FTC

Bankruptcy News Briefs 9/15

Headlines Closing Out the Week…

From the Web: Senate Bill Includes Revival of Pell Grant Eligibility

Senator Warren introduces Equifax bill, launches industry probe

Credit Card Debt Continues to Approach Post-Recession Highs

Court Sanctions Plaintiff’s Attorney a Second Time in FDCPA Case

How the CFPB Should Respond to Equifax

Casino failed to Show that Debtor’s Gambling Debt Arose as a Result of Willful and Malicious Conduct

Senate bill calls for free credit freezes after Equifax breach

State Bill Would Stop Debt Collectors From Emptying Bank Accounts

Trustees’ Role in Changes to Model Plans Unfair to Creditors

Ponzi Lost Profits Paid Before Late-Filed Claims for Principal

Gambler Loses at Tables, Wins in Bankruptcy Court

Don’t miss NACBA’s 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

Please sign into your NACBA Member Account to Register now for Hill Day at Home!

DEADLINE TO REGISTER IS FRIDAY, SEPTEMBER 22, 2017

Upcoming Webinar!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BYEdward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non-Member
REGISTERHERE
NACBA 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 Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!
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Bankruptcy News Briefs 9/14

Thursday’s Headlines…

Court Sanctions Plaintiff’s Attorney a Second Time in FDCPA Case

CFPB Report Highlights Debt Collection Issues; Collectors AND Creditors Should Take Note

In Chapter 7 IRA Exemption Protects Funds even if not Rolled Over

CFPB Releases Latest Supervisory Highlights Report

Consumer Spending on the Rise While Savings Rate Declines

No Jurisdiction over Appeal of District Court Vacation of Confirmation Order

9th Circuit Tackles Arbitration Involving State-Sponsored Debt Collection

Debt collector accused of violating federal law

FTC Cracks Down on Lead Generation Company’s Indiscriminate Sharing of Consumers’ Sensitive Data

Debtor Who failed to Disclose $5,000 in Lockbox Received Discharge since UST Failed to Show Requisite Intent

Record Household Debt Limits GDP Growth Going Forward (Article 8 Of 10)

Collection of Periodic Mortgage Payments Does Not Violate the Discharge Injunction

BAP says District’s Model Chapter 13 Plan did Not Exceed the Bankruptcy Court’s Rule-Making Authority

 

Don’t miss NACBA’s 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

Please sign into your NACBA Member Account to Register now for Hill Day at Home!

DEADLINE TO REGISTER IS FRIDAY, SEPTEMBER 22, 2017

Upcoming Webinar!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BYEdward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non Member
REGISTERHERE
DATE: Thursday, September 14, 2017 @ 4:00 PM Eastern to 4:45 PM Eastern
PRESENTED BYJames Haller, Esq., Sulaiman Law Group Ltd. Chicago, IL
COST: $25 Member / $75 Non Member
REGISTERHERE

NACBA 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 Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy New Briefs 9/12

Stay Informed…Check out Today’s Headlines…

Consumer Borrowing Turns Around in July

From the Web: ‘Equifax Breach May Kill Repeal of CFPB Mandatory Arbitration Rule’

9th Circuit Opinion Highlights Right to Cure Provision in California’s Rosenthal FDCPA

Statement of National Consumer Law Center Staff Attorney Chi Chi Wu on the Equifax Data Breach that Affected 143 Million Consumers

Debtor’s Concerns about her future Income and the Distribution of her Non-exempt Assets in chapter 7 proceeding were Not Special Circumstances within the meaning of § 707(b)(2)(B)

Chapter 13 Debtors Could Modify their Plan in order to Defer Payment of Arrears Beyond Initial Plan Term Since it was Within 60-month Period Mandated by Section 1329

Debtor’s Law Firm had to Disgorge Attorney’s Fees Where it Improperly “Unbundled” its Services and Created Conflicts with Client

TCF Bank Sees Partial Ruling In Its Favor In Overdraft Fees Case Lodged by CFPB

Shindler & Joyce accused of misrepresentation in debt collection

Consumers piled on credit card debt in second quarter

Does The Fair Credit Reporting Act Preempt State-Law Claims For Unfair And Deceptive Trade Practices?

Don’t miss NACBA’s 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

Please sign into your NACBA Member Account to Register now for Hill Day at Home!

DEADLINE TO REGISTER IS FRIDAY, SEPTEMBER 22, 2017

Upcoming Webinar!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BYEdward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non Member
REGISTERHERE
DATE: Thursday, September 14, 2017 @ 4:00 PM Eastern to 4:45 PM Eastern
PRESENTED BYJames Haller, Esq., Sulaiman Law Group Ltd. Chicago, IL
COST: $25 Member / $75 Non Member
REGISTERHERE

NACBA 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 Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 8/25

Let’s Wrap Up the Week…

New Law Outlines Requirements for Debt Buyers in Oregon

OCC Rejects ‘Tactics and Goals’ of Operation Choke Point

CFPB Director’s Op-Ed ‘Disregards’ Facts on Effects of Arbitration Rule

‘White Lies’ Can’t Prevent Debtor’s Bankruptcy Discharge

Group sues Lowell court over debt collection practices

CFPB Calls for Court to Stop Order Against DOE’s Collection on Defaulted Loans

Damages for Copyright Violation Can’t Be Wiped Out in Bankruptcy

DC Cir. Confirms Mediation Not Required Prior to Judicial Foreclosure

Long Arms of the CFPB Don’t Exclude Healthcare Providers

CFPB Sides with ED in RFP Litigation and the Court’s Preliminary Injunction Prohibiting New Placements

American Express Settles With CFPB on Discriminatory Card Terms

Regulators, consumers target student debt servicer Navient

Ferguson VS Navient

Read the Transcript for Ferguson vs Navient. This is a new area of law dealing with those types of student loans that are not automatically excepted from discharge. It shows that debtors who went through bankruptcy years ago with dischargeable student loans and have been hounded into repaying these discharged loans have a remedy for relief and punitive sanctions.  Submitted by Austin Smith.

