NCBRC

Bankruptcy News Briefs 9/15

Headlines Closing Out the Week…

From the Web: Senate Bill Includes Revival of Pell Grant Eligibility

Senator Warren introduces Equifax bill, launches industry probe

Credit Card Debt Continues to Approach Post-Recession Highs

Court Sanctions Plaintiff’s Attorney a Second Time in FDCPA Case

How the CFPB Should Respond to Equifax

Casino failed to Show that Debtor’s Gambling Debt Arose as a Result of Willful and Malicious Conduct

Senate bill calls for free credit freezes after Equifax breach

State Bill Would Stop Debt Collectors From Emptying Bank Accounts

Trustees’ Role in Changes to Model Plans Unfair to Creditors

Ponzi Lost Profits Paid Before Late-Filed Claims for Principal

Gambler Loses at Tables, Wins in Bankruptcy Court

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 9/14

Thursday’s Headlines…

Court Sanctions Plaintiff’s Attorney a Second Time in FDCPA Case

CFPB Report Highlights Debt Collection Issues; Collectors AND Creditors Should Take Note

In Chapter 7 IRA Exemption Protects Funds even if not Rolled Over

CFPB Releases Latest Supervisory Highlights Report

Consumer Spending on the Rise While Savings Rate Declines

No Jurisdiction over Appeal of District Court Vacation of Confirmation Order

9th Circuit Tackles Arbitration Involving State-Sponsored Debt Collection

Debt collector accused of violating federal law

FTC Cracks Down on Lead Generation Company’s Indiscriminate Sharing of Consumers’ Sensitive Data

Debtor Who failed to Disclose $5,000 in Lockbox Received Discharge since UST Failed to Show Requisite Intent

Record Household Debt Limits GDP Growth Going Forward (Article 8 Of 10)

Collection of Periodic Mortgage Payments Does Not Violate the Discharge Injunction

BAP says District’s Model Chapter 13 Plan did Not Exceed the Bankruptcy Court’s Rule-Making Authority

 

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
DATE: Thursday, September 14, 2017 @ 4:00 PM Eastern to 4:45 PM Eastern
PRESENTED BY: James Haller, Esq., Sulaiman Law Group Ltd. Chicago, IL
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 9/7

Today’s Headlines…

From the Web: ‘New Data Details How Americans are Spending Their Money’

U.S. Department of Education Ends MOUs with CFPB

3rd Circuit: 2nd Collection Letter Within 30 Days of First Letter is “Overshadowing”

U.S. Department of Education Unveils New Approach to Federal Student Aid Compliance

NJ Judge Disagrees with NY Judge in FDCPA Case Involving Credit Repair Agreement

NCLC’s Attorney Chi Chi Wu to Testify on Sept. 7 before House Financial Services Committee on Six Anti-Consumer Bills

FDCPA Case Law Review for August 2017

What Is the Fate of the Consumer Financial Protection Bureau?

Web site steered U.S. borrowers into bad, illegal payday loans: CFPB

FTC targets North Carolina debt collection scheme for alleged abusive tactics

House Committee Meets Today to Consider Change to FDCPA

The biggest financial stress may be avoidable

Debt collector accused of violating FDCPA

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
DATE: Thursday, September 14, 2017 @ 4:00 PM Eastern to 4:45 PM Eastern
PRESENTED BY: James Haller, Esq., Sulaiman Law Group Ltd. Chicago, IL
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 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 9/5

New Month New Headlines…

No Bad Faith for Failure to Voluntarily Devote Social Security Funds to Plan

RMA Recommends Suspension of Communications to Consumers Located in Areas Affected by Tropical Storm Harvey

Federal Judge Dismisses CFPB’s Claims Against Debt Collection Service Providers

College Football Tickets are Property of the Estate which Trustee May Sell for Benefit of Creditors

Court Sanctioned Creditor, an experienced Bankruptcy Attorney, who Feigned Ignorance of the Law, with $5,000 in Punitive Damages for Egregious Violations of the Automatic Stay and Discharge Injunction

From the Web: ‘CFPB Director Evasive About Possible Resignation’

Republicans Accelerating Repeal Of Rule To Restore Consumers’ Right To Sue Banks

HHS Secretary Issues Directive on HIPAA Privacy During Public Health Emergency

FTC Court Order Bans Debt Collector from Industry

CFPB Rule Fight Forces Senators to Choose: Military Families or Big Banks

Education Dept. Ends Partnership With CFPB

Wells Fargo’s latest fake account revelation proves why the CFPB must survive

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

Liz Weston: Credit Bureaus Ease Medical Debt Pain for a Few

US Credit Card Debt Sets New Record—But Is That a Problem?

