NACBA25

Bankruptcy News Briefs 6/29

In Thursday’s News…

Are Significant Changes To Class Actions On The Horizon? (Part Two)

Court Says Calls to VoIP Number Did Not Violate TCPA

Older Residents in These States Complained the Most to the CFPB

Treasury plan could change U.S. consumer financial oversight, despite obstacles

FTC Brings Suit Against Debt Collector for “Phantom Debts”

Equitable Estoppel vs. Right to Amend Schedules

Debt-collection exec sentenced to more than 4 years in prison

Economic Data: Recent Interest Rate Hike Ups Concern for Consumers

Your credit score could jump in July, but it’s no cure-all

Register for July’s Webinar!

Is there Life After HAMP? Now what?
The End of HAMP: Understanding Proprietary Modifications
Date: Thursday, July 20, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: O. Max Gardner III, Roberto (Bobby) Rivera
Cost: $25 NACBA Member / $75 Non Member
Register HERE

Renew Your Membership  For a Chance to Win This Great Resource!

Only two more days to renew your membership in June to 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.

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 theRequirements and start referring today!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

Bankruptcy News Briefs 6/28

Midweek Headlines…

Secretary of Education Announces Intent to Appoint New COO of Federal Student Aid

Petition to Exempt Ringless Voicemails From Anti-Robocall Rules Has Been Withdrawn

CFPB Takes Action Against Unscrupulous Credit Repair Firms

FDCPA Case Law Review for April and May 2017

11th Circuit: Abuse Test under §707(b) Applies where Debtor Initially filed under Chapter 13 but later Converted to Chapter 7

TCPA Case Law Review for May and June 2017

CFPB: Here’s a state-by-state breakdown of consumer complaints
New Reforms Will Improve Credit Reporting Accuracy for Millions of Consumers

The Supreme Court Clarifies Definition of “Debt Collector” Under FDCPA

Undoing the CFPB’s Damage: The Trump Administration’s Options Are Limited

CFPB Snapshot: California Leads Nation in Complaints to Agency

Debtor Could Not Cram Down Auto Lender’s Claim by the Amount Equal to the Negative Equity, GAP Insurance and Service Contract that she Financed

Court Awards Attorney’s Fees and Damages under §105 as Necessary to Carry Out and Give Meaning to §1301’s Co-Debtor Stay

Since Creditor was Bound by Terms of Confirmed Chapter 13 Plan, Court Denied its Post-Confirmation Motion for Administrative Expense Claim

Register for July’s Webinar!

Is there Life After HAMP? Now what?
The End of HAMP: Understanding Proprietary Modifications
Date: Thursday, July 20, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: O. Max Gardner III, Roberto (Bobby) Rivera
Cost: $25 NACBA Member / $75 Non Member
Register HERE

Renew Your Membership  For a Chance to Win This Great Resource!

Only a few more days to renew your membership in June to 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.

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 theRequirements and start referring today!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

 

Bankruptcy News Briefs 6/27

News Making Headlines…

Department of Education Files Appeal of Preliminary Injunction; Briefing Deadlines Set

The Department of ED Contract: A Candid Discussion between Industry Experts Mike Ginsberg and Randy Kamm

23 Financial Industry Groups Urge Adoption of Bipartisan Commission to Run CFPB

CFPB Wants to Fix Public Service Loan Forgiveness Program

Blog: Banking lobby pushes for CFPB commission

IRS Private Debt Collectors Accused Of Pressuring Taxpayers, Breaking The Law

Debt collector accused of ‘re-dos’ to collect multiple times

IRS warns of increasing summertime tax scams

WELCH INTRODUCES LEGISLATION TO AID STUDENT LOAN DEBT MANAGEMENT

Attorney for Debtor’s Ex-Wife, Who had Knowledge of Bankruptcy, Violated the Automatic Stay by Bringing Contempt Action in Divorce Case

Dear Bankruptcy Asset Purchaser, Got Good Faith?

