Student Debit

Bankruptcy News Briefs 2/28

Midweek Headlines…

Stay Does Not Require Bank to Release Citation Lien

Texas Lawyers and Law Professors Urge Representative Gonzalez to Withdraw Support of Bill that Would Harm Texas Consumers

Debt Collection Industry Faces Evolving Compliance Regulations

From the Web: Department of Justice Files Opposition Brief in CFPB Deputy Director’s Appeal

New Jersey Federal Court Finds Additional Telephone Number In Validation Letter Did Not Violate FDCPA

How Chicago Ticket Debt Sends Black Motorists Into Bankruptcy

E.D.N.Y.: Collection Agency Can Enforce Arbitration Clause of Underlying Credit Agreement

CFPB report finds removal of public record data has small effect on credit scores

Bankruptcy Straight-Talk For Credit Union Members

DeVos to Assert that Only Department of ED, Not States, Can Regulate Student Loan Servicers

Mulvaney Says His CFPB Is Keeping Elizabeth Warren Up at Night

GUEST VIEW: Debt collection companies have hijacked the justice system

Iowa court debt approaches $732 million

Total consumer debt increased faster in Hawaii than the nation, DBEDT report

Overdue US credit card debt hits 7-year high at $11.9bn

Congressional Research Service Releases Bankruptcy & Student Loans Report

On Thursday, February 22, 2018, the Congressional Research Service released a report titled “Bankruptcy and Student Loans”. The report explains how and why the Bankruptcy Code makes student loans nondischargeable unless undue hardship is proven. It concludes with providing potential considerations for Congress to treat student loans moving forward. Read the Full Report.

Register for NACBA’s Webinars!

Escrow Shortage Claims
Date: March 15, 2018
Time: 1:00 PM Eastern / 10:00 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Tara Twomey, Esq. & John Rao, Esq.

Register HERE

Have you ever received a mortgage arrearage claim including a hefty escrow shortage? This webinar will examine how to review that claim for accuracy and how to explain it to your client. Don’t miss this opportunity to save yourself time and aggravation when reviewing these claims.

Circuit Case Law Update
Date: ON DEMAND
Time: ON DEMAND
Cost: Free for NACBA Members
Presenters: Jim Molleur, David Shaev, Trish Meyer, Koury Hicks, Behrooz Vida, Brian Flick, David Yen, Wendell Sherk, Stanley Zlotoff, Jill Michaux and Nathan Juster.

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 2/26

Dive Into New Headlines…

Fourth Circuit Looks at Multiple Factors in Bad Faith Analysis

Advocates to FCC: Do More, Much More to Block Unwanted Robocalls

Church Provides No Sanctuary: Sixth Circuit’s FDCPA Decision May Breathe New Life into TCPA Spokeo Arguments

Forensic Analysis of Debt Settlement Program Participants, Commissioned by the American Fair Credit Council, Validates Economic Benefit to Consumers

17 Lawsuits Now Filed in Dept of ED Collection Contract, Chapter 2

Maryland Court Finds Mini-Miranda Not Necessary on Certain Consumer-Initiated Calls

CFPB Seeks Input on Town Halls, Field Hearings in Agency Review

Debtor’s Obligation to Pay his Children’s College Expenses Qualified as a DSO and Were Non-Dischargeable

What The Climbing Debt Defaults Really Mean For The Economy

Chapter 13 Debtor Could Not Defer Surrender of her Home Until her Son Graduated High School

A Shocking Number of Americans Now Owe at Least $50,000 in Student Debt—and Many Aren’t Paying It Down

Bankruptcy Remoteness Going to a Court of Appeals

Department of Education Considering Student Loan Bankruptcy Rule Changes

2017 Consumer Finance Year in Review

Congressional Research Service Releases Bankruptcy & Student Loans Report

On Thursday, February 22, 2018, the Congressional Research Service released a report titled “Bankruptcy and Student Loans”. The report explains how and why the Bankruptcy Code makes student loans nondischargeable unless undue hardship is proven. It concludes with providing potential considerations for Congress to treat student loans moving forward. Read the Full Report.

