Mortgage loans

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!

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!

 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

Bankruptcy News Briefs 4/18

Seventh Circuit Court of Appeals Rules that Agency Acting Under a “Safe Harbor” Provision of Wisconsin Statute Did Not Violate FDCPA

CFPB Sues Ohio Law Firm Over Debt-Collection Practices

Attorney Fee Application Filed Too Late

Attorney’s Failure to Conduct Reasonable Investigation of Debtor’s Income & Expenses Led to Dismissal of Case & Sanctions against Lawyer

CFPB Proposal Aims to Clarify Home Mortgage Disclosure Act Rule

Individuals Account for More Than a Quarter of All Chapter 11 Filings, ABI

Yes, all debt is bad debt

The Bureau of Resistance

Credit card debt enslaving the American consumer

Report: Medical Debt Agencies Aggressively Go After Debts That Aren’t Owed

District Court Takes Perplexing View on FDCPA Standing

IRS Just Hired Private Debt Collection Agencies to Chase Down Your Debt

Student debt: America’s 1.3 trillion issue

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

Gene Melchionne, Esq.

 

 

 

 

 

 

 

 

 

Maybe you missed National World Back Up Day on March 31st, but don’t despair! Eugene Melchionne’s article, “Technology Inner Sanctum,” provides practical tips and advice on creating a back up process that will give you peace of mind and a way to keep your client’s data secure!

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!

 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

Bankruptcy News Briefs 4/14

First Quarter Bankruptcy Filings Decline

Sovereign Immunity in Tax Refund Turnover Claim

Court Sanctions Debtor’s Lawyer for Failing to Disclose Fees by Requiring him to Disgorge One-Half of Fees

CFPB Ordered by a New York Federal Court to “Show Me the Money”

Consumer claims Retrieval-Masters Creditors Bureau Inc. charged unlawful fee

Top 3 bankruptcy trends from past 2 quarters

Congress needs CBO to crunch the numbers on Dodd-Frank repeal

Banking group urges Senate to make major reforms to Dodd-Frank and consumer agency

A Glimpse Into the Consumer Bankruptcy Journal

Jim Haller, Sulaiman Law Group & NACBA President

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Student loan debt is quickly becoming a national crisis and in many ways chocking our society and the potential for young people to flourish. In a contentious election one thing the candidates agrees on is that student loan debt is a crippling problem in the United States. In today’s glimpse of the CBJ, Jim Haller, President of NACBA addresses this issue in his article, “President Trump is Right, We Need to Remove the Albatross of Student Loan Debt From Our People and Families.”

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!

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!

 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

Bankruptcy News Briefs 4/12

From the Web: Household Debt Balances and Borrower Demographics Shift Since 2008

Debtor Established Valid Defense of Laches Against Creditor’s Motion to Dismiss under § 707(a)f

Credit Card Debt Surpasses $1 Trillion

CFPB Office of Consumer Response Provides Updated Complaint Trends in Annual Report

NEW REPORT SHOWS VICTIMS OF AGGRESSIVE TACTICS FROM MEDICAL DEBT COLLECTORS

CFPB hearing proves consumer finances are at risk again

Consumer Complaints About Medical Debt Collectors, and How the CFPB Can Help

Consumer accuses Healthcare Receivables Group of improper debt collection practices

Betsy DeVos undoes Obama’s student loan protections

Rising Student Loan Debt Seen as Further Hurting Homeownership Rates

Argument preview: Court to consider application of Fair Debt Collection Practices Act to debt buyers

Keep On Truckin’: Priority Rules Still Rule in Structured Dismissals

Bankruptcy judge shortage could ‘cripple’ Delaware

Consumers Slowly Getting Savvier About Finances

Foreclosures, Delinquencies Drop Year-Over-Yeau

Court Finds No Pro-Bank Bias From Judge in Foreclosure Case

A Glimpse Into the Consumer Bankruptcy Journal

Professor Jason Killborn

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Everyone is talking about the newly appointed Supreme Court Justice, Neil Gorsuch, but what does his appointment mean for bankruptcy cases? Read Professor Jason Killborn’s article, “What to Expect From Justice- To-Be Gorsuch on Bankruptcy,” where he discusses three bankruptcy cases and gives insight on what bankruptcy attorneys and their clients may expect from Supreme Court Justice Gorsuch in his tenure.

