FTC

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!

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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!

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!

PlayBack NACBA

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!

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!

PlayBack NACBA

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!

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card!

PlayBack NACBA

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!

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

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

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card!

PlayBack NACBA

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!

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

PlayBack NACBA

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

Bankruptcy News Briefs 6/6

What’s News Is Making Headlines Today? Take a Look…

Right to Dismiss Prevails Over Motion to Convert

Collection Letter That Failed to State Interest or Fees No Longer Accruing Does Not Violate FDCPA

Bank Violated the Automatic Stay by Sending Statements to Debtors to Persuade them to Make Payments on Scheduled Debts

“Ringless Voicemail” Petition at FCC: Another Factor to Consider in TCPA Compliance

Are Significant Changes To Class Actions On The Horizon? – Part One

U.S. Rep. Blaine Luetkemeyer Reintroduces Legislation to Stop Operation Choke Point

Trump’s America Is Facing a $13 Trillion Consumer Debt Hangover

First-time Foreclosure Starts Hit All-time Low

CFPB Wins a Battle in Ocwen Case

May Commercial Bankruptcy Filings Rise 5% Y/Y; Chapter 11 Filings Dip 8%

Spotlight on Alabama: New Law Extends Creditor Protections for Certain Retirement Account Assets in Alabama

Policy changes are altering student debt landscape

Receive a $25 Amazon Gift Card!

It’s aNew Month and There’s a New Chance to Win This Great Resource!

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

Bankruptcy News Briefs 5/30

After A Long Weekend, Catch Up on the News…

Debt Collection Complaints and Consumer Litigation Filings Drop in April

CFPB’s Office of Servicemember Affairs Releases Annual Report on Service Members, Veterans and their Families

FDCPA and Discharge Injunction Not Incompatible

46-Year-Old Debtor Who Earned $111,000 Per Year Failed All 3 Prongs of Brunner Test, Even with Expenses Related to Disabled Spouse

From the Web: White House Budget Includes Savings from Changes to Dodd-Frank

TCPA Is Not Dead Yet – Court Trebles Eight Figure TCPA Award While World Awaits ACA Decision

47 -Year-Old Debtor Earning $63,000 Per Year who Contributed to Retirement Account Failed First Prong of Brunner Test and Could Not Discharge Student Loans

The CFPB Wants Data On Small Business Loans. Bankers Are Outraged

As Americans take on more debt, some pockets of concern

US Banks Fear Subprime Bubble in $1.2 Trillion Auto Loans Market

Learn How Your Firm Can Break The 7 Figure Barrier in June’s Upcoming Webinar!

Building a 7-Figure Lifestyle Law Firm: Moving from a Busiess Operator to a Business Owner
Date: Thursday, June 1, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, The Rainmaker Institute
Cost: No Fee – NACBA Member Benefit

There are 3 stages every law firm goes through to break the 7-figure barrier. At each stage there are different challenges that must be faced and overcome to grow to the next level. Since 1999, The Rainmaker Institute has trained over 18,000 attorneys and helped hundreds of their clients break 7-figures. If you’ve struggled to scale to a million dollars or more in your law firm you need to attend and discover:

What are the 5 key challenges you must face to grow to the next level
How to go from being an business operator to a business owner
The 10 major parts of every successful law firm
Specific steps you must take to build a lifestyle law firm that provides the income you want to enjoy the life you want

Don’t miss this informative webinar! Register HERE

Receive a $25 Amazon Gift Card!

Renew Your Membership in May to Enter This Awesome Giveaway!

Only a few days left to renew your membership in May 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

Do you wish you could experience the 2017 Convention all over again, is 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 4/20

U.S. Secretary of Education Withdraws Memos on Student Loan Servicing

Experian Makes Debt Collection Easier for Consumers

Prior Express Consent Defeats TCPA Claim, But Jury May Find 87 Calls Over 19 Days to be FDCPA Violation

Bona Fide Error Defense Comes Through For Collector With Strong Processes

Mortgage Defaults Climb Slightly

Decline in bankruptcy filings slowing

Judge Issues 30-Day Halt To Proceedings in ED Contract Debacle

Americans have lodged thousands of mortgage complaints with the agency Republicans want to gut

CFPB Prepaid Card Rule Again Targets a Product Popular With the Masses

U.S. recoups $63M in student loans after hiring private debt collection lawyers

WASHINGTON STATE SENATE PASSES BILL TO INCREASE TRANSPARENCY FOR STUDENT LOAN BORROWERS

NACBA25 is Less Than A Month Away! Are You Registered?

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today!

A Glimpse Into the Consumer Bankruptcy Journal

Brian Cuban, Esq.

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In Brian Cuban’s article, “Why Are Lawyers So Afraid To Ask for Help?” he gives some honest insight into the stigma and fear lawyers have of career consequences when seeking help, especially through the Legal Assistance Program. Brian discusses this culture of fear and gives ideas on how to dispel this myth so that those who need help will seek it freely.

Receive a $25 Amazon Gift Card!

It’s a New Month! Renew Your Membership to Enter This Awesome Giveaway!

Renew your membership in April and 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