Mortgage loans

Bankruptcy News Briefs 9/6

Midweek Headlines from NACBA…

Contingent Interest in Realty Commissions Is Property of Estate

Statement re: DeVos Decision to Stop Working with CFPB to Protect Student Loan Borrowers

Department of ED to CFPB: Thanks, We’ll Handle Oversight of Student Loan Servicers by Ourselves

Chapter 7 Debtor Could Not Deduct $1,540 in Monthly Expenses he Paid for Adult Daughter’s Family as “Special Circumstances” on Means Test

FTC Enters Consent Order with Final Defendant in Alleged 2015 Debt Collection Scheme

Does a removed trustee have a duty to see to it that the fiduciary reins are assumed by a qualified successor?

New credit accounts growing faster than consumers’ incomes

Why filing bankruptcy may not necessarily stop a home foreclosure

Unpaid Medical Bills Rise As Congress Weighs Obamacare Fix

2017 Hill Day Registration is Open!

Don’t miss NACBA’s 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

Please sign into your NACBA Member Account to Register now for Hill Day at Home!

DEADLINE TO REGISTER IS FRIDAY, SEPTEMBER 22, 2017

Upcoming Webinar!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BY: Edward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non Member
REGISTER: HERE

NACBA Events

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

 

Bankruptcy News Briefs 8/31

Take A Moment to Read the Headlines…

Study: Millennials’ Credit Card Use is On the Decline

Wells Fargo: There were nearly 70 percent more potentially fake accounts opened than originally thought

TCPA Case Law Review for July and August 2017

New Collection Letter Lawsuits in California and New York: What Your Agency Needs to Know Now

Debtor Could Not Counter Motion to Lift Automatic Stay with Proposal to Pay Post-Petition Arrears on New Payment Schedule, as that would be an Alteration of Payment Terms in Violation of the Anti-Modification Clause in §1322(b)(2)

Debt Collector Fined $25 Million

Butte County couple accuse debt collector of FDCPA violations

Debt settlement a bad alternative to bankruptcy

Debtor Who is Neither a U.S. Citizen nor a Permanent Resident May Claim Florida’s Homestead Exemption

Recent Massachusetts AG consent order places new requirements on debt collection law firm

San Diego firm supposedly defamed and abused process with Philly plaintiff

Upcoming Webinar!

DATE: Thursday, September 21, 2017 @ 3:00 PM Eastern to 4:15 PM Eastern
PRESENTED BY: Edward C. Boltz, Law Offices of John T. Orcutt, PC; Durham, N.C. and Jody Bledsoe, Chapter 13 Trustee; New Bern, NC
COST: $25 Member / $75 Non Member
REGISTER: HERE

NACBA Events

  • NACBA’s 2017 Hill Day at Home October 16- October 20, 2017.
  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 8/22

We Find Headlines for You…

Fed Reports Record High for Consumers’ Household Income Growth Expectations

District Court Holds 1099-C Language Not in Violation of FDCPA or ICAA

When the Stay Terminates, it Ceases to Protect the Repeat-filing Debtor and all of that Debtor’s Property, including Property of the Estate

Spokeo Update: Ninth Circuit Holds that Plaintiff Adequately Alleged Article III Standing

CFPB Unveils New Form For Requesting Guidance

Feds Investigating Wells Fargo Sudden Account Closures

Lawyers Must Face Debt Collection Lawsuit, Appeals Court Says

What Prepaid Card Rules Did On Their Summer Vacation

ED NY Holds ‘Door Knocker’ Notice Did Not Violate FDCPA, But ‘Hello Letter’ May Have

Settlement wipes away student loan debt for 41,000

Bank of America to Pay $6 Million to Bankrupt Couple Evicted From Home

Ferguson VS Navient

Read the Transcript for Ferguson vs Navient. This is a new area of law dealing with those types of student loans that are not automatically excepted from discharge. It shows that debtors who went through bankruptcy years ago with dischargeable student loans and have been hounded into repaying these discharged loans have a remedy for relief and punitive sanctions.  Submitted by Austin Smith.

Register for This Month’s NACBA Webinar!

