NCBRC

Bankruptcy News Briefs 8/17

Headlines Making News…

Consumer Spending Levels Out in June

Section 553 of the Bankruptcy Code Preserves Rather Than Creates Setoff Rights

Total Household Debt Reaches a Record High

Senator Calls on Bank CEOs to Go on Record

Scam Claiming that Consumers Can Access Unpaid Social Security to Pay Debts Could Prove Costly

Abandonment of Acceleration

Bank’s Claim Allowed to Extent of State Court Foreclosure Judgment as Well as Post-Judgment Charges Reassessable Under State Law

Average student debt doubles in a decade

NAFCU asks Consumer Financial Protection Bureau to rescind prepaid account rule

Couple alleges debt collector violated phone privacy laws

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!

If you are interested in digital advertising for your firm, you’ll want to read Robert Hoglund’s article, “Digital Advertising Part II, Nine Things Your Salesperson May Not Want You To Know,” in today’s Consumer Bankruptcy Journal Highlight to avoid the common pitfalls so that you can take advantage of the benefits of digital advertising.

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 8/14

Kicking Off the Week With New Headlines…

Lawmakers Demand Plan for Action to End Operation Choke Point

Number of workers raiding retirement funds rises

Appeals Court Creates TCPA Compliance Rule: Honor the “Call Me Sometimes” Request

Wells Fargo Scandal Helps Consumer Advocates in CFPB Rule Fight

City Could Not Avoid Liability for Stay Violation by Invoking Sovereign Immunity Defense Based on State Law

Minnesota, Other States Reach Settlement Over Improper Debt Collection Practices

Debtor Stated Plausible Claims for Stay and Discharge Violations, Beating Servicers’ Motion to Dismiss, Where Servicers’ Notices Claimed “Action Required” and that “Delinquency” Existed

Court Awarded No Damages to Debtor for Willful Stay Violation Since Debtor Failed to Mitigate Damages

How More Americans Are Getting a Perfect Credit Score

You Owe IRS Taxes: What Do You Do? (Part 1)

Unfiled Tax Returns: What Do You Do? (Part 2)

Consumer debt is at a record high. Haven’t we learned?

NACBA Webinars!

 

 

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!

 

 

 

 

 

 

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!

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 8/10

Check out Today’s Headlines in the Briefs…

Texas Tax Purchaser’s Rights Cannot Be Modified

Bankruptcy Court Reopens 1995 Case in order to Decide Pre-1998 Student Loan Discharge Case Under 7-Year Repayment Rule

Rejecting the “Everyone Does It” Defense, U.S. Circuit Court Affirms Disbarrment of Bankruptcy Attorney who Submitted False Debtor Signatures and Omitted Assets from Schedules

Fresno consumer alleges debt collector violated FDCPA

Debt collector accuses of violation phone privacy statute

U.S. to Help Remove Debt Burden for Students Defrauded by For-Profit Chain

Real Property & Title Insurance Update: Week Ending July 28 & August 4, 2017

America’s credit card holders are $1 trillion in debt

NACBA Webinar Lineup!

 

 

Check out these upcoming webinars for August and Register Today!

Reverse Mortgages & Bankruptcy 
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non Member
Register HERE

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!

 

 

 

 

 

 

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!

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 8/9

Midweek Headlines…

Credit Card Debt Reaches Record While Consumer Borrowing Pace Slows

Trump’s Plan to Implode ObamaCare Will Leave (Even More) Unpaid Medical Bills

Since Bank Canceled Debt by Issuing a 1099-C, it No Longer Had Mortgage on Debtors’ Home Under State Law

FDCPA Bona Fide Error Defense Did Not Protect Debt Collector Despite Following Controlling Precedent, En Banc Seventh Circuit Rules

Sixth Circuit: Firm’s Post-Foreclosure Conduct Does Not Violate FDCPA

Amazon Prime, eBay Passwords Sought from Bankruptcy Debtors

Chris Christie Signs Law Limiting How Much New Jersey Students Can Borrow

CFPB pushes Zillow to settle on RESPA violations

Siding with CFPB

NACBA Webinar Lineup!

 

 

Check out these upcoming webinars for August and Register Today!

Reverse Mortgages & Bankruptcy 
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non Member
Register HERE

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!

 

 

 

 

 

 

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!

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 8/8

Check out Tuesday’s Headlines…

Navient Can’t Escape CFPB’s Student Loan Servicing Enforcement Action

Filing Costs Contribute to Decline in July Bankruptcies

Consumers’ total debt climbs to a fresh record

Student Loan Forgiveness For Public Servants Up In The Air

Consumer claims Credit Management attempts to collect debt discharged in bankruptcy

Funds Held by Chapter 13 Trustee in Dismissed Case Belong to Debtor, Not Creditors

Consumer borrowing slows in June from prior month’s torrid pace

How Wells Fargo’s Troubles Went From Bad to Worse

New NACBA Webinars

 

 

Check out these upcoming webinars for August and Register Today!

Reverse Mortgages & Bankruptcy
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non Member
Register HERE

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!

 

 

 

 

 

 

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!

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 8/7

Let’s Kick Off A  New Week…

Fed Consumer Financial Expectations Surveys Show Outlook on Credit Access

What Makes a Lien “Judicial”?

