FTC

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 2/20

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!

Bankruptcy News Briefs 2/8

Headlines in the Briefs…

Will 2018 Be the Year States Shore Up Balance Billing Legislation?

The Steady, Alarming Destruction of the Consumer Financial Protection Bureau

CFPB requests information on its own enforcement process

Massachusetts Sues Equifax Amid Questions About CFPB’s Investigation

Consumers are biggest losers of Trump’s ongoing war on regulations

Appeals Court Gives Rogue Agency A Stay Of Execution; The Supreme Court Should Pull The Switch

Woman in lawsuit says Norfolk debt collector robocalled her 1,500 times

City collection lawyer sued over foreclosure

Ameritech Financial on What Makes Student Debt Unique

Register for February’s Webinars!

Don’t Miss Today’s Webinar!

Circuit Case Law Update
Date: Thursday, February 8, 2018
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 Minutes)
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

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 2/7

Check Out the Midweek Headlines…

District Court Reassesses Evidence of Undue Hardship

Consumer Advocates Explain Crucial Public Interest in a Strong Consumer Financial Protection Bureau

New Jersey: Including a Phone Number on Initial Letter Does Not Violate the FDCPA

Debtor Awarded $5,000 for each Day he was Incarcerated Where Ex-Wife Proceeded with Post-petition Civil Contempt Action in Family Law Action

Connecticut Won’t Require Mortgage Servicer Licenses for Licensed Collection Agencies

Chapter 13 Debtors Must Pay All Payments under a Plan to Receive a Discharge, Including Post-petition Mortgage Payments Made Directly to Mortgagee

FTC Report Highlights Financial Issues Affecting Military Consumers

CFPB Mnuchin Presses CFPB For Answers On Equifax Hack

These US cities have the highest credit card debt

From the Web: Appeals Court to Hear Oral Arguments in Leandra English Case April 12

Canceling $1.4 trillion in student debt could have major benefits for the economy

Why Reform Is Necessary At The CFPB

Credit Reporting of “non-consumer” Debt Beginning Soon: Are you Ready?

Eighth Circuit Court of Appeals Rejects “Reasonably Foreseeable” Standard for Extent of Notice to Creditors

Decision upholds Connecticut lawyer’s suspension from practicing law in Maine

This 1 Thing Could Change How Student Loans Work For Millions Of People

Register for February’s Webinars!

Don’t Miss Tomorrow’s Webinar!

Circuit Case Law Update
Date: Thursday, February 8, 2018
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 Minutes)
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

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 2/5

Headlines Kicking Off the New Week…

Court Denied Creditor’s Dismiss Chapter 7 Case under §707(a) Since it was Not Bad Faith to File Case to Discharge One Substantial Debt

Debtor’s Obligation Related to First-time Home-buyer Tax Credit was Dischargeable Debt

Disturbing Report of Consumer Bureau Pull-Back on Equifax Investigation Compels Increased Efforts to Protect Consumers’ Data

New York Bankruptcy Courts Hold That a Debtor’s Failure to Make Postpetition Loan Payments is a Basis for Granting Relief from the Automatic Stay

Hard Lessons From the Federal Student-Loan Program’s Coming $36 Billion Shortfall

CFPB Is Constitutional But Makes $100 Million Mistake in Interpreting the Law

NY Court Dismisses Credit Union Suit Against Mulvaney

Mulvaney to Move CFPB’s Consumer Response; ACA Puts Complaints in Perspective

House Subcommittee Examines Fintech

More Than Half of Americans Fear Medical Bills as Much as Health Issues Themselves

Consumer Financial Protection Bureau appears to shed its aggressive reputation

Seventh Circuit Rejects Use of Miller “Safe Harbor” Language When a Debt Cannot Increase

Tenth Circuit Joins the Fray Regarding Whether Foreclosures Are Debt Collection Activity

Opinion: Is consumer debt the bubble that finally ends the economy’s strong run?

Register for February’s Webinar!

Circuit Case Law Update
Date: Thursday, February 8, 2018
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 Minutes)
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

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

Hang Out at the Watercooler

Dive into Ruby Receptionist newsletter, the Watercooler to get tips that you can implement in your day to day business!

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 2/1

Kicking Off a New Month With New Headlines…

D.C. Circuit Court of Appeals Rules in PHH v. CFPB

From the Web: In-Depth Analysis of President Trump’s State of the Union Speech

Congress Holds Fintech Hearing; 77 Million in Collections Left Out of Discussion

Trump administration strips consumer watchdog office of enforcement powers in lending discrimination cases

Another Major Staff Appointment in ED’s Federal Student Aid Office

Court Affirms Consumer Watchdog’s Independence; Trump Must Appoint an Independent Director

Lawmakers Demand Answers From CFPB On Payday Rule

Experts, industry leaders and lawmakers dissect appeals court action over CFPB

New York AG Moves to Compel Debt Collector to Hand Over Documents

Ending the Cycle of Wrong Number Collection Calls

Stay Violation? Beware Of Escalating Attorneys’ Fees

Register for February’s Webinar!

Circuit Case Law Update
Date: Thursday, February 8, 2018
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 Minutes)
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

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

Hang Out at the Watercooler

Dive into Ruby Receptionist newsletter, the Watercooler to get tips that you can implement in your day to day business!

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 1/31

Midweek Headlines Making News…

Bank Card Default Rate Continues to Increase

Congress Holds Hearing on Fintech; 77 Million Left Out of Discussion

Attorney Could Not Cover Fees from Debtor under Quantum Meruit Theory where Attorney Violated Ethical Rules

How Much Notice is Enough?

Getting Millennials to Pay their Balance Medical Bills May Require a Revolution, TransUnion Study Suggests

TCPA Case Law Review for December 2017

Court Ruling on CFPB Director Deals Blow to Trump Administration

Appeals Court Rules CFPB Structure Is Constitutional

COLLEGE LOAN DEFAULT RATES RISE 20 YEARS AFTER ENROLLMENT

Utah District Court says FDCPA does not bar state law claims

Fifth Circuit rules that loan-modification discussions resulting in foreclosure do not violate TDCA

Jared Kushner Act’ aims to curb use of arrests for debts in Maryland

Senator Kamala D. Harris Joins Democratic Colleagues in Raising Concerns Over Private Debt Collectors in Higher Education

Register for February’s Webinar!

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

Hang Out at the Watercooler

Dive into Ruby Receptionist newsletter, the Watercooler to get tips that you can implement in your day to day business!

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!