Mortgage loans

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 12/13

Take A Moment to Dive Into Wednesday’s Headlines…

House Passes Bipartisan Legislation to Prevent Future Operation Choke Point Initiatives

New Judge Takes Bold Action in Department of ED Collection Case

A Sudden Christmas Present for Defaulted Student Loan Borrowers?

Court Maintains Perfect Record of Never Discharging Student Loans by Applying Undue Hardship Test Tougher than the Brunner test

S&P: Impact of CFPB shakeup, deregulation will be limited for mortgage servicers

AVMA backs bills on student loans, debt

U.S. Has Stopped Canceling Debt for Defrauded Students, Inspector General Finds

STUDY: HALF OF U.S. HOUSEHOLDS NOW CARRY CREDIT CARD DEBT

U.S. Student Loan Crisis: The Bleak Rise of Debt

Cuomo announces new regulations to tighten consumer protection after Equifax data breach

Consumers who froze credit reports could hit hurdles with Obamacare

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!

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!

Bankruptcy News Briefs 12/8

Headlines Kicking Off The Weekend…

District Court Doubles Down on Romero and Again Dismisses TCPA Claim for Lack of Article III Standing

Discharged Debtor’s Claims of Invasion of Privacy/Violation of FCRA Survived Banks’ Motion to Dismiss Where he Alleged Banks had No Legitimate Reason to Pull his Credit Reports

FTC Bans Three Scammers From Posing as Debt Collectors

Credit Card Balances Cause Increase in Overall U.S. Consumer Credit

From the Web: Senate Banking Committee Advances Regulatory Relief Bill

Consumer Reports CEO: We all have a stake in the future of the CFPB

Commentary: How the CFPB Fight Is a Sign of the Next Financial Crisis

9th Cir. Holds FDCPA Preempts State Judgment Execution Laws

Two student loan studies everyone missed

Consumer accuses debt collector of violating FDCPA

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!

Bankruptcy News Briefs 12/4

New Headlines for a New Week…

House Education Bill Ends Key Student Protections that Will Lead to a Lifetime of Debt

Nomination for Permanent CFPB Director Could Come in Early 2018

89 Call Recordings Not Enough to Convince Court that Plaintiff Did Not Revoke Consent

Debtor Could Reopen Chapter 13 to Avoid Judgment Lien which Creditor Attempted to Renew in State Court, but Could Not Recover Sanctions

Congress Moves to Protect Predatory Payday Lenders’ Unaffordable 300% Loans

Court Would Not use §105 to Dismiss Chapter 7 after it Found that Dismissal Wasn’t Warranted under §707

Bankruptcy Court Could Not Use 11 USC §105 to Extend or Impose the Automatic Stay

Disputed CFPB acting director plans to seek preliminary injunction: filing

Federal Court Holds 30-Day Validation Notice Language Violates FDCPA

Creditors Beware: Inbound Bankruptcy Rule Changes Require Heightened Awareness

New York Federal Court Demands that FDCPA Plaintiffs Read Entire Debt Collection Letter to Determine Creditor’s Identity

How Not to Erase Student Debt

Brimfield man sentenced for concealing assets during bankruptcy filing

CMS Waives Medicaid Retroactive Eligibility For Iowa: Is Your State Next?

3 Days Until the 2017 Virtual Bankruptcy Workshop! Are You Registered?

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

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! 

Why Attend #NACBADEN?

  • Education: Attendees typically earn 22 of the best CLEs designed for debtor’s attorneys. NACBA’s planning committee is busy putting together a line up that will offer something for everyone, from the beginner to the seasoned practitioner.
  • Networking: Don’t miss the opportunity to share war stories with your colleagues from around the country.
  • Exhibits: More than 50 vendors, representing a wide range of products and services, launch new products, provide demonstrations, and meet with attendees to discuss purchases or problems.
  • Wellness: Attend daily AM Yoga sessions on each day of the convention, included with your convention registration. Participation will be limited and available on first, come, first serve until capacity is reached.
  • Fun: Attendees can meet and mingle at NACBA’s Friday night reception.  When you are not in session, be sure to check to see if the Rockies are in town, or if your favorite band is playing at the iconic concert venue, Red Rocks.