Consumer Reports: Personal bankruptcies decline under ACA

How health care costs are linked to foreclosures

Tax Cuts In Republican Senate Health Bill Undercut Its Best Justification

Register for July’s Webinar!

Is there Life After HAMP? Now what?
The End of HAMP: Understanding Proprietary Modifications
Date: Thursday, July 20, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: O. Max Gardner III, Roberto (Bobby) Rivera
Cost: $25 NACBA Member / $75 Non Member
Register HERE

Renew Your Membership  For a Chance to Win This Great Resource!

Only a few more days to renew your membership in June to 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.

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 theRequirements and start referring today!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

Bankruptcy News Briefs 6/23

So Many Headlines Leading Into the Weekend…

CFPB Announces Updated Manual for Student Loan Supervision and Releases Report on Public Service Loan Forgiveness Program Complaints

FCC Chairman Announces Candidate for Enforcement Bureau

Nevada Consumers Mislabeled as Terrorists Join in $60 Million Class Action Verdict Against TransUnion

Breaking: 2nd Circuit Says TCPA Consent Not Revocable if Part of Contract

Team Studies Impact of Medical Debt Forgiveness

Minnesota Court Rules Attorney Serving Notice of Lien Not Immune from FDCPA Requirements

Why we can’t lose the Consumer Financial Protection Bureau: Mike Feuer

South Carolina Consumers Mislabeled as Terrorists Join in $60 Million Class Action Verdict Against TransUnion

Problems plague student loan forgiveness program

Norfolk debt-collection firm settles with IRS

Debt collection suit decision reversed by state Supreme Court

Student Loan Complaints Skyrocket 325%

Debt Owed Pursuant to Divorce Settlement Agreement was Dischargeable in Chapter 13 since it was Not “In the Nature of Support”

Renew Your Membership  For a Chance to Win This Great Resource!

Renew your membership in June to 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.

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!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

 

Bankruptcy News Briefs 6/22

News in the Headlines…

Fed Reports Delinquency Transition Rates are Low—Except for Student Loans

Class Actions Matter: Consumers Mislabeled as Terrorists Win Record $60 Million against TransUnion for Violating Key Consumer Protection Law

Congress Must Defend Service Members from Predatory Financial Scams

CFPB Highlights Complaints About The Public Service Loan Forgiveness Program

STATEMENT COMMENDING NEW MILITARY CONSUMER ENFORCEMENT ACT

Court Denies Creditor’s Motion to Dismiss Chapter 11 Case Despite Multiple Factors in Favor of Dismissal

Abolishing Medical Bills Attracts BIG Activists – Nurses, Academics and…Bill Collectors?

What Deleveraging?

Debt Collection Complaints Continue Monthly Decline; Consumer Litigation Filings Bounce Back

Conversion from Chapter 13 to 7 Occurs Automatically Upon Filing a Notice or Motion, by Operation of Law

Don’t Miss Today’s Webinar!

Don’t miss NACBA’s comprehensive webinar, “2017 Case Law Updates & Impact on Consumer Bankruptcy Attorneys,” Thursday, June 22nd from 3pm-4pm ET with Henry Sommer and Angela Littiwn. This webinar will discuss recent trends in bankruptcy case law, with analysis of cases decided by the Courts of Appeals and other appellate courts. Take a look at the cases they will be discussing and make sure you Register Today!

Cost is $25 for NACBA Members/$75 For NonMembers

Renew Your Membership  For a Chance to Win This Great Resource!

Renew your membership in June to 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.

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!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

Bankruptcy News Briefs 6 /16

Headlines Leading Into the Weekend…

U.S. financial bureau weighs further changes to prepaid card rule

CFPB Director Informs Consumer Advisory Board That Bureau Will Not Shy Away from Issuing Debt Collection Proposed Rule

Bankr WD Mo. Rejects 11th Circuit’s Meaning of “Surrender” in §521(a)(2) in Denying Wells Fargo’s Motion to Compel Debtor to Surrender Home

Feds Point Fingers as ‘Debt Relief’ Companies Prey on Student Loan Borrowers

Defaulted Debt Buyer Does Not Collect Debts “Due Another” Under FDCPA, SCOTUS Rules

Why Betsy DeVos Will Rewrite These Student Loan Forgiveness Rules

Reforms Ignore Need To Overhaul VA Debt Collection

U.S. Halts New Rules Aimed at Abuses by For-Profit Colleges

CFPB Director Cordray responds to claims he slowed Wells Fargo investigation

Upcoming NACBA Webinar!

