NCLC

Bankruptcy News Briefs 7/24

Monday’s Headlines…

5th Circuit: Funds Held in IRA Lost Exempt Status When Debtor Withdrew Funds but Did Not Complete a Rollover of the Funds into another IRA, as Required by State Law

6th Circuit: Chapter 7 Trustee Could Not Forcefully Evict Debtors from Homestead by Tendering Payment Equal to the Value of their Exemption

After Denying Debtor’s Motion for Sanctions Where Creditor Sold Debtor’s Property at Auction Days After Petition Date, Judge Offers “Best Practices” Advice to Counsel

The CFPB’s Consumer Complaint Database: The Next Battle Between Regulators And Legislators

Court Finds M&T Bank in Contempt for Violating Discharge by Failing to Properly Credit Mortgage Payments Made under Confirmed Plan

Mini-CFPB? Pennsylvania attorney general launches consumer financial protection unit

In a Clear Signal to CFPB and White House, FTC Announces CID Process Improvements

FCC Focuses on Consumer Protection From Robocalling and TCPA Violations

Student loan debt has grown 250% in the last 10 years — here’s where grads owe the most

Don’t celebrate yet: Here’s why that $5 billion in student loan debt won’t be forgiven

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!

Register for NACBA’s August Webinar

Did you enjoy yesterday’s webinar? Well, get ready for another stellar webinar in August! Register 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!

NACBA’s Washington Update

Krista D’Amelio, NACBA’s Director of Government Affairs & Communication gives you the lastest and  most significant and relevant activity on the part of Congress, regulatory agencies and interest groups/think tanks in this week’s Washington Update.

On The Hill On June 8 the House Subcommittee on Regulatory Reform, Commercial and Antitrust Law held a hearing titled “A Time to Reform: Oversight of the Activities of the Justice Department’s Civil, Tax and Environment and Natural Resources Divisions and the U.S. Trustee Program”. The hearing hear testimony from two witness panels. The first witness panel included: Clifford White III, Director of the U.S. Trustee Program, David Hubbert, Acting Assistant Attorney General Tax Division, Jeffrey Wood, Acting Assistant Attorney General Environment and Natural Resources Division, and Chad Readler, Acting Assistant Attorney General Civil Division. The second witness panel included President of Public Citizen Robert Weissman, Esq., Partner of Baker & Hostetler LLP Andrew Grossman, Esq., Partner of Foley and Lardner LLP Cleta Mitchell, Esq., and Manager of Election Law Reform Initiative, Senior Legal Fellow at the Heritage Foundation Hans von Spakovsky, Esq. In his testimony, Director Clifford White provided the Subcommittee an update on the facts and observations of the Trustee Program and highlighted matters of special importance to the bankruptcy system. Members of NACBA’s Legislative Committee submitted questions to the Subcommittee at the request of the House Judiciary Committee.

Senator Jack Reed (D-RI) and Senator Sherrod Brown (D-OH) reintroduced the Military Consumer Enforcement Act, S. 1389, on June 21st. The bill would allow the Bureau of Consumer Financial Protection to provide greater protection to servicemembers.The bill’s other co-sponsors include: Sens. Jon Tester (D-MT), Richard Blumenthal (D-CT), Tim Kaine (D-VA), Tammy Duckworth (D-IL.), Elizabeth Warren (D-MA), Tammy Baldwin (D-WI), Al Franken (D-MN), Amy Klobuchar (D-MN), Chris Van Hollen (D-MD) and Catherine Cortez-Masto (D-NV).

IN THE AGENCIES On Tuesday, June 20th U.S. Secretary of Education Betsy DeVos appointed A. Wayne Johnson, a former executive in the financial-services industry, to run the $1.3 trillion federal student loan portfolio. The position of chief operating officer of federal student aid has been vacant since May when James W. Runcie resigned, saying he couldn’t in “good conscience” lead the agency while it was facing rising scrutiny from the Trump administration about its management of the lending programs. Dr. Johnson worked in senior management at Visa and Deloitte before starting his own company, which captures credit-card transactions in real time and alerts card holders to better manage their accounts.

