Mortgage loans

Bankruptcy News Briefs- 1/31

The final January 2020 news briefs are…

Idaho billionaire targets medical debt collectors

House of Representatives Passes New Credit Reporting Legislation

This Couple Owes $900,000 In Student Loans – Now, This Happened

Student Loan Debt and Mortgage Lending

In sickness and in health, but not in debt: Young Americans avoid ‘I do’ until student loans are paid off

Millions of Seniors Risk Taking Their Student Debt to the Grave

Student Debt Loan Moans Keeping Millennials Up At Night? You Might Be Surprised

Senators To CFPB: Why Are You Still Failing To Protect Student Loan Borrowers?

Student borrower advocacy group urges CFPB to supervise National Student Clearinghouse as CRA “larger participant”

MoviePass Owner Files For Bankruptcy While Disclosing State And Federal Investigations

U.S. farm bankruptcies hit an eight-year high: court data

Puerto Rico pension assets protected from bondholders, court rules

Consumer bureau sues Citizens Bank over alleged failure to resolve credit card errors

Bankruptcy News Briefs- 1/28

Tuesday headlines read…

Teachers Sue Betsy DeVos Over Student Loans

Phone scams look to capitalize on massive student loan debt

Is Student Loan Forgiveness Taxable? It Depends.

FICO’s new credit score model won’t ding you for simply having student loans or a big mortgage

Moriarty Bill to Require Dealers to Pay Off Consumer Debt on a Trade Vehicle Within 15 Days Approved by Assembly Panel

Title-Loan Settlement Means $825K for N Carolina Consumers

Oil Bankruptcies Are Piling Up

Consumer Financial Protection Bureau Issues Guidance Clarifying Abusiveness Standard

California Governor Moves to Strengthen State Consumer Protection Enforcement in 2020


Bankruptcy News Briefs- 1/24

It’s Friday! Check out the latest news…

Surprise, Your Credit Score May Drop

After Bankruptcy, Nearly Half of Retailers Close All Stores

Greeting Cards Retailer Papyrus Files for Bankruptcy, Plans to Close Stores

Court Cites Student Loans As Reason To Deny Bar Admission To New Lawyer

Federal reserve report shows substantial increase in student loan debt

Key CFPB defenders urge SCOTUS to skip constitutional issue

Killing the CFPB Would Harm States, Attorneys General Tell Court

Former Wells Fargo CEO Hit With $17.5 Million Fine, Barred From Banking Industry

6th Cir. Holds Consumer Lacks Standing to Assert ‘Meaningful Involvement’ Claim, Not Every Technical Violation is Redressable

NY DFS Unveils Consumer Protection Task Force, adds Former CFPB Deputy Director

Sixth and Ninth Circuits Issue Decisions Applying Spokeo to FDCPA and FCRA Claims

Big Week in the 7th Circuit: Settlement Offers, Envelopes, Creditor ID, and More

Another Seat at the Table: CFPB Adds Another Member to Taskforce


Bankruptcy News Briefs- 12/19

Today’s news briefs are…

Trump Administration Weighs Plans to Reduce Student Debt

Supreme Court Ruling in Statute-of-Limitations Case has Wide-Ranging Implications

How Student Loans Impact Your Credit Score

How Student Loan Debt Is Affecting NYC Real Estate

How Students, Grads Use TikTok and YouTube to Pay for College

Chairwoman Waters Criticizes Kraninger for Political Appointee Candidate to Lead CFPB’s Enforcement Team

Massachusetts AG Pens Amicus Brief Supporting Objections to Equifax Settlement

Chief Justice John Roberts will play a starring role in Trump’s impeachment trial in the Senate

Policygenius: One in four Americans say credit card debt is their biggest financial regret of the decade

Owner of Zest Soap, V05 Shampoo Files for Chapter 11 Bankruptcy

Trade Groups File Brief in CFPB SCOTUS Case

CFPB Enters Consent Orders with Military Travel Lender and Servicer for Undisclosed or Overcharged Fees, False Rate Quotes, and Credit Reporting Violations

CFPB Releases Report Exploring Differences between Large and Small Mortgage Servicers


Means Test Game Show: Is it income or an expense?
Date: December 19, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Jenny Doling, Esq., Marybeth Ausbrooks, Esq., Gene Melchionne Esq. & James Haller, Esq.
Register HERE

Join our holiday panel for a game show quiz focusing on allowable or required income and expenses. You can’t lose even if you get the answers wrong..

