National Consumer Bankruptcy Rights Center

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 6/26

Let’s Kick the Week off With Some New Headlines…

Survey: Consumers’ Savings Levels Improve

IRS Private Tax Collectors Are Accused Of Illegal Tactics

Debt Collector Accused Of Taking Money From People Who Didn’t Owe Anything

CHOICE Act dilutes safeguards

HOUSING GROUPS WANT CHANGE TO CFPB STRUCTURE

Illinois debt is about to be rated ‘junk.’ What that means

Jim Flynn: As student debt rises, fake relief firms prey

CHOICE Act: Reform or Recalibration?

Relatively Young, Healthy Recently-separated Single Parent with Part-Time Job Passed Brunner Test to Discharge Student Loans

Debtor’s Taking of a Car from Employer Without Permission and then Crashing it was Not a Willful and Malicious Injury under §523(a)(6)

Debt for Helicopter Medical Transport was Dischargeable Even Though Debtor Spent Insurance Benefits on Himself

Debtor’s Anticipated Bonus from Employer that had Discretion on Whether to Award it was Not Property of the Bankruptcy Estate

Redgister 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!

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 6/21

Midweek Headlines…

Secretary of Education Betsy DeVos Announces Intent to Appoint Dr. A. Wayne Johnson as Chief Operating Officer of Federal Student Aid

Maine Adopts New Law for Debt Buyers

Judge raps Consumer Financial Protection Bureau over $15M tug-of war

Subprime lender Provident Financial hit by shortage of debt collectors

Debt Collector Defined: Supreme Court Exempts Debt Purchasers

Obamacare credited with reducing bankruptcy rates

Subject Matter Jurisdiction and Abstention in Legal Malpractice actions brought by a Bankruptcy Debtor – Part 2

Refinancing Isn’t The Solution To Student Loan Woes

District Court Upholds Bankruptcy Court Determination that Lien Based on Unemployment Over-payment is a Judicial Lien, which Can be Avoided under § 522(f)

Student loan servicing giant takes on state regulatory moves

Register for Tomorrow’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 6/12

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!

 

Bankruptcy News Briefs 6/6

What’s News Is Making Headlines Today? Take a Look…

Right to Dismiss Prevails Over Motion to Convert

Collection Letter That Failed to State Interest or Fees No Longer Accruing Does Not Violate FDCPA

Bank Violated the Automatic Stay by Sending Statements to Debtors to Persuade them to Make Payments on Scheduled Debts

“Ringless Voicemail” Petition at FCC: Another Factor to Consider in TCPA Compliance

Are Significant Changes To Class Actions On The Horizon? – Part One

U.S. Rep. Blaine Luetkemeyer Reintroduces Legislation to Stop Operation Choke Point

Trump’s America Is Facing a $13 Trillion Consumer Debt Hangover

First-time Foreclosure Starts Hit All-time Low

CFPB Wins a Battle in Ocwen Case

May Commercial Bankruptcy Filings Rise 5% Y/Y; Chapter 11 Filings Dip 8%

Spotlight on Alabama: New Law Extends Creditor Protections for Certain Retirement Account Assets in Alabama

Policy changes are altering student debt landscape

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 aNew Month and There’s a New 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.

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!