FTC

Bankruptcy News Briefs 1/23

Take a Moment to Dive Into Tuesday’s Headlines…

Social Security Income payable to Debtor’s Mother who lived with him Could Not Included in Debtor’s Disposable Income Calculation

Bank Could not Recover its Law Firm’s Fees and Expenses to Set Aside Post-Petition Foreclosure Sale under Fed. R. Bankr. Proc. 3002.1

Tears Over QE And U.S. Household Debt Problem

U.S. Senate, House End Partial Government Shutdown with Bipartisan Votes

ACA International Files Amicus Brief with Court of Appeals in Case Combatting TCPA Abuse Trend of ‘Unreasonable Revocation of Consent Methods’

Expensive loans in California can force you into bankruptcy!

CFPB Deputy Director Files Emergency Motion to Expedite Appeal

Student Loans In Crisis As Two In Five Likely To Default

New Mexico’s Study on Balance Medical Billing Echoes National Concerns

E.D.N.Y. Decides “Settlement May Have Tax Consequences” is an Acceptable 1099C Disclosure

On Second Thought…CFPB Continues to Back Off; Dismisses Case Against Payday Lenders

Don’t Let Payday Lenders Off the Hook

CFPB Expects to Further Delay Prepaid Account Rule’s Effective Date

Projections for student loan defaults are terrifying. It’s time to act.

NACBA’s Webinar Lineup!

How to Raise and Support a Request to Increase the Chapter 13 Flat Fees in Your District.
Date: Thursday, January 25, 2018
Time: 3:00 PM Eastern / 12:00 PM PACIFIC (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Pam Stewart and Edward Boltz

Register HERE

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!

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Bankruptcy News Briefs 1/19

 

Start Your Weekend With Fresh Headlines…

Mick Mulvaney’s Budget Request for the CFPB? $0.

Objection to Claim Cannot be used to Seek Judicial Determination of the Validity or Extent of a Lien; Adversary Proceeding is Required

Consumer Financial Protection Bureau Drops Lawsuit Over 950% APR Loans

Total Bankruptcy Filings Decline in Calendar Year 2017

Debtor May Exempt 100% FMV When Value Does Not Exceed Statutory Cap

National Consumer Law Center Attorney Will Testify before U.S. Senate Committee on Financial Aid Simplification and Transparency on January 18

CFPB to Undertake Comprehensive Review of All Functions

Payday Rule Pullback is Another Example of CFPB Deregulation

Americans’ money worries before and in retirement are rising

CFPB Announces Reconsideration of Rule for Small Dollar Lending Market

CFPB Director Seeks Input On Operations

In bizarre reversal under Trump, consumer agency reveals moves to protect payday lenders

Supreme Court declines to review case over collecting stale debt

Bill would create ‘student loan advocate’

Delaware Court Rules Fraudulent Transfer Recoveries Are Not Capped At The Amount of Creditor Claims

NACBA’s Webinar Lineup!

How to Raise and Support a Request to Increase the Chapter 13 Flat Fees in Your District.
Date: Thursday, January 25, 2018
Time: 3:00 PM Eastern / 12:00 PM PACIFIC (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Pam Stewart and Edward Boltz

Register HERE

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 1/12

End of the Week Headlines…

Department of ED Completes Corrective Action in Debt Collection Contract

Private IRS Collectors Waste Taxpayer Money While Squeezing Low-Income Families

Court dismisses defendants’ counterclaims against CFPB for fees and expenses

Judge Tosses Request For Injunction Against Acting CFPB Head

Student loan crisis could be worse than originally thought

Education Dept. awards debt collection contract to company with ties to DeVos

The IRS’ Private Debt Collection Program Once Again Looks Like A Failure

Prison for Bankruptcy Fraud Where Creditors Paid 100%

More seniors citizens have student loan debt

New Analysis of Student Loan Default Data

Goodbye Delaware and New York? Senate Bill Introduced That Could Significantly Impact Venue of Bankruptcy Cases

NACBA’s Webinar Lineup!

How to Raise and Support a Request to Increase the Chapter 13 Flat Fees in Your District.
Date: Thursday, January 25, 2018
Time: 3:00 PM Eastern / 12:00 PM PACIFIC (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Pam Stewart and Edward Boltz

Register HERE

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 1/10

Midweek News Briefs…

Bankruptcy Court Lacked Power to Order $375,000 in Punitive Damages

U.S. Sen. Elizabeth Warren Says CFPB Data Collection Freeze, Other Actions, are ‘Unjustified’

Court Finds that Late Filing of Tax Return does Not Automatically Bar a Debtor from Discharging a Taxes

Debtor Who Prevailed in Automatic Stay Violation Action Awarded only $406 in Total Damages Since She Neither Mitigated Damages Nor Offered Evidence of Attorneys Fees

IRS private debt-collection program hurts low-income Americans

The Bankruptcy Venue Reform Act of 2017

U.S. says Massachusetts cannot sue student loan servicer

Debt Collection Activity Alone Does Not a Debt Collector Make, According to Northern District of Illinois

Judge Was Not Kind to Collection Agency Plaintiffs in RICO Case Decision

President Trump Nominates Brendan Carr for Five-Year FCC Term

AG Pushes Collection Firm to Scrap $8.8M in Consumer Debt

CFPB Withdraws Proposal To Conduct Debt Collection Disclosure Survey

US consumer debt surges by the most in over 2 years to $3.8 trillion

Holiday Debt Hangover for U.S. Consumers

Nevada District Court Holds that a Creditor Must Have a Fully Undisputed Claim to Petition for an Involuntary Bankruptcy

Americans Borrowed More in November Amid Solid Holiday Sales

Kick Off the New Year with A New Webinar!

