ex-Wife Relief from the Stay in Order to Have a State Court Issue a QDRO

Creditor’s Subrogation Lien that Arose by Operation of State Law Post-petition was Not a Violation of the Automatic Stay since the Creditor had not Taken “Any Act” to Create the Lien

Court Finds Condo Association Attorneys’ Fees to be Unreasonable Where COA Referred Debtor to its Attorneys Instead of Dealing with the Debtor’s Concerns Directly

Court Sanctions Debtor’s Counsel under Rule 9011 for Filing Stale, Incomplete Petition for an Improper Purpose

Cold Case: Bankruptcy Reopened More Than 80 Years Later

Don’t Miss These Informative Webinars This Summer!

July’s Webinar

Is there Life After HAMP? Now what?
The End of HAMP: Understanding Proprietary Modifications
Date: Thursday, July 20, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: O. Max Gardner III, Roberto (Bobby) Rivera
Cost: $25 NACBA Member / $75 Non-Member
Register HERE

August’s Webinar

Reverse Mortgages & Bankruptcy
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non-Member
Register HERE

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 theRequirements and start referring today!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

Bankruptcy News Briefs 7/6

Today’s Headlines…

$25 Medical Bill Turns into $34,500 TCPA Judgment and FDCPA Claim for Damages Still to be Litigated

States sue Betsy DeVos over student loan rule delay

Federal Reserve Report Affirms Importance of Debt Collection in the Credit Ecosystem

Court Denied Stay Violation Claims Against Servicer Under §362(k) for Insufficient Service of Process and Lack of Evidence

SCOTUS Clarifies Who Is A Debt Collector Under FDCPA

CFPB protects Americans from predatory loan sharks

Morrisey reaches settlement with New York debt collectors

Debt collection bill heads to Gov. Brown’s desk

D. Scott Carruthers, SFM-6 LLC accused of abusive debt collection practices

Credit Card Debt Shrank in Early 2017

West Virginia settlement erases some consumer debts

Senate bill would provide student loan debt relief

District Court Rules that Plaintiff’s Prior Bankruptcy Does Not Preclude Products Liability Suit Involving Pelvic Mesh

Don’t Miss These Informative Webinars This Summer!

July’s Webinar

Is there Life After HAMP? Now what?
The End of HAMP: Understanding Proprietary Modifications
Date: Thursday, July 20, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: O. Max Gardner III, Roberto (Bobby) Rivera
Cost: $25 NACBA Member / $75 Non Member
Register HERE

August’s Webinar

Reverse Mortgages & Bankruptcy
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non Member
Register HERE

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 theRequirements and start referring today!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

Bankruptcy News Briefs 6/28

Midweek Headlines…

Secretary of Education Announces Intent to Appoint New COO of Federal Student Aid

Petition to Exempt Ringless Voicemails From Anti-Robocall Rules Has Been Withdrawn

CFPB Takes Action Against Unscrupulous Credit Repair Firms

FDCPA Case Law Review for April and May 2017

11th Circuit: Abuse Test under §707(b) Applies where Debtor Initially filed under Chapter 13 but later Converted to Chapter 7

TCPA Case Law Review for May and June 2017

CFPB: Here’s a state-by-state breakdown of consumer complaints
New Reforms Will Improve Credit Reporting Accuracy for Millions of Consumers

The Supreme Court Clarifies Definition of “Debt Collector” Under FDCPA

Undoing the CFPB’s Damage: The Trump Administration’s Options Are Limited

CFPB Snapshot: California Leads Nation in Complaints to Agency

Debtor Could Not Cram Down Auto Lender’s Claim by the Amount Equal to the Negative Equity, GAP Insurance and Service Contract that she Financed

Court Awards Attorney’s Fees and Damages under §105 as Necessary to Carry Out and Give Meaning to §1301’s Co-Debtor Stay

Since Creditor was Bound by Terms of Confirmed Chapter 13 Plan, Court Denied its Post-Confirmation Motion for Administrative Expense Claim

Register for July’s Webinar!

Is there Life After HAMP? Now what?
The End of HAMP: Understanding Proprietary Modifications
Date: Thursday, July 20, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: O. Max Gardner III, Roberto (Bobby) Rivera
Cost: $25 NACBA Member / $75 Non Member
Register HERE

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

Only a few more days to renew your membership in June to be 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 theRequirements and start referring today!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

 

Bankruptcy News Briefs 6/26

Let’s Kick the Week off With Some New Headlines…

Survey: Consumers’ Savings Levels Improve

IRS Private Tax Collectors Are Accused Of Illegal Tactics

Debt Collector Accused Of Taking Money From People Who Didn’t Owe Anything

CHOICE Act dilutes safeguards

HOUSING GROUPS WANT CHANGE TO CFPB STRUCTURE

Illinois debt is about to be rated ‘junk.’ What that means

Jim Flynn: As student debt rises, fake relief firms prey

CHOICE Act: Reform or Recalibration?

