National Consumer Bankruptcy Rights Center

Bankruptcy News Briefs 5/15

District Court Affirms Ruling that Settlement Proceeds from Pelvic Mesh Injuries Were Acquired Post-Petition, and Not Property of the Estate, Since Debtor did Not Discover Product Defect Until After Filing Bankruptcy

District Court Takes on the Intersection of Bankruptcy and the FDCPA

FAQ: Recent Developments in US Law Affecting Pension and OPEB Claims in Restructurings (2017)

Prepaid Card Protections Likely to Escape Congressional Veto

Guy who fought Wells Fargo is angry about Republican attack on CFPB

Republican Threat to CFPB Rules May Mean Enforcement Boost

Two years after creation, state’s debt-recovery center is moving at ever-faster pace

No U.S. Private Debt Collectors for Americans Overseas: IRS

Debt Collector Abuse Is Raging In The Trump Era

The Conundrum Of Debt, Tax Cuts and The Economy

Can’t Pay Your Student Loans? The Government May Come After Your House

A student loan should not mean a lifetime of debt. Maine lawmakers can help.

Sacramento attorney disbarred for mishandling bankruptcy cases

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Renew your membership in May and be entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month.

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Bankruptcy News Briefs 5/10

Student, Auto Loan Borrowing Reaches Highest Level in Five Months

Bankruptcy Filings Decline

Searching For The Meaning Of “Meaningful Involvement”

Lawmakers Push Bill Allowing Student Debt to Be Discharged in Bankruptcy

CFPB Updates Rules on Collecting Ex Parte Rulemaking Input

U.S. Government Officials Play Hardball On Student Loan Defaults

Chapter 20 and Who May Be a Debtor

CFPB: Consumer Prepaid Complaints Drop in Q1

Top 5 complaints against credit card companies

Reps. Katko, Delaney sponsor bill that would let student loan borrowers get bankruptcy discharge

11th Cir. Holds Post-Discharge Monthly Mortgage Statements Not Prohibited

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Bankruptcy News Briefs 5/9

Treasury Awards Contracts for Collection of Non-Tax Debt; Could Student Loans Be Next?

Government’s “Police Power” Exception to Automatic Stay Does Not Apply to Government’s Enforcement of a Money Judgment Against Debtor

U.S. Supreme Court Rejects “Meaningful Attorney Involvement” Case

How the Affordable Care Act Drove Down Personal Bankruptcy

Nobody Answering the Phone; Student Loan Borrowers (and Taxpayers) Impacted Bigtime

What’s Inside the CFPB Enforcement Policies and Procedures Manual 2.0

Puerto Rico’s Fate Will Come Down to Decisions of a Single Judge

Debt Collection, Made Easier And … Gentler?

WHAT DID THE CFPB DO ABOUT WELLS FARGO OPENING UNAUTHORIZED ACCOUNTS?

This is the No. 1 reason Americans file for bankruptcy

Changes In Attitude, Changes In FinServ Regulatory Latitude

Stop Medical Bills from Driving You into Bankruptcy

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A Glimpse Into the Consumer Bankruptcy Journal

Christine Kieta, gives us the basics in her article“Basics for Non-Bankruptcy Litigation Lawyers,” in NACBA’s Consumer Bankruptcy Journal where she discusses; getting into bankruptcy court, insulating your claim from a potential bankruptcy discharge and envisioning the battle lines for success.

Bankruptcy News Briefs 5/4

Monthly Debt Collection Complaints and Consumer Litigation Filings Increase

A Loan Is Not an “Educational Benefit” for Dischargeability Purposes

House panel approves GOP Dodd-Frank rewrite

Court Rules Sending Validation Through CFPB Portal Does Not Satisfy FDCPA

Trump administration welcomes back student debt collectors fired by Obama

Courts Grapple with Fine Line between (Medical) Informational & Telemarketing Calls

CHOICE Act Markup Drags On After GOP Sinks Dem CFPB Amendments

CFPB Attempts to Deny Constitutionality Ruling Fast-Track

HOW HAS THE CFPB HELPED CONSUMERS DEALING WITH DEBT COLLECTORS?

Parent Cosigners Beware: Think Twice Before Taking On Your Child’s College Debt

U.S. Auto Sales Plunge Dramatically As The Consumer Debt Bubble Continues To Collapse

Charge-offs on Consumer Debts: The Kentucky Supreme Court Causes Shaky Ground to Collect Prejudgment Interest

FTC Issues “Advice” on Background Check Disclosure and Authorization Forms

Supreme Court Hears Oral Argument In Significant FDCPA Case

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Bankruptcy News 5/2

Regulatory Accountability Act Puts Wall St. Interests Ahead of Consumers

Escrow, Insurance and Rent Not Additional Collateral in Deed of Trust

Court Dismissed Chapter 13 Case where Debtors Offered No Explanations for Failing to Amend Schedules or Make Payments, and Took “Cavalier” Attitude Toward Bankruptcy

Is It Officially Time To Start Worrying About Consumer Credit?