Register by February 23rd for the Early Bird Rate to get great savings!

Bankrutpcy News Briefs 11/28

Check Out the News Making Headlines…

Legal Challenge Emerges After Two Interim Leaders Assume Top Role at CFPB

New Judge in Dept of ED Case Makes First Move

After political drama at consumer agency, what happens to its open investigations?

Debtor who Made Mistakes based upon his Attorney’s Failure to Properly Advise him in Preparing Schedules Prevailed in Denial of Discharge Complaint Action

Study finds CFPB would be de-clawed if House bill becomes law

Americans Have $1.4 Trillion in Student Loan Debt—But Who Gets All That Money?

What The Upheaval At A Federal Consumer Watchdog Could Mean For Students

First-Ever National Chapter 13 Plan and Amendments to Bankruptcy Rules

Equifax Proves That Death And Taxes Aren’t The Only Inevitable Things In Life

Americans are having trouble paying off their credit cards — and it could spell trouble for the economy

Register Today for the 2017 Virtual Bankruptcy Workshop!

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

What’s New at NACBA?

It’s The End of the 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! 

Why Attend #NACBADEN?

  • Education: Attendees typically earn 22 of the best CLEs designed for debtor’s attorneys. NACBA’s planning committee is busy putting together a line up that will offer something for everyone, from the beginner to the seasoned practitioner.
  • Networking: Don’t miss the opportunity to share war stories with your colleagues from around the country.
  • Exhibits: More than 50 vendors, representing a wide range of products and services, launch new products, provide demonstrations, and meet with attendees to discuss purchases or problems.
  • Wellness: Attend daily AM Yoga sessions on each day of the convention, included with your convention registration. Participation will be limited and available on first, come, first serve until capacity is reached.
  • Fun: Attendees can meet and mingle at NACBA’s Friday night reception.  When you are not in session, be sure to check to see if the Rockies are in town, or if your favorite band is playing at the iconic concert venue, Red Rocks.

Register by February 23rd for the Early Bird Rate to get great savings!

Bankruptcy News Briefs 11/20

New Week, New Headlines…

Court Rejects Terms Slipped into Reaffirmation Agreement

Debtor Could Avoid Payment on Debt for Overpayment of Public Benefits Since it was Not in the Nature of Support for her Children

The CFPB is about ‘protections,’ not just ‘regulations’

CFPB submits request to conduct online debt collection survey to OMB

FCC Issues New Proposed Robocall Blocking Rules; Collectors Have a Unique Challenge

NAFCU to CFPB: It’s time to roll back regulations with Cordray’s departure

Student Loan Debt

Registration is Open for the 2017 Virtual Bankruptcy Workshop!

Examine the New and Amended Bankruptcy Rules, National Uniform Plan and Local Plans

December 7-8, 2017
12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
NACBA Member Fee: $199
Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

Register HERE

  • You must be logged in to receive the member rate. See help video.

Registration is Open for the 2018 NACBA Annual Convention! 

Join us in Denver, Colorado at the Sheraton in Downtown Denver a beautiful and convenient location that is the perfect backdrop for this much-anticipated event. We couldn’t be more excited for you to experience our stellar and informative sessions, listen to our expert keynote speakers that include, Dr. Wendy Osefo,  Susan Carnicero, Rashmi Airan, and Amy Vetter, attend 1 of 3 Pre-Convention Sessions, along with the opportunity to network with your peers and colleagues, visit the expansive exhibit,  earn CLE, plus so much more!

We can’t wait to see you! Don’t delay Register by February 23rd, 2018 to receive the Early Bird Rate! 

Visit https://www.nacba.org/nacbaden/ your go-to spot for everything #NACBADEN!

Save the Date

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018!