FROM THE INTEREST GROUPS Americans for Financial Reform and National Consumer Law Center issued separate statements on June 14th that condemns the decision of Education Secretary Betsy DeVos to abandon the victims of predatory colleges by delaying the update to the Borrower Defense rule, and creating two new negotiated rulemakings to re-do and likely dismantle both the Borrower Defense and Gainful Employment rules.

OTHER A recent Consumer Report analysis found the Affordable Care Act (ACA) to be a major reason for the decline in personal bankruptcy filings. The report reveals that since 2010, personal bankruptcy filings have dropped by about 50%. Experts say some of that is due to an improved economy and laws passed in 2005 that make it harder to declare bankruptcy. CR’s reporting found that the ACA’s provisions for mandatory coverage of pre-existing conditions and against annual and lifetime payout caps has helped consumers —especially Americans with serious medical issues— avoid bankruptcy.

Stay Updated With NACBA!

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 6/15

Dive Into Today’s Headlines…

Trump Reinstates Jessica Rosenworcel’s FCC Nomination

Study: Consumers Pay Down Credit Card Debt in First Quarter; But Not Enough

U.S. Department of the Treasury Calls for CFPB Reform in Report to President

ED RFP Litigation Continues Even While RFP “Do-Over” is in Progress

Six Degrees Of Separation: Use Of Bankruptcy Rule 2004 Examination In Connection With Third-Party Litigation

The CFPB’s Examination Playbook Revealed

Department of Education Intends to Revisit Rules that Provide Relief and Protections to Students, Taxpayers from School Fraud

Jurisdiction Retention Clause in Sale Order Can’t Provide Bankruptcy Court Subject Matter Jurisdiction for Contract Disputes between Non-Debtors

Why consumer groups are ready to fight Trump rollback of financial safeguards

How debt collection industry scored rare ‘victory’

Treasury Report Recommends Keeping Data From Consumers

Gorsuch’s First Opinion: Let Debt Collectors Run Amok

Colorado Modifies and Extends Its Fair Debt Collection Practices Act Through September 1, 2028; Extends Scope to Cover “Debt Buyers”Assembly Judiciary Committee Approves ​Wieckowski Bill

Feds point fingers as ‘debt relief’ cos. prey on students

So Who Really Is A ‘Debt Collector’ Under The FDCPA?

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 6/13

Take a Moment To Dive Into These Headlines…

CFPB Seeks OMB Approval to Conduct a Consumer Survey to Test Debt Collection Disclosures

Industry Association Urges Caution When Interpreting Santander Decision

Judge McEwen Sanctions Green Tree under FRBP 9011 for Not Verifying Values of Collateral in Reaffirmation Agreements; Orders Servicer to Modify Training Manual

U.S. Supreme Court Holds Debt Purchaser Collecting Its Own Debt Is Not Subject to FDCPA

Federal Court Dismisses Class Action Alleging Solicitation for Payments on Time-Barred Debt is “Misleading” Under FDCPA

Ocwen to Resume Constitutional Attack on CFPB

Administration looks to curb CFPB powers, change bank rules

Removing the Tax Consequences of Student Loan Discharge

Women hold most of the US’s student loan debt

Debt collector call volume doesn’t constitute harassment, court rules

West Virginia Top Court Says Debt Collector Calls OK

IRS use of collection agencies for debts could unleash scam attempts

Rhode Island Federal Court Refuses to Dismiss FDCPA Case against Law Firm Pursuing Mortgage Foreclosure

Ohio Law Firm Believes Mounting Credit Card Debt in U.S. Will Increase Bankruptcies

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 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.

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!

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 3/22

Federal Court Nixes CFPB Enforcement Action that Claimed a Payment Processor Ignored Fraud

American Bankruptcy Institute Forms Commission on Consumer Bankruptcy

Judge Rules For Servicer in TCPA Case Regarding Calls to Number Provided for Subsequent Loan

Trump’s ED Dept Withdraws Position Prohibiting Collection Fees on FFEL Defaults

No Personal Liability for Post-Petition HOA Fees

CFPB Takes on Credit Reporting Problems

Tensions escalate at House hearing on constitutionality of the CFPB

Pocan introduces bipartisan bill in effort to alleviate student loan debt

Filing for bankruptcy more expensive under Trump budget

More Consumers Seek Loan Modifications

Upcoming NACBA Events

nacba25

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!

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!

 NACBA Membership Promotion!

Renew your membership this month 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