NCBRC

Bankruptcy News Briefs 12/15

End of the Week Headlines…

The Looming Collapse of Student Loan Asset-Backed Securities

“Snapshot” Rule Precludes Amended Homestead Exemption

Chapter 13 Debtor Can’t Redeem Pawned Auto Through Plan

Study: Consumers’ Pre-Recession Spending, Debt Habits Continue

Both Sides Are Wrong in Bank-Watchdog Power Struggle

Betsy DeVos hit with two lawsuits in one day over backlog of student debt relief claims

Bill before Congress to help combat student loan debt

BAP Affirms Bankruptcy Court’s Denial of Student Loan Discharge for Single Mother on Food Stamps and Medicaid Where her Income Based Payment Would be $0

Bankruptcy filings up 15% in Toledo area

The United States of Indebted America

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 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 12/11

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 12/6

Check Out Midweek Headlines In Today’s Briefs…

Trustee $65,000 Fee Application Denied

Debtors whose Financial Situation Improved Substantially after their case was Appealed and Remanded, and who did Not live a “Spartan” Lifestyle, Failed the Brunner “Undue Hardship” Test

Legislation to allow on-site attorneys at Michigan collection agencies receives favorable votes in the state’s House and Senate.

Court Bends Every Rule, Grants Dismissal to Kohl’s in “Opt-Out Evader” TCPA Suit –Blesses Contractual Revocation Clause

Millions Are Hounded for Debt They Don’t Owe. One Victim Fought Back, With a Vengeance

Consumer Bureau’s New Leader Steers a Sudden Reversal

Op-Ed Why every American should want a strong CFPB

IS SECRETARY DEVOS DENYING STUDENT LOAN PROTECTIONS?

Household Debt and Its Hidden Costs

Student Loan Debt Is Now As Big as the U.S. Junk Market

House Republicans May End Student Loan Forgiveness

No Thanks: Most Districts Opt Out of National Chapter 13 Plan

FCC Opens the Door to Blocking Spoofed Robocalls that Violate the TCPA

FTC Files Complaint To Stop Credit Card Interest Scam

Are You Registered for Tomorrow’s 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.

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!

Register by February 23rd for Early Bird Savings!

Bankruptcy News Briefs 11/30

Take a Moment to Dive Into the Headlines…

Advanced Sick Leave Is Debt Subject to Recoupment

Dept. of ED’s 21st Century Student Loan Plans Will Require CFPB Action

Continuity, Compliance and the CFPB: Food For Thought When Responding to Complaints

Senate Bipartisan Legislation Introduced to Foster Economic Growth and Reduce Regulatory Burden for Small Businesses

While Debtor’s Obligation to Pay Creditor was Discharged in Bankruptcy, Arbitration Agreement with Creditor Survived

Fed Survey: Consumers’ Optimism about Access to Credit is on the Rise

City Could Not Collect Post-Petition Traffic Fines as Administrative Expenses

From the Web: ‘Who is More Likely to Default on Student Loans?’

Dodd, Frank reunite to protest CFPB leadership change

Debt Collection Rulemaking on Hold Amid CFPB Rancor

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.

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 11/29

Check Out What’s Happening Midweek…

Federal Judge Rules in Favor of Trump Administration on Question of CFPB Leadership

Report: TCPA Consumer Litigation Filings on Track to End 2017 Under Recent Annual Totals

Debtor Failed the 8th Circuit’s Totality of the Circumstances Undue Hardship Test to Discharge her Student Loans where she Failed to Make Good Faith Efforts to Maximize her Income

The Equifax Data: Now That They Have It, How Will Hackers Use It?

Debt to DHS Not Domestic Support Obligation

The CFPB’s Employees Will Determine the Agency’s Fate

Barney Frank: I have two ‘serious objections’ to Senate’s plan to reform Dodd-Frank

How The Dodd-Frank Act Plays Into The CFPB Succession Debate

Nice Try: Ninth Circuit Walks Back Debt Collector’s Attempt to Purchase Lawsuit Against Itself

Wisconsin student loan debt tops $24 Billion

Fed Chair Janet Yellen: Rates have to rise to prevent ‘boom-bust’ economy

Counsel’s Corner: Brigham Lundberg talks Foreclosure Environment

Register Today for the 2017 Virtual Bankruptcy Workshop!

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

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 11/22

Headlines Leading Into the Holiday….

CFPB Files Federal Lawsuit Against Online Loan Servicer

Study: Consumers Continue to Spend Using Credit Cards

Win for Debtor in Student Loan Arena

FDCPA Case Law Review for September and October 2017

Chapter 13 Plan Confirmed Where Debtor’s Ex-Spouse/Roommate’s Contribution to Household Expenses Substantially Increased Dividend to Unsecured Creditors

First Circuit Upholds Bankruptcy Court’s Denial of Discharge of Debtor (who is also a Lawyer) Where she Failed to Disclose Lawsuits

New Judge Assigned to Dept. of ED Collection Case

CFPB Fines Xerox Business Services $1.1M; This Should Be a Wake-Up Call to Collection Software and Service Providers

CFPB’s arbitration rule officially revoked in the Federal Register

Trump Won’t Be Able to Defang the CFPB Without a Fight

Possible tax bill could impact students struggling with student loans

Ocwen Announces Millions in New Mortgage Debt Forgiveness in Ohio

Registration is Open for the 2017 Virtual Bankruptcy Workshop!

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

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

What’s New at NACBA?

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!