Register for NACBA’s Webinars!

Escrow Shortage Claims
Date: March 15, 2018
Time: 1:00 PM Eastern / 10:00 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Tara Twomey, Esq. & John Rao, Esq.

Register HERE

Have you ever received a mortgage arrearage claim including a hefty escrow shortage? This webinar will examine how to review that claim for accuracy and how to explain it to your client. Don’t miss this opportunity to save yourself time and aggravation when reviewing these claims.

Circuit Case Law Update
Date: ON DEMAND
Time: ON DEMAND
Cost: Free for NACBA Members
Presenters: Jim Molleur, David Shaev, Trish Meyer, Koury Hicks, Behrooz Vida, Brian Flick, David Yen, Wendell Sherk, Stanley Zlotoff, Jill Michaux and Nathan Juster.

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 2/21

Dive Into the Midweek Headlines…

Maryland Court Finds Mini-Miranda Not Necessary on Certain Consumer-Initiated Calls

Bankruptcy Standards Get New Scrutiny

Bank May Not Hide Settlement Amount

Under Trump, consumer agency promises to do the bare minimum, and nothing more

Debt Collection Companies Have Hijacked the Justice System

Chapter 13 Debtor Could Not Defer Surrender of her Home Until her Son Graduated High School

Student loan borrowers with high debts aren’t making progress repaying them

Congressman John Garamendi’s bill to ease student loan debt awaits committee action

Trump Administration Looking at Bankruptcy Options for Student Debt

State Senate Passes Student Loan ‘Bill of Rights’

Eleventh Circuit Follows Ninth Circuit in Awarding Appellate Fees for Automatic Stay Violation

Register for NACBA’s Webinars!

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM Pacific (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner and Henry Sommer

Register HERE

Escrow Shortage Claims
Date: March 15, 2018
Time: 1:00 PM Eastern / 10:00 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Tara Twomey, Esq. & John Rao, Esq.

Register HERE

Have you ever received a mortgage arrearage claim including a hefty escrow shortage? This webinar will examine how to review that claim for accuracy and how to explain it to your client. Don’t miss this opportunity to save yourself time and aggravation when reviewing these claims.

Circuit Case Law Update
Date: ON DEMAND
Time: ON DEMAND
Cost: Free for NACBA Members
Presenters: Jim Molleur, David Shaev, Trish Meyer, Koury Hicks, Behrooz Vida, Brian Flick, David Yen, Wendell Sherk, Stanley Zlotoff, Jill Michaux and Nathan Juster.

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 2/20

Check Out The Headlines Making News…

Court Grants Discharge of 50-Year Old Debtor’s $230,000 in Student Loans where IBRP would Leave here Huge Tax Liability in her 70s and Wipe Out Her Assets

Criminal Restitution Is Nondischargeable

Chapter 13 Plan Confirmed Even Though Payments Did Not Include All of Debtors’ Disposable Income

Household Debt Increases for Fifth Consecutive Year

A Party Does Not Have Standing to Appeal Bankruptcy Court Order simply because it has been Allowed to Appear in Bankruptcy Proceedings

Democrats Seek Answers to CFPB’s OFLEO Realignment

Collection Letter Making Settlement Offer for Time-Barred Debt Can Violate FDCPA Without Legal Action Threat, Third Circuit Rules

Post-Discharge Loan Modification with Partial Claim Gets Servicer in Trouble with Bankruptcy Court

Second Circuit Finds “Related To” Bankruptcy Jurisdiction in a Madoff Matter

Mortgage debt surges in fourth quarter

Canceling Student Loan Debt Isn’t Just A Dream. It Could Save The Economy.

Wisconsin bankruptcy filings were the lowest in a decade in 2017

Debt Collectors Hoping For Relief from Courts on Collection Letter Claims May Soon Get Clarity (podcast)

Register for NACBA’s Webinars!

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM Pacific (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner and Henry Sommer

Register HERE

Escrow Shortage Claims
Date: March 15, 2018
Time: 1:00 PM Eastern / 10:00 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Tara Twomey, Esq. & John Rao, Esq.