Latest CFPB Consumer Survey Proposal Receives Mixed Review; One Industry Separates Itself from Another

Overdraft Fees Cost US Consumers $15B In 2016

Government Should Not Deprive Seniors in Nursing Homes of Their Day in Court

CFPB Orders Bank to Pay $4.6 Million Penalty for Violating FCRA Requirements for Checking Account Screening Reports

Buffalo becomes ‘ground zero’ for abusive debt collectors

Huge Collection Fees Making It More Difficult For Cash-Strapped Students To Afford College

Debtor’s Furniture Rental Agreement Is Lease to Assume or Reject

Betsy DeVos Announces Plan To Revamp Student Loans By 2019

Student Loan Debt Is Not Hurting The Economy

Ex-Wife who Pursued Modification of Divorce Judgment Without First Getting Stay Relief Had to Pay Damages to Debtor

FDCPA Bona Fide Error Defense Did Not Protect Debt Collector Despite Following Controlling Precedent, En Banc Seventh Circuit Rules

New NACBA Webinars

 

 

Check out these upcoming webinars for August and Register Today!

Reverse Mortgages & Bankruptcy
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non Member
Register HERE

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!

 

 

 

 

 

 

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!

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 8/3

In Thursday’s News…

Advocates Applaud CFPB for Enforcement Action against JPMorgan Chase for Deficiencies Related to Reporting to ChexSystems/Early Warning Services

Prospects Dim for Senate Vote on CFPB Arbitration Rule This Month

Third Circuit Reminds Debt Collectors Of Notice Requirement

State AGs urge Senate rejection of CRA resolution to disapprove CFPB arbitration rule

CFPB’s Pro-Class Action Rule Hurts Consumers

Wisconsin posts fewest bankruptcy filings in a decade

Credit Score Facelift

The Effects of a Creditor’s Non-Participation in Bankruptcy Proceedings

New NACBA Webinars

 

 

Check out these upcoming webinars for August and Register Today!

Reverse Mortgages & Bankruptcy
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non Member
Register HERE

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!

 

 

 

 

 

 

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!

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 Havan, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

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

Hot Off the Press! The 2017 Summer Edition of the Consumer Bankruptcy Journal!

Dive into NACBA’s Consumer Bankruptcy Journal! Get immersed in the many relevant and timely articles in this quarter’s issue. Here’s just a glimpse of what’s in store for you:

  • Take a Look Back at NACBA’s 25th Annual Convention
  • US Consumer Law Attorney Fee Survey for 2015-2016
  • Eating Disorders: A Secret in the Legal Profession
  • Kearney vs Navient Solutions
  • NCBRC Cases in Review
  • Digital Advertising
  • NACBA 2017 Board of Directors Election Results

In addition to these topics, there are so many more articles that you’ll want to read so take a moment to kick back and read NACBA’s Consumer Bankruptcy Journal!

Bankruptcy News Briefs 8/1

A New Month With New Headline

CFPB Issues Compliance Bulletin on Fees for Phone Payments

Operation Choke Point Lawsuit Requires FDIC to Release Documents

First Party Servicing on Medical Accounts: The Federal and State Landscape Continues to Shift

Debtor Could Not Manipulate Debt Limits for Chapter 13 Eligibility by Making Preferential Pre-petition Payments

Rothfus’ legislation would overturn “anti-consumer” rule

New Bankruptcy Rules Effective December 1, 2017, Will Impact Financial Institutions

The Fair Debt Collection Practices Act: Time for an Update?

OCC sounds alarm on CFPB arbitration rule, welcomes Congressional repeal

46 Year-Old Debtor, who Earned $63,000/year and Supported Adult Child Failed First Prong of Brunner Test and Could Not Discharge Student Loans

Debt Collector Ordered to Pay $25 Million to State of Texas for Illegal Debt Collection Practices

New NACBA Webinars

 

 

Check out these upcoming webinars for August and Register Today!

Reverse Mortgages & Bankruptcy
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non Member
Register HERE

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.

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!

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 Havan, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 7/28

Headlines Leading Into the Weekend…

Debt Collection Complaints Decline; Consumer Litigation Filings Slow Compared to May

Credit Card Market Continues Growth in First Quarter; Including Record Number of New Accounts

Court Granted Chapter 13 Trustee Motion to Modify Plan to Include Non-Exempt Portion of Personal Injury Settlement Received Post-Petition

Chapter 7 Debtors with $400/month Disposable Income Failed the Totality of the Circumstances Test for Abuse

Creditor Did Not Violate the Automatic Stay Where it Released its Pre-Petition Garnishment and Did Not Garnish any Wages Post-Petition

Discovery Rule Applies to Accrual of Cause of Action

Massachusetts Attorney General Announces Consent Agreement with Debt Collection Law Firm

Who is killing the CFPB’s arbitration rule?

SCOTUS Limits Reach of Fair Debt Collection Practices Act

Here’s the No. 1 consumer complaint in America

New NACBA Webinars

 

 

Check out these upcoming webinars for August and Register Today!

Reverse Mortgages & Bankruptcy
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non Member
Register HERE

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.

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!

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 Havan, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!