M.R.S. Associates Inc. accused of harassing consumer with debt collection calls

Operation Collection Protection Secures $2 Million Civil Penalty Against President of Debt Collection Company

US consumer debt is piling up

Illinois’ medical debt spiral injures people, economy

Bill would protect Social Security against student loan debt

Congress Tries To Ban The CFPB From Regulating Payday And Car-title Loans

Free Pass for Taxes Owed to Pennsylvania?

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NACBA25 is Here!

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, and fun events! There’s still time to Register so come see us!

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Bankruptcy News Briefs 4/25

Federal Court Orders Collection Agency President to Pay $2 Million Civil Penalty

Governmental Regulatory Exception to Automatic Stay Applies to Contempt Proceeding

Colorado’s FDCPA Adds Media Requirements, Removes its Collection Agency Board

House Financial Services Committee to Discuss CFPB Reform Bill

Former Regulator Details CFPB’s Secret History of Stonewalling

West Virginia Law Revises Terms for Debt Collections

The IRS is outsourcing debt collection, expect tax collection scams to get worse

Borrowers Dealt Blow After Devos Rolls Back Reform Guidelines for Student Loan Borrowers

The Week Ahead: FSC to Hold Financial CHOICE Hearing

Second Circuit Holds that District Court Orders Determining Restitution Credits are Final, Appealable Orders

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NACBA25 is Couple Weeks Away! There’s Still Time to Register!

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today!

It’s a New Month! Renew Your Membership to Enter This Awesome Giveaway!

Renew your membership in April and be entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners, will be selected at random each month

Bankruptcy News Briefs 4/24

Bank Card Default Rates Increase for Fifth Consecutive Month

U.S. Supreme Court Hears Oral Arguments over Whether Debt Buyers are Debt Collectors under FDCPA

11th Circuit Gives Debtor Another Chance to Prove She Met All Three Prongs of Brunner Test to Discharge Student Loans

CFPB Issues Final Rule on Prepaid Card Rule Extension

Report: Medical debt collections draw scrutiny

Attention lenders: The CFPB is now focusing more on fair lending in mortgages

Lawsuits allege mortgage servicer Ocwen’s mistakes cost some borrowers their homes

U.S. Consumer Debt Rises Overall, Housing Debt Drops

Medical Debt Cited As Leading Cause For Bankruptcy

A Glimpse Into the Consumer Bankruptcy Journal

Stephen Fairley, Rainmaker Institute, LLC

Image result for stephen fairley

Best selling author and CEO, Stephen Fairley understands how vital it is for legal professionals to connect with their clients so they can best serve them. In his article, “4 Ways Attorneys Can Connect with Today’s Legal Consumers,” he gives four concise tips on how to connect with consumers that is beneficial for them and for the growth of your firm.

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NACBA25 is Couple Weeks Away! There’s Still Time to Register!

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Bankruptcy News Briefs 4/19

Prior Express Consent Defeats TCPA Claim, But Jury May Find 87 Calls Over 19 Days to be FDCPA Violation

Emotional Distress Damages Available for Stay Violation

FCC Seeks Comment By May 18 on Voicemail Drop Petition

Justices Appear Reluctant to Close Debt Collection Loophole

Dodd-Frank Needs Reform: Start With The CFPB

U.S. Economy in a Snapshot Shows Decline in Consumer Spending

CFPB Sues Another Debt Collection Law Firm

D.C. reaches settlement with debt collection company over allegations of illegal collections

California’sBankruptcy Court Imposes Massively Disproportionate $45 Million Punitive Exaction, Then Plays Santa Claus With $40 Million Of It

New ‘ReLIEF Act’ Could Make Student Loan Refinancing Cheaper

Bank of America Must Pay $46 Million for Improper Foreclosure

NACBA25 is Less Than A Month Away! Are You Registered?

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Bankruptcy News Briefs 4/18

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

CFPB Sues Ohio Law Firm Over Debt-Collection Practices

Attorney Fee Application Filed Too Late

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

CFPB Proposal Aims to Clarify Home Mortgage Disclosure Act Rule

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

Yes, all debt is bad debt

The Bureau of Resistance

Credit card debt enslaving the American consumer

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

District Court Takes Perplexing View on FDCPA Standing

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

Student debt: America’s 1.3 trillion issue

NACBA25 is Less Than A Month Away! Are You Registered?

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A Glimpse Into the Consumer Bankruptcy Journal

Gene Melchionne, Esq.

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

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Bankruptcy News Briefs 4/14

First Quarter Bankruptcy Filings Decline

Sovereign Immunity in Tax Refund Turnover Claim

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

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

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

Top 3 bankruptcy trends from past 2 quarters

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

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

A Glimpse Into the Consumer Bankruptcy Journal

Jim Haller, Sulaiman Law Group & NACBA President

Haller

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

NACBA25 is Less Than A Month Away! Are You Registered?

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more! Register today!

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