Stump the Chumps!
Date: Thursday, January 11, 2018
Time: 11:30 AM Eastern / 8:30 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: James J. Haller, John C. Colwell, Ed Boltz, Gene Melchionne 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 1/5

Headlines Leading Into the Weekend…

Robocall Problem Even Worse than FTC Data Shows

Title-Pawned Vehicle Drops Out of Estate When Not Redeemed Post-Petition

Chris Lazarini Discusses Challenge to Dischargeability of Claim Against Broker in Bankruptcy

These banks held the most CFPB complaints in 2017

Two Courts Clear the Way for Bankruptcy Trustees to Avoid Tuition Payments Made by Parents on Behalf of Children as Fraudulent Transfers | Financial Services Perspectives

GOP senator calls for probe into ‘flawed’ vetting process for CFPB official

Claw Back of Parent PLUS Loan Proceeds to Pay College Tuition Hits a Roadblock

NerdWallet CEO: Americans need the CFPB now more than ever

Fourth Circuit Approves Partial Dirt for Debt Plan

The Consumer Credit Market: The CFPB’s 2017 CARD Act Report

Democrats Question GOP Rural Student Loan Reimbursement Bill

Bringing Common Sense to Collections

Angry about robocalls? It’s not just you: New Jersey led the nation in complaints

Dispute Evolution: A bona fide dispute regarding claim amount may disqualify creditor from maintaining an involuntary case.

Eleventh Circuit Affirms Award of Attorneys’ Fees Incurred by Individuals for Stay Violation in Damages Action and on Appeal

Kick Off the New Year with A New Webinar!

Stump the Chumps!
Date: Thursday, January 11, 2018
Time: 11:30 AM Eastern / 8:30 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: James J. Haller, John C. Colwell, Ed Boltz, Gene Melchionne 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 12/28

Check Out Headlines Making News…

Educational Debt in Excess of §109(e) Debt Limit is Not Cause for Dismissal or Conversion of Chapter 13 Case

Debtors Could Exempt their Mobile Home in Massachusetts under a Florida Statute, which the Court found to be Extraterritorial

Narrow bankruptcy laws make it nearly impossible to discharge student debt

Americans have more credit cards – and more debt says CFPB

Northern District Of New York: No FDCPA Violation Where Pre-Judgment Interest Not Disclosed In Collection Letters

CFPB adjusts HMDA data collection, TILA mortgage escrow thresholds

SDNY Bankruptcy Court Chimes in on Bankruptcy Court’s Jurisdiction to Consider Third-Party Releases

CFPB plans to further delay prepaid rule

Many Americans don’t have a plan to pay off their debts

Fifth Circuit Claims Loan Modification Communications Are Not Debt Collection Activities Under TDCA

Court Holds that Bankruptcy Judges Cannot Impose Punitive Sanctions

Beware secured creditors: The newly amended US Federal Rules of Bankruptcy Procedure now require filing a proof of claim

Kick Off the New Year with A New Webinar!

Stump the Chumps!
Date: Thursday, January 11, 2018
Time: 11:30 AM Eastern / 8:30 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: James J. Haller, John C. Colwell, Ed Boltz, Gene Melchionne 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 12/6

Check Out Midweek Headlines In Today’s Briefs…

Trustee $65,000 Fee Application Denied

Debtors whose Financial Situation Improved Substantially after their case was Appealed and Remanded, and who did Not live a “Spartan” Lifestyle, Failed the Brunner “Undue Hardship” Test

Legislation to allow on-site attorneys at Michigan collection agencies receives favorable votes in the state’s House and Senate.

Court Bends Every Rule, Grants Dismissal to Kohl’s in “Opt-Out Evader” TCPA Suit –Blesses Contractual Revocation Clause

Millions Are Hounded for Debt They Don’t Owe. One Victim Fought Back, With a Vengeance

Consumer Bureau’s New Leader Steers a Sudden Reversal

Op-Ed Why every American should want a strong CFPB

IS SECRETARY DEVOS DENYING STUDENT LOAN PROTECTIONS?

Household Debt and Its Hidden Costs

Student Loan Debt Is Now As Big as the U.S. Junk Market

House Republicans May End Student Loan Forgiveness

No Thanks: Most Districts Opt Out of National Chapter 13 Plan

FCC Opens the Door to Blocking Spoofed Robocalls that Violate the TCPA

FTC Files Complaint To Stop Credit Card Interest Scam

Are You Registered for Tomorrow’s 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

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It’s a New Month Renew Your NACBA 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.

Registration is Open for the 2018 NACBA Annual Convention! 

Register by February 23rd for Early Bird Savings!