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
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.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

The weekend is a perfect time to read the comprehensive compilation of, “Cases in Review,” brought to you by the National Consumer Bankruptcy Rights Center and Consumer Bankruptcy Abstract and Research in today’s Consumer Bankruptcy Journal highlight.

Exciting Upcoming Events!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 8/21

Headlines Kicking Off a New Week…

Court Rejects “Certainty of Hopelessness” and Limits Repayment Period

U.S. Department of Justice Responds to Lawmakers’ Call to End Operation Choke Point

CFPB report details who gets hit by overdraft fees

Forecast: Abundance of Potential New Rulemaking From the CFPB

Consumer Debt Reaches New Peak: Will Losses Follow?

Proposed Bankruptcy Rule Changes Ready for Public Comment

US DEPARTMENT OF EDUCATION STRIPS PROTECTION FOR STUDENTS AT FOR-PROFIT COLLEGES

This Week In Credit Card News: Card Debt Is Rising; Buffet Investing More In Credit Card Industry

How the CFPB’s arbitration rule hurts consumers and helps lawyers

Student Debt Up, Homeownership Down

Ferguson VS Navient

Read the Transcript for Ferguson vs Navient. This is a new area of law dealing with those types of student loans that are not automatically excepted from discharge. It shows that debtors who went through bankruptcy years ago with dischargeable student loans and have been hounded into repaying these discharged loans have a remedy for relief and punitive sanctions.  Submitted by Austin Smith.

Register for This Month’s NACBA Webinar!

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
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.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

The weekend is a perfect time to read the comprehensive compilation of, “Cases in Review,” brought to you by the National Consumer Bankruptcy Rights Center and Consumer Bankruptcy Abstract and Research in today’s Consumer Bankruptcy Journal highlight.

Exciting Upcoming Events!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

 

Bankruptcy News Briefs 8/18

Headlines Leading Into the Weekend…

Report: Loan Originations Decline Across Credit Products

Corinthian Colleges Students Set to Get $183 Million Break on Bad Loans

Court Must Consider Totality of the Circumstances when Determining if Debtor Intended to Evade or Defeat Taxes

U.S. Supreme Court Dismisses Writ in Recharacterization of Debt Proceeding

What to Expect If the GOP Takes Control of the CFPB

The Imaginary Debt Crisis Is Here to Stay

Five state regulators enter into settlement agreement with debt collectors for alleged federal and state law violations

Democratic Staff From The House Financial Services Committee Defend The CFPB

From the Top In Brief – July/August 2017

BAR ASSOCIATION TASK FORCE TO RETHINK LEGAL EDUCATION

The Latest Predatory Banking Practice You Haven’t Heard About: Auto Loans

Student loan debt crushing older Americans too

Register for This Month’s NACBA Webinar!

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
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.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

The weekend is a perfect time to read the comprehensive compilation of, “Cases in Review,” brought to you by the National Consumer Bankruptcy Rights Center and Consumer Bankruptcy Abstract and Research in today’s Consumer Bankruptcy Journal highlight.

Exciting Upcoming Events!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

 

Bankruptcy News Briefs 8/17

Headlines Making News…

Consumer Spending Levels Out in June

Section 553 of the Bankruptcy Code Preserves Rather Than Creates Setoff Rights

Total Household Debt Reaches a Record High

Senator Calls on Bank CEOs to Go on Record

Scam Claiming that Consumers Can Access Unpaid Social Security to Pay Debts Could Prove Costly

Abandonment of Acceleration

Bank’s Claim Allowed to Extent of State Court Foreclosure Judgment as Well as Post-Judgment Charges Reassessable Under State Law

Average student debt doubles in a decade

NAFCU asks Consumer Financial Protection Bureau to rescind prepaid account rule

Couple alleges debt collector violated phone privacy laws

Register for This Month’s NACBA Webinar!

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
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.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

If you are interested in digital advertising for your firm, you’ll want to read Robert Hoglund’s article, “Digital Advertising Part II, Nine Things Your Salesperson May Not Want You To Know,” in today’s Consumer Bankruptcy Journal Highlight to avoid the common pitfalls so that you can take advantage of the benefits of digital advertising.

Exciting Upcoming Events!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 8/15

In Tuesday’s Headlines…

Suit against federal student loan servicer can proceed

Chapter 13 Debtor, Who Could Not Get Automatic Stay, Had Standing to Enforce Co-Debtor Stay, and the Post-petition Sale of Her Home was Void

Amazon Prime, eBay Passwords Sought from Bankruptcy Debtors

Sen. Warren questions bank CEOs on CFPB’s plan to eliminate arbitration clause

No interest? No Disclosure? No Problem!

Debt Collector Prevails by Using Safe Harbor Language on Letters in Current Balance Case

Court Rules That Purchaser of Defaulted Debt Is Not “Debt Collector” Under FDCPA

NACBA Webinars!

 

 

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
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.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

 

 

 

 

 

 

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 the requirements and start referring today!

Exciting Upcoming Events!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

 

Bankruptcy News Briefs 8/14

Kicking Off the Week With New Headlines…

Lawmakers Demand Plan for Action to End Operation Choke Point

Number of workers raiding retirement funds rises

Appeals Court Creates TCPA Compliance Rule: Honor the “Call Me Sometimes” Request

Wells Fargo Scandal Helps Consumer Advocates in CFPB Rule Fight

City Could Not Avoid Liability for Stay Violation by Invoking Sovereign Immunity Defense Based on State Law

Minnesota, Other States Reach Settlement Over Improper Debt Collection Practices

Debtor Stated Plausible Claims for Stay and Discharge Violations, Beating Servicers’ Motion to Dismiss, Where Servicers’ Notices Claimed “Action Required” and that “Delinquency” Existed

Court Awarded No Damages to Debtor for Willful Stay Violation Since Debtor Failed to Mitigate Damages

How More Americans Are Getting a Perfect Credit Score

You Owe IRS Taxes: What Do You Do? (Part 1)

Unfiled Tax Returns: What Do You Do? (Part 2)

Consumer debt is at a record high. Haven’t we learned?

NACBA Webinars!

 

 

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
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.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

 

 

 

 

 

 

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 the requirements and start referring today!

Exciting Upcoming Events!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

 

Bankruptcy News Briefs 8/11

Friday’s Headlines…

US Sen. Elizabeth Warren asks CEOs to weigh in on CFPB’s forced arbitration rule

Debt collection giant reaches settlement with Idaho and other states over its practices

Debtor Who Acquired Ownership Interest in Home within 1,215 Days of Petition Date is Subject to Homestead Exemption Cap under §522(p)

Growing student debt a danger to Georgia economy

In Debt, We Trust for U.S. Consumers With $12.7 Trillion Burden

Upcoming Amendments to Bankruptcy Rule 3002 to Impact Bankruptcy Filing Practices for Mortgagees

Don’t Pick Up the Phone: Third Circuit Allows TCPA Standing from One Call

Costs trigger 8% drop in July bankruptcy filings

Consumer May Have Partially Revoked Consent to Receive Robocalls

Section 553 Of The Bankruptcy Code Preserves Rather Than Creates Setoff Rights

NACBA Webinars!

 

 

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
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.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

 

 

 

 

 

 

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 the requirements and start referring today!

Exciting Upcoming Events!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 8/10

Check out Today’s Headlines in the Briefs…

Texas Tax Purchaser’s Rights Cannot Be Modified

Bankruptcy Court Reopens 1995 Case in order to Decide Pre-1998 Student Loan Discharge Case Under 7-Year Repayment Rule

Rejecting the “Everyone Does It” Defense, U.S. Circuit Court Affirms Disbarrment of Bankruptcy Attorney who Submitted False Debtor Signatures and Omitted Assets from Schedules

Fresno consumer alleges debt collector violated FDCPA

Debt collector accuses of violation phone privacy statute

U.S. to Help Remove Debt Burden for Students Defrauded by For-Profit Chain

Real Property & Title Insurance Update: Week Ending July 28 & August 4, 2017

America’s credit card holders are $1 trillion in debt

NACBA Webinar Lineup!

 

 

Check out these upcoming webinars for August and Register Today!

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

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
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.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

 

 

 

 

 

 

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 the requirements and start referring today!

Exciting Upcoming Events!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!