Membership

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 1/16

Check Out Tuesday’s Headlines…

Report: Consumer Delinquencies Vary in Third Quarter

Court Approves $300 per Hour in Chapter 13 Case for Debtor’s Board Certified Attorneys

Debtor’s Treatment of Student Loan Outside Plan Not Confirmable

English Makes Next Move; Appeals CFPB Leadership Decision to D.C. Circuit

Individual Chapter 11 Plans Also Are Just About Written in Stone

After Consumer Financial Protection Bureau Freezes Data Collecting, Sen. Elizabeth Warren Demands Reversal

CU fights to keep lawsuit against Trump’s appointment to CFPB alive

Since Debtors could Claim Certain Exemptions under the State Law of their Domicile, they Could Not use Federal Exemptions

Debt-Collection Contracts Awarded to 2 Companies

Is There Such a Thing as a Debtor’s Prison?

Consumer Finance Lawyers Prep Wish Lists as CFPB Retools

America’s debt load is hitting record — and risky — territory

Study: Looming Student Loan Default Crisis Will Be Worse Than Projected

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 1/8

Kicking Off A New Week With New Headlines…

CFPB Bank Complaints Normalized; Such Analysis Eludes Debt Collectors

From the Web: Cybersecurity Legislation Slated for Action in 2018, if Congressional Schedule Allows

Collection Boot Camp: The Red Flags Rule and Debt Collection

Senator Concerned About Possible ‘Burrowing In’ Situation Involving CFPB Deputy Director

New York Credit Union: CFPB’s Mulvaney Already Hurting Us

Debt-collectors harass people duped into fake Telkom listing update

Debtor’s Guaranty of Wife’s Business Debt was a Non-consumer Debt, so he was Not Subject to Abuse Test under § 707(b)(1)

4 Ways Betsy DeVos Plans To Make It Harder For Ripped-Off Students To Get Loan Forgiveness

Involuntary Proceeding Suspended to Permit Disposition of State Court Litigation

Months after Equifax data breach, we’re still no closer to privacy protections

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 12/26

Missed Headlines Last Week? Catch Up Today!

BAP: Bankruptcy Court Did Not Err in Sanctioning Ocwen $119,000 for Willful Discharge Violation but Did Err by Holding that it Lacked Authority to Award Punitive Damages

Total Bankruptcy Filings Increase in November

Minimum Percentage Paid to Unsecured Creditors is Not a Factor in Determining Reasonable of Chapter 13 Counsel’s Fees

FTC Issues Reminder to Consumers on Stopping Robocalls as Legitimate Businesses Calls Continue to Get Improperly Blocked and Labeled

Traffic Fines Not Given Priority in Chapter 13

Fourth Circuit Side-Steps Retirement Contribution Issue

Education Department Rolls Back Relief to Defrauded Corinthian Colleges Students

New Bankruptcy Rules that Creditors Need to Know and Follow

Banking Lobbyists Back FCC Petition to Shield Companies from Penalties for Text Messaging Consumers

CFPB’s Updated Timeframe for Debt Collection Rulemaking Unlikely as New CFPB Leadership Signals a Stall

Tax Sale Can be Redeemed Through Chapter 13 Plan

FDCPA Caselaw Review for November 2017

Northern District of NY Agrees with Debt Collector: Pre-Judgment Interest Does Not Trigger Avila Disclosure Requirements

E.D.N.Y. Rips Into Plaintiffs’ Bar on Reverse Avila Claims

The conflict over the CFPB and what it means for the future

Under New Leadership, CFPB Withdraws Proposed Debt Collection Disclosure Survey

What 2017 meant for student loan borrowers

Student Loan Debt Is The Gift That Keeps Giving

Bankruptcy Court Lacked Power to Issue Punitive Sanctions

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 with the Early Bird Rate!

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

Remember to Renew Your NACBA Membership for 2018!

Bankruptcy New Briefs 12/14

In Today’s Bankruptcy News Briefs…

Why States Should Have Primary Oversight of Attorney’s Activities in Debt-Collection Litigation

U.S. House Financial Services Committee Votes to Reduce Credit Bureau Consumer Protections

THE FIGHT TO CONTROL THE CFPB ISN’T OVER YET

CUNA files amicus brief supporting Mulvaney at CFPB

The preclusive effect of a Congressional override of the CFPB dealer pricing bulletin: we think Professor Levitin’s premise is wrong

Consumer lending 2017: Bold bets and strategic exits

District Court Affirms Finding of No Undue Hardship for 44-Year Old Lawyer/Nurse who Sought to Discharge Student Loans

Bankruptcy Law Update: Preferences and Selected Bankruptcy Issues

New York launches tough new regs in wake of Equifax breach

Student Loans, Bankruptcy and the Silence of Presidents

Nearly 5 Million Americans in Default on Student Loans

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!

NACBA’s Summit at Sea

Don’t miss this Members Only event, November 29 – December 3, 2018. Mark your calendars, save the dates, and prepare to set sail on NACBA’s voyage at sea! Registration is now open!

Bankruptcy News Briefs 12/11

Check Out Monday’s Headlines…

Consumer Advocates File in Support of Acting CFPB Director Leandra English

Special Counsel Violates Code and Rules by Failure to Disclose Fee Agreements

TCPA Case Law Review for September-November 2017

Judge in CFPB Leadership Case Sets Swift Court Schedule

Mick Mulvaney Taking a Closer Look at CFPB Investigations

Bank is not entitled to the Fees at issue under the terms of the Mortgage since it did Not give Actual Notice of Post-Petition Fees to Chapter 13 Debtors

11th Cir: §362(k)(1) Authorizes Debtors’ Attorneys’ Fees in Ending a Willful Violation of Stay, Prosecuting a Damages Violation, and Defending Appeal of those Issues

Bill aims to forgive volunteer first responder student loan debt

Americans are drowning in debt. Here’s where they have it the worst.

The Undoing of the CFPB: Why Consumers Should Know and Care

CU Share of Consumer Loans Up in October

The #Resistance Is ‘Creating a Genuine Constitutional Crisis at the CFPB

With CFPB, GOP can finally make good on abolishing federal agencies

Average US household owes $15,654 in credit card debt

Medical Debt Accrual Down By 45% In States After Medicaid Expansion

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!