Don’t miss NACBA’s comprehensive webinar, “2017 Case Law Updates & Impact on Consumer Bankruptcy Attorneys,” Thursday, June 22nd from 3pm-4pm ET with Henry Sommer and Angela Littiwn. This webinar will discuss recent trends in bankruptcy case law, with analysis of cases decided by the Courts of Appeals and other appellate courts. Take a look at the cases they will be discussing and make sure you Register Today!

Cost is $25 for NACBA Members/$75 For NonMembers

Renew Your Membership  For a Chance to Win This Great Resource!

Renew your membership in June to 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.

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!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

Bankruptcy News Briefs 6/14

Midweek Happenings…

Consumer Borrowing Shows Marginal Increase in April

Federal Reserve Survey: Consumers’ Overall Financial Well-Being Improves

SCOTUS Issues Landmark Precedent for FDCPA in Case Supported by ACA’s Industry Advancement Program

Treasury Department Issues Long Awaited Report on Regulatory Reform for the Financial Services Industry

WV Supreme Court Rules in Favor of Debt Collector on Call Volume

Grace Period to Cure Arrearage Beyond Five-Year Plan Period

NCLC Leads Consumer Groups in Urging FCC to Initiate Enforcement Action Against Navient for Violations of the TCPA

Chapter 7 Debtors had to Turnover Pre-petition Payments made for Daughter’s Ballet Courses, as well as Paid Time Off

Treasury: Gut CFPB, overhaul residential mortgage lending regulation

U.S. Supreme Court Excludes Banks Collecting Purchased Delinquent Debt from Definition of “Debt Collector” under the FDCPA

Feds revising rule covering third-party debt collectors

It’s time to get realistic about the debt ceiling

Upcoming NACBA Webinar!

Don’t miss NACBA’s comprehensive webinar, “2017 Case Law Updates & Impact on Consumer Bankruptcy Attorneys,” Thursday, June 22nd from 3pm-4pm ET with Henry Sommer and Angela Littiwn. This webinar will discuss recent trends in bankruptcy case law, with analysis of cases decided by the Courts of Appeals and other appellate courts. Take a look at the cases they will be discussing and make sure you Register Today!

Cost is $25 for NACBA Members/$75 For NonMembers

Renew Your Membership  For a Chance to Win This Great Resource!

Renew your membership in June to 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.

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!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

Bankruptcy News Briefs 6/13

Take a Moment To Dive Into These Headlines…

CFPB Seeks OMB Approval to Conduct a Consumer Survey to Test Debt Collection Disclosures

Industry Association Urges Caution When Interpreting Santander Decision

Judge McEwen Sanctions Green Tree under FRBP 9011 for Not Verifying Values of Collateral in Reaffirmation Agreements; Orders Servicer to Modify Training Manual

U.S. Supreme Court Holds Debt Purchaser Collecting Its Own Debt Is Not Subject to FDCPA

Federal Court Dismisses Class Action Alleging Solicitation for Payments on Time-Barred Debt is “Misleading” Under FDCPA

Ocwen to Resume Constitutional Attack on CFPB

Administration looks to curb CFPB powers, change bank rules

Removing the Tax Consequences of Student Loan Discharge

Women hold most of the US’s student loan debt

Debt collector call volume doesn’t constitute harassment, court rules

West Virginia Top Court Says Debt Collector Calls OK

IRS use of collection agencies for debts could unleash scam attempts

Rhode Island Federal Court Refuses to Dismiss FDCPA Case against Law Firm Pursuing Mortgage Foreclosure

Ohio Law Firm Believes Mounting Credit Card Debt in U.S. Will Increase Bankruptcies

Upcoming NACBA Webinar!