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.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

We have a special President’s Report in this quarter’s Consumer Bankruptcy Journal. NACBA’s President Jim Haller had the pleasure of honoring several distinguished members of NACBA at the 25th Annual Convention. Each year we honor members and key allies for their extraordinary service. Take a moment to review the President’s Report and the awards that were given to our incredible recipients!

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 Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

What’s Happening in DC? Find Out In Today’s Washington Update

NACBA Staff member, Krista D’Amelio gives us the latest update from Washington. Stay informed about significant and relevant activity on the part of Congress, regulatory agencies and interest groups/think tanks.

On The Hill On Tuesday, July 25 the House of Representatives passed H.J. Res. 111, a resolution to repeal the new Consumer Financial Protection Bureau (CFPB) rule to restore consumers’ ability to join together and hold banks and lenders accountable in class action lawsuits when they break the law. The CFPB issued the arbitration rule on July 10, 2017, an effort to restrict banks and lenders’ use of forced arbitration — fine-print clauses in contracts for credit cards, bank accounts, and other financial products that prevent people from banding together to challenge fraud by big banks. Representative Walter Jones (R-NC) was the only Republican to vote no on H.J. Res. 111. A full list of recorded votes has been posted on the House Clerk website. The Senate is expected to vote on a similar bill filed as S.J Res. 47.

H.R. 3553 was introduced by Congressman Tom Marino (R-PA) on July 28th to amend title 11 of the United States Code to increase the amount of compensation paid to chapter 7 bankruptcy trustees for services rendered. Congressman Ed Perlmutter (D-CO) co-sponsored the bill and a summary is in progress.

In The Agencies The Federal Trade Commission (FTC), state, and local authorities will convene a conference in Los Angeles on Sept. 7, 2017, to help educate military consumers and train military attorneys, law enforcement personnel, and consumer protection officials to address consumer fraud and other issues that affect servicemembers and their families. This event follows the FTC’s recent successful Military Consumer Financial Workshop, held July 19 in San Antonio. More information can be found by visiting the FTC’s website.

FROM THE INTEREST GROUPS On August 1, 2017, the Economic Policy Institute released a fact sheet debunking industry claims that consumers recover more money in arbitration than class actions. They re-examined data from the CFPB study and found that the average consumer is ordered to pay their bank or lender $7,725 in arbitration. The EPI findings conclude that class actions return hundreds of millions to consumers, while forced arbitration only pays off for banks and lenders.

On July 13, 2017, Director of the U.S. Trustee Program Clifford White addressed the National Association of Chapter 13 Trustees at their 52nd annual conference. During his speech, Director White spoke on issues including: marijuana assets in bankruptcy, stale debt claims, efforts to fight fraud and debt abuse, debtor education and the Department of Justice’s proposal for a uniform national chapter 13 plan. You can read Director White’s entire speech on the Department of Justice website.

Feedback should be directed to Krista.DAmelio@NACBA.com

Bankruptcy News Briefs 8/4

Headlines Closing Out the Week…

Acting Comptroller of the OCC Will Not File Petition to Stay CFPB Arbitration Rule

ED Update: RFP Process and Litigation Continues in Private Collection Agency Selection

Two FDCPA Class Actions Dismissed, Citing Supreme Court Ruling in Midland v. Johnson

Debtor Can Remove Tax Liens Against Personal Property

Having met the Residency Requirements, Even a “Bad Actor” like this Debtor, may Claim Florida’s Homestead Exemption

Debtor had No Claim for Discrimination against Employer under §525 where she Failed to Show Bankruptcy was the Sole Reason for Termination

Chapter 13 Trustee Must Pay Debtor’s Attorney’s Fees before Refunding Money to Debtor in Chapter 13 Cases Dismissed Pre-Confirmation

DOJ will be allowed to join Ocwen’s challenge to constitutionality of CFPB

Ch. 7 Debtor Can’t Reopen Case After Paying Fee Late

Illinois Federal Court Dismisses FDCPA Claims Focused on “Bounced Check” Language in Collection Letter

Citi Report Draws Frightening Parallel Between Student Loans and the Mortgage Crisis

Down But Not Out: The Second Circuit Breathes New Life Into the Use of TCPA Consent Clauses to Combat Revocation of Consent Claims

Decline in personal bankruptcy filings slows

6th Cir. Bankruptcy Panel Holds Foreclosure Deficiency Judgment May Be Avoided

New NACBA Webinars

 

 

Check out these upcoming webinars for August and Register Today!

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

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
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.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

 

 

 

 

 

 

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!

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 7/10

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!