Relatively Young, Healthy Recently-separated Single Parent with Part-Time Job Passed Brunner Test to Discharge Student Loans

Debtor’s Taking of a Car from Employer Without Permission and then Crashing it was Not a Willful and Malicious Injury under §523(a)(6)

Debt for Helicopter Medical Transport was Dischargeable Even Though Debtor Spent Insurance Benefits on Himself

Debtor’s Anticipated Bonus from Employer that had Discretion on Whether to Award it was Not Property of the Bankruptcy Estate

Redgister for July’s Webinar!

Is there Life After HAMP? Now what?
The End of HAMP: Understanding Proprietary Modifications
Date: Thursday, July 20, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: O. Max Gardner III, Roberto (Bobby) Rivera
Cost: $25 NACBA Member / $75 Non Member
Register HERE

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

Renew your membership in June to be 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 theRequirements and start referring today!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

Bankruptcy News Briefs 6/14

Midweek Happenings…

Consumer Borrowing Shows Marginal Increase in April

Federal Reserve Survey: Consumers’ Overall Financial Well-Being Improves

SCOTUS Issues Landmark Precedent for FDCPA in Case Supported by ACA’s Industry Advancement Program

Treasury Department Issues Long Awaited Report on Regulatory Reform for the Financial Services Industry

WV Supreme Court Rules in Favor of Debt Collector on Call Volume

Grace Period to Cure Arrearage Beyond Five-Year Plan Period

NCLC Leads Consumer Groups in Urging FCC to Initiate Enforcement Action Against Navient for Violations of the TCPA

Chapter 7 Debtors had to Turnover Pre-petition Payments made for Daughter’s Ballet Courses, as well as Paid Time Off

Treasury: Gut CFPB, overhaul residential mortgage lending regulation

U.S. Supreme Court Excludes Banks Collecting Purchased Delinquent Debt from Definition of “Debt Collector” under the FDCPA

Feds revising rule covering third-party debt collectors

It’s time to get realistic about the debt ceiling

Upcoming NACBA Webinar!

Don’t miss NACBA’s comprehensive webinar, “2017 Case Law Updates & Impact on Consumer Bankruptcy Attorneys,Thursday, June 22nd from 3pm-4pm ET with Henry Sommer and Angela Littiwn. This webinar will discuss recent trends in bankruptcy case law, with analysis of cases decided by the Courts of Appeals and other appellate courts. Take a look at the cases they will be discussing and make sure you Register Today!

Cost is $25 for NACBA Members/$75 For NonMembers

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

Renew your membership in June to be 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!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

Bankruptcy News Briefs 6/13

Take a Moment To Dive Into These Headlines…

CFPB Seeks OMB Approval to Conduct a Consumer Survey to Test Debt Collection Disclosures

Industry Association Urges Caution When Interpreting Santander Decision

Judge McEwen Sanctions Green Tree under FRBP 9011 for Not Verifying Values of Collateral in Reaffirmation Agreements; Orders Servicer to Modify Training Manual

U.S. Supreme Court Holds Debt Purchaser Collecting Its Own Debt Is Not Subject to FDCPA

Federal Court Dismisses Class Action Alleging Solicitation for Payments on Time-Barred Debt is “Misleading” Under FDCPA

Ocwen to Resume Constitutional Attack on CFPB

Administration looks to curb CFPB powers, change bank rules

Removing the Tax Consequences of Student Loan Discharge

Women hold most of the US’s student loan debt

Debt collector call volume doesn’t constitute harassment, court rules

West Virginia Top Court Says Debt Collector Calls OK

IRS use of collection agencies for debts could unleash scam attempts

Rhode Island Federal Court Refuses to Dismiss FDCPA Case against Law Firm Pursuing Mortgage Foreclosure

Ohio Law Firm Believes Mounting Credit Card Debt in U.S. Will Increase Bankruptcies

Upcoming NACBA Webinar!

Don’t miss NACBA’s comprehensive webinar, “2017 Case Law Updates & Impact on Consumer Bankruptcy Attorneys,Thursday, June 22nd from 3pm-4pm ET with Henry Sommer and Angela Littiwn. This webinar will discuss recent trends in bankruptcy case law, with analysis of cases decided by the Courts of Appeals and other appellate courts. Take a look at the cases they will be discussing and make sure you Register Today!

Cost is $25 for NACBA Members/$75 For NonMembers

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

Renew your membership in June to be 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!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

 

 

Bankruptcy News Briefs 6/8

What’s Happening in the News Today?

U.S. Rep. Jeb Hensarling Discusses Financial CHOICE Act

Colorado Extends State FDCPA, Expanding the Act to Cover Debt Buyers

States Standing By to Fill ‘Imminent’ CFPB Enforcement Gap

CFPB: Consumer Finance Background Impacts How People Establish Credit Histories

Fifth Circuit Rejects Arguments to Expand Scope of Liability under the Equal Credit Opportunity Act

CFPB hits Fay Servicing with $1.15 million fine for illegal foreclosure practices

AGs Blast Financial CHOICE Act, Urge Congress To Reject Proposed Bill

Since Creditor’s Lien Could Not Impair Debtor’s Homestead Exemption, the Court Denied his Motion to Avoid Judicial Lien

Jury imposes $25 million in civil penalties against Houston debt buyer

Former Corinthian College Students Await Loan Relief: U.S. States

How the Financial Choice Act Hurts Americans

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!

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

Renew your membership in June to be 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.

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!