“Modest” Overstatements of Amount Due and Interest Rate Actionable Under FDCPA, Ninth Circuit Rules

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 8/30

Catch Up On Midweek Headlines…

FTC Alleges Extensive FDCPA Violations Against North Carolina Debt Collection Operation

FCC Committee to Consider Recommendation on Blocking Unwanted Calls

Illinois Governor Vetoes ‘Student Loan Servicing Rights Act’

3 Lessons You Should Take From the Latest 1099(c) Letter Case

Court Rules Revocation of Consent for One Creditor Does Not Revoke Consent for Another

ED Updates Court on Debt Collection RFP Status; Requests Extension

Report: States Battle to Restrain High-Cost Installment Loans

Court Gets It Wrong on Exempt Property as Disposable Income

Court Hits Nationstar with $40,000 in Punitive Damages since its Delay in Following Court Orders Caused Debtor to Incur Damages

Consumer claims Premier Recovery Group attempted to collect already settled alleged debt

Student loan balances jump nearly 150 percent in a decade

“Modest” Overstatements of Amount Due and Interest Rate Actionable Under FDCPA, Ninth Circuit Rules

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

 

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

In today’s Consumer Bankruptcy Journal highlight read, “In re: Kearney (kearney vs Navient Solutions Inc. et. al )Adv. Case  No. 16-3024-Southern District of Ohio Western Division at Dayton,” by Brian Flick, Esq.

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 8/28

Fresh Headlines for a New Week…

Clark v. Rameker Does Not Limit State IRA Exemption

Consumer Litigation Cases Decline Under FCRA, FDCPA, and TCPA

From the Web: Survey Shows Most Consumers Lag in Checking Credit Report

Circuit Court: Disallowed Portion of State’s DSO Claim Not Subject to the Discharge Injunction

Chapter 13 Debtor May Confirmed Plan to Surrender Collateral and Reclassify Claim as Unsecured

CFPB Could Scale Back Payday Lending Rule To Get It Done

Wells Fargo wants court to toss overdraft lawsuits and let it use arbitration

CFPB Issues Temporary Amendment to HMDA Rule Reporting Threshold

Trustee’s Motion to Dismiss Chapter 7 Case for Bad Faith was Untimely and Moot when filed 4 Months After Debtor Received Discharge

CFPB’s New Regulatory Inquiry Process: Ask And Ye Shall Receive?

Eleventh Circuit Recognizes Partial Consent Revocation under the TCPA

CFPB releases state-level data on student debt impact on older borrowers

Quality Over Quantity

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!

Take an in-depth look at, “The Bankruptcy Crisis in Chicago,” with authors, Steven Fox and J. Scott Bovits 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 8/24

Check Out What’s Happening in the News…

Court to Hear Wells Fargo’s Bid to Block 49-State Overdraft Fee Class Action

California District Court Dismisses FDCPA Claim Over a Potential Convenience Fee for Lack of Article III Standing Under Spokeo

TCPA Student Loan Calls Case Dismissed – Court Determines TCPA Exception Applied

District Court: Bankruptcy Discharge did Not render Arbitration Agreement Unenforceable in FCRA Case

District Court Finds that Bankruptcy Court Could exercise its Civil Contempt Power under 11 U.S.C. §105(a) to remedy Violations of Discharge Injunction by City and School District

Student Loan Company Accused of Mismanaging Debt Forgiveness Program

American Express to pay $96 million over discriminatory card terms

JPMorgan, debt collector agrees to $4.3 mln settlement

Eleventh Circuit Moves Toward Bright Line Rule That Debtors Cannot Retain Real Property Post- Discharge Without Reaffirming the Mortgage Debt

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 Today’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!

As a member of NACBA, we know that one of the most valued membership benefits is the ability to correspond with your colleagues. NACBA’s online community, NACBA Connect enables you to join discussions, post questions and interact with your peers on a daily basis if you choose. Gene Melchionne’s article, “The Listserv is Dead! Long Live the Listserv,” gives you advice on how to get the most out of NACBA’s Online Community environment with clear and concise steps that will get you linked to your peers.

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 8/22

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 8/18

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!