Don’t miss NACBA’s comprehensive webinar, “2017 Case Law Updates & Impact on Consumer Bankruptcy Attorneys,” Thursday, June 22nd from 3pm-4pm ET with Henry Sommer and Angela Littiwn. This webinar will discuss recent trends in bankruptcy case law, with analysis of cases decided by the Courts of Appeals and other appellate courts. Take a look at the cases they will be discussing and make sure you Register Today!

Cost is $25 for NACBA Members/$75 For NonMembers

Renew Your Membership  For a Chance to Win This Great Resource!

Renew your membership in June to 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.

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!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

 

 

Bankruptcy News Briefs 6/12

Kick Off Your Monday With These Headlines…

Loan Paid Directly from Dept. of Educ. to Penn State Not a Fraudulent Transfer

Suggestive Medical Collection Letters under Fire in Texas FDCPA Class Action

Even if Debtor did Not Review Tax Returns that her Ex-Husband Filed, She Willfully Violated her Duty Under 11 USC 523 and Could Not Discharge Taxes

Judge Orders Bankruptcy Court to Consider Evidence of Trustee and Special Counsel Activity when Considering Request for Sanctions

Why the CFPB’s Decision to Change Course on Debt Collection Rulemaking is a Very Big Deal

For CFPB, About Face On Debt Collection?

Gorsuch issues first ruling in case defining ‘debt collector

U.S. top court won’t expand debt-collection abuse law in Santander case

Supreme Court: Protections Against Debt Collectors Don’t Apply To Banks That Purchase Defaulted Loans

The IRS did Not Violate the Discharge Injunction by Collecting a Tax Debt that was Not Discharged

3rd Circuit: Bankruptcy Code Does Not Prohibit a Bankruptcy Court from issuing a Filing Injunction Against a Debtor who Requests Voluntary Dismissal under 11 U.S.C. § 1307(b)

New NACBA Webinar!

Don’t miss NACBA’s comprehensive webinar, “2017 Case Law Update& Impact on Consumer Bankruptcy Attorneys,” Thursday, June 22nd from 3pm-4pm ET with Henry Sommer and Angela Littiwn. This webinar will discuss recent trends in bankruptcy case law, with analysis of cases decided by the Courts of Appeals and other appellate courts. Take a look at the cases they will be discussing and make sure you Register Today!

Cost is $25 for NACBA Members/$75 For NonMembers

Renew Your Membership  For a Chance to Win This Great Resource!

Renew your membership in June to 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.

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!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!

Bankruptcy News Briefs 6/9

Headlines Leading Into the Weekend…

CFPB To Intertwine “Right Consumer, Right Amount” Creditor and Debt Collector Rules

House Votes to Adopt CHOICE Act, Which Would Effectively Gut the CFPB

Congress Makes the Wrong Choice with Financial Reform Rollback Legislation

DEBT COLLECTION ABUSES LEADING SOURCE OF SERVICE MEMBER AND VETERAN COMPLAINTS TO CFPB

With consumer debt at record high, low-income borrowers falling behind

Bill to Erase Some Dodd-Frank Banking Rules Passes in House

What is in A Name Redux – Recent Case Law Interpreting the Requirement for Correctly Stating the Name of an Individual Debtor under Revised UCC Section 9503

Defaulting on student loans may lead to the loss of your home

House passes Choice Act that would gut Dodd-Frank banking reforms

Renew Your Membership  For a Chance to Win This Great Resource!

Renew your membership in June to 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.

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!

PlayBack NACBA

Can you believe it’s been a month since the 2017 Convention? Was there a session you wanted to attend, but couldn’t? We understand! There were so many incredible sessions available and you can only be in one place at one time, but don’t fret! There is a way that you can relieve NACBA25 visit Playback NACBA and access your  3 Month Pass if you were an attendee!

Not A Member of  NACBA? Join today and receive membership benefits that will enhance your professional endeavors!