Why You Should Attend: Ask yourself these questions. Is a withdrawal from a 401k income that should push your client into a five year plan? Is a 401k contribution a permissible expense? Is child support that isn’t received income? Is child support that is not being paid an expense? Your client wants to claim $900.00 in pet expenses for 8 pets. Is that expense ridiculous? Can you justify it? Learn the answers to these questions and more. Come join us!

Registration for NACBA’s next BIG blockbuster is now open!

Bankruptcy News Briefs- 8/13

Take some time to read the following briefs…

In an Unpublished Opinion, the 11th Circuit Discusses Rarely Used 523(a)(19) Exception to Discharge and Types of Default Judgments That Can Cause Issue Preclusion

Survey of student loan borrowers shows payments average 20 percent of take-home pay

Barneys to Shut Down Most of Its Stores After Filing for Bankruptcy

Another Houston-based upstream energy co. files for Chapter 11 bankruptcy protection

Student loan debt affects everything from relationships to retirement planning

Want Student Loan Forgiveness? Avoid These 3 Scams

Elkhart payroll firm declares bankruptcy, accuses its founder of a ‘sophisticated scheme’

PG&E Says It Will File Reorganization Plan in Less Than a Month

Student loans? Your employer can help pay off those debts

The Impact of Student Debt on Housing

New York’s Banking Chief Takes Aim at Consumer Protection Fouls (Corrected)

Feds Botched FDCPA Time Limit Rule, Justices Told

7th Circuit’s Lavallee Decision: What Does it Mean for Text Messaging and the NPRM?

Former Collection Agency Executives Start Charity To Buy And Forgive Medical Debt

Bar code on debt collection letter violates federal law -3rd Circuit

Debt collection through sports betting winnings on hold

Sanchez Energy Files for Bankruptcy, Casualty of Commodity Price Volatility

US bankruptcy filings rose in July 2019 — what does that mean

Calif. High Court: Online Businesses Face Same Standard as Brick-and-Mortar Stores Under State Civil Rights Law

A troubling number of debt-laden ‘zombie consumers’ have been enabled by low interest rates, economists say


Crossing Paths: The Intersection of Reverse Mortgages and Bankruptcy
Date: August 15, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The senior population of the United States is expected to grow rapidly over the next twenty years. Rather than enjoying their golden years, increasingly older Americans are struggling with less income, greater debt and insufficient retirement savings. The average amount of debt held by seniors has soared over the last decade. Many now rely on credit cards to cover their basic living expenses. Rising mortgage debt has compromised the use of home equity as a retirement nest egg. There are few easy solutions. Two tools available to seniors to combat financial distress are reverse mortgages and bankruptcy. Reverse mortgages allow seniors to tap their home equity to pay off outstanding debts or supplement monthly income. Bankruptcy provides an opportunity to obtain a fresh start by discharging certain debts or adjusting one’s financial affairs. The two options—reverse mortgages and bankruptcy—are not mutually exclusive.

Why You Should Attend: Learn how to best help your older clients by understanding the intersection between reverse mortgages and bankruptcy and when they can work together to prevent foreclosure or put a senior on more solid financial footing.

Criminal Justice Debts and Civil Fines in Bankruptcy
Date: September 19, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Tara Twomey, Esq. & James Haller, Esq.
Register HERE

For criminal justice debtors and those with civil fines, bankruptcy can be a powerful tool. It may eliminate the obligation to repay these debts or provide an orderly mechanism for repaying certain debts that cannot be discharged. Bankruptcy can also open the door to relief, such as expungement, record sealing, or restoration of a driver’s license, that may otherwise be unavailable due to outstanding debt. This webinar will provide an overview of the application of bankruptcy law to criminal justice debt and civil fines.

Why You Should Attend: Not all criminal justice debt and civil fines are created equally. Learn about the different kinds of criminal justice debt and civil fines, including which are dischargeable in bankruptcy and which are not.

Home Owner’s Association Fees and Bankruptcy
Date: October 10, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Lee Rowland, Esq., Christina Henry Esq. & James Haller, Esq.
Register HERE

The treatment of Homeowner’s Association Fees in bankruptcy is a complex question. Are they dischargeable in chapter 7 and chapter 13? Does Rule 3002.1 apply? Can underwater HOA liens be avoided? This webinar will answer these questions and more as we explore the treatment of HOA fees in bankruptcy.

Why You Should Attend: HOAs can be aggressive in attempting to collect their debt. You won’t want to miss this program which will discuss ways to reduce or eliminate HOA fees and liens through bankruptcy.

Top 20 Cases You Must Know for Your Bankruptcy Practice.
Date: October 17, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Nathan Juster, Esq. & James Haller, Esq.
Register HERE

From projected disposable income and attorneys’ fees to bankruptcy court jurisdiction, this session will cover fundamental cases that you need to know.

Why You Should Attend: You must know the major guideposts to give your clients accurate advice. Make sure you are following these important cases and using them to your client’s benefit.

Bankruptcy News Briefs- 5/10

Before you celebrate Mom this weekend, take some time to read the following…

U.S. Senator Sherrod Brown Awarded NACBA’s 2019 Champion of Consumer Rights Award

Durbin, Warren, Nadler, Katko Introduce Bill Making Bankruptcy Relief Available For Student Loan Borrowers

NACBA Applauds Bicameral Congressional Effort to Diffuse the Student Loan Debt Bomb

Federal Student Loan Interest Rates Decrease For New Borrowers In 2019 – 2020

CFPB Hosts Debt Collection Town Hall; CRC Director Stephanie Eidelman Highlights Consumer Authentication Conundrum

Elizabeth Warren’s plan to cancel student debt is popular with voters, survey finds

Lawmakers Plan Would Let Borrowers Cancel Student Loans in Bankruptcy

CFPB Posts Fact Sheet on Assumptions and TRID

CFPB Issues FDCPA Proposed Rule: A Detailed Overview


Have you joined the Cleveland Convention Facebook Group yet?  If not, we’d love to hear from you and what you plan to do while in Cleveland.  CLICK HERE to join today!


Bankruptcy News Briefs- 4/23

Read today’s headlines featured below…

Bankruptcy Court Determines Redemption Value of Frankenstein Truck

6th Circ. Remands Casino Case After High Court Ruling

Woman at center of lawsuit slams debt collection company for ‘misrepresenting facts’ as hearing is postponed

District of New Jersey Denies Consumer’s Motion for Summary Judgment on FDCPA Claim

Court Denies PCAs’ Motion to Prevent Account Recall by Department of Education

New CFPB Rule Provides Enforceable Protections for Prepaid Cards

Homeowners Hurt by Mortgage Scam Seek Role in Ditech Bankruptcy

Elizabeth Warren Wants To Erase Most Student Loan Debt

Report: help ‘urgently’ needed to address growing student loan debt

1 in 4 young people dip into 401(k)s to pay off debt—here’s why that’s a problem

Trump-Appointed Official Promises Full Push to Overhaul Plumbing of Mortgage Market

Bipartisan Group Of Lawmakers Aim To Ease Chapter 12 Bankruptcy Rules


Emerging Bankruptcy Technologies to Assist your Bankruptcy Practice
Date: June 6, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rachel Foley Esq., Reed Almand, Esq. & James Haller Esq.
Register HERE

Busy bankruptcy attorneys are bombarded with technology choices – all promising great rewards but many coming at great expense. Learn about different technologies that can make your practice more efficient in time and cost.

Why You Should Attend: What faster way is there to improve your bottom line than being more efficient while increasing accuracy!

Chapter 13 Plan Provisions: What Are They Good For?
Date: July 11, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., O. Max Gardner III, Esq. & James Haller, Esq.
Register HERE

Avoid having unwanted provisions forced upon you and getting non-standard provisions that you want.

Why You Should Attend: Stuck with a plan provision unfavorable to your client? Learn how to contest those provisions and get more favorable language added to the plan.