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!

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!

 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

 

Bankruptcy News Briefs 4/5

Collectors Take Note: FDCPA Litigation Over Letters Continues

Will FCC Loss in Junk Fax Case Have Positive Impact on TCPA Cases?

When a tax refund means bankruptcy

CFPB Director Richard Cordray will Testify Before House Financial Services Committee

The Week Ahead: Hope For Credit Growth

CFPB: Mortgage Complaints Up Slightly From 2015

IRS will use private debt collectors, but warns of potential scams

What JPMorgan CEO Dimon gets wrong about the student debt crisis

Vermont Lawyer Jean Murray Takes on the Debt-Collection Industry

Annual survey finds consumers have more credit card debt, less in retirement savings

Divorce and Credit Card Debt

Caveat creditor: Risks of filing an involuntary bankruptcy

Many Americans use tax refund to pay for bankruptcy filing

5 alarming facts about America’s $1.3 trillion in student loan debt

Student-Debt Overhang Is Pushing Down U.S. Rates, Dudley Says

NACBA25 is Only a Month Away! Are You Registered?

nacba25

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!

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!

 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

 

 

Bankruptcy News Briefs 3/28

Financial Fragility of U.S. Households in Latest Fed Survey Remains Neutral

Court Erroneously Requires that Exemption Attach to Equity

Dems working with GOP on consumer bureau revamp

Trump Administration Continues To Indicate Tide Change Away From Support Of The CFPB

CO lawmakers want to give consumers more protection against “zombie-debt” collectors

State AGs Ask Supreme Court to Spark Major Expansion to Scope of Federal Debt Collection Law

Defaulting on some student loans gets more costly

Bank of America ordered to pay $46 million to Lincoln couple for wrongful foreclosure

Consumer Confidence Doesn’t Reflect Facts

“Singular” Cases on Nondischarge and Dischargeability

Upcoming NACBA Events

nacba25

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!

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!

 NACBA Membership Promotion!

Renew your membership this month 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

NACBA25 Highlight

 

Another Awesome Session at NACBA25!

This panel consisting of Sarah Bolling Mancini, Michelle Kainen with moderator Greta LaMountain Biagi will delve into the most recent case law enforcing and interpreting Rule 3002.1 to deal with mortgage cure issues, including the PHH Mortgage decision (litigated by panelist Michelle Kainen) in which the Bankruptcy Court of Vermont imposed a $375,000 sanction for the creditor’s repeated failure to comply with Rule 3002.1 in three chapter 13 cases. We will also discuss recent cases in which chapter 13 trustees have sought denial of the discharge based on post-petition mortgage payment defaults identified through Rule 3002.1 notices. The panel will also highlight recent (and proposed) changes to the rule.
Presenters
avatar for Michelle Kainen
Michelle Kainen was admitted to practice in Vermont in 2003 and in New Hampshire in 2008. Michelle has been a solo practitioner since 2007. She practices in the areas of tax, criminal defense and bankruptcy law (debtor representation). Michelle received her B.A. in Psychology from San Diego State University. Michelle received her Masters Degrees in Social Work and Accounting also from San Diego State University. She completed Vermont’s Four-Year Law Office Study Program in lieu of a traditional law school program. From 2008 – 2012 Michelle served as the chairperson of the Bankruptcy Section of the Vermont Bar Association. She is the NACBA State Chairperson for Vermont. Michelle also teaches Accounting and Psychology courses at the Community College of Vermont. Michelle has a number of published decisions on pivotal issues impacting the rights of debtors in bankruptcy.
avatar for Sarah Mancini
Sarah Bolling Mancini is Of Counsel for NCLC half-time, focusing on foreclosures and mortgage lending, and works half-time as an attorney in the Home Defense Program of Atlanta Legal Aid. She has experience representing homeowners in bankruptcy cases and litigating in state, federal district, and bankruptcy courts. She also clerked for the Honorable Amy Totenberg, U.S. District Court for the Northern District of Georgia. Sarah is a member of the Georgia Bar. She received her B.A. in public policy from Princeton University and her J.D. from Harvard Law School.