Register HERE

Have you ever received a mortgage arrearage claim including a hefty escrow shortage? This webinar will examine how to review that claim for accuracy and how to explain it to your client. Don’t miss this opportunity to save yourself time and aggravation when reviewing these claims.

Circuit Case Law Update
Date: ON DEMAND
Time: ON DEMAND
Cost: Free for NACBA Members
Presenters: Jim Molleur, David Shaev, Trish Meyer, Koury Hicks, Behrooz Vida, Brian Flick, David Yen, Wendell Sherk, Stanley Zlotoff, Jill Michaux and Nathan Juster.

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 2/15

Today’s Headlines…

U.S. House Votes to Weaken State Limits on High-Cost Loans

No Excuses for Student Loan Servicer’s Failure to Comply with Plan

N.D. Illinois Makes Reasonable Ruling on Interest Disclosure Requirements

CFPB Continues Search for Evidence with Supervision RFI

Regulatory Reform Panel Raises Important Discussion

IRS Issues Scam Alert on Fraudulent Callers Impersonating Debt Collection Agencies

Third Circuit Holds “Settlement Language” in Collection Letter Can Be Misleading

How the CFPB Plans to Scale Back Its Regulatory Mission

No letup to CFPB investigation into Equifax, Mulvaney says

US Household Debt Spikes In Q4 2017

FTC Accuses Student Loan Debt Relief Operation of Deceiving Consumers

Trump May End Student Loan Forgiveness Program

Register for NACBA’s Webinars!

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM Pacific (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner and Henry Sommer

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 2/13

Dive Into Today’s Headlines…

Congress Would Control CFPB Under White House Budget Proposal

CFPB and White House Strategic Plans Appear to be Aligned

Litigation Filed (Again) in New Chapter of ED Private Collection Agency Contract

Southern District of Florida Finds Telephone Dialing System Not an ATDS Under the TCPA

A Cold, Drafty Valentine for Low Income and Working Families in President Trump’s Proposed Budget

Debtors who Claim Excessive or Ambiguous Exemptions should Not be able to Confirm Chapter 13 Plan Without Providing 100% Payment to Unsecured Creditors

Condo Ass’n was Bound by Terms of Confirmed Chapter 13 which Not Only Surrendered the Condo but also Vested Title to Condo in Lender

It’s time to audit the CFPB

Falls debt collector collected debts, not once, but twice

3rd Circuit revives lawsuit over collection of time-barred debt

Here are the cities with the most credit card debt

Register for NACBA’s Webinars!

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM Pacific (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner and Henry Sommer

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 2/9

End of the Week Headlines…

Court Not Required to Dismiss Case Exceeding Debt Limits

NCLC and Legal Aid Foundation of Los Angeles File Lawsuit Challenging U.S. Department of Education’s Refusal to Discharge Loans of Students Defrauded by Marinello Schools of Beauty

Senators demand answers from CFPB on Equifax probe

Mulvaney can’t just kill CFPB payday rule, but here’s what he can do

Oklahoma’s State Debt Collection Practices Are Extortion, Suit Claims As It Moves Toward Class Action Status

America’s consumer debt keeps skyrocketing

CONSUMER BORROWING STRONG THROUGH DECEMBER

Millennials’ Spending Weighed Down by Student Debt, Expert Warns

Sharing of Convenience Fees Spells Trouble Under the FDCPA

10th Circuit Rules FDCPA Does Not Apply to Non-Judicial Foreclosure Proceedings

The case for erasing every last penny of student debt

Register for NACBA’s Webinars!

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM Pacific (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner and Henry Sommer

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 2/8

Headlines in the Briefs…

Will 2018 Be the Year States Shore Up Balance Billing Legislation?

The Steady, Alarming Destruction of the Consumer Financial Protection Bureau

CFPB requests information on its own enforcement process

Massachusetts Sues Equifax Amid Questions About CFPB’s Investigation

Consumers are biggest losers of Trump’s ongoing war on regulations

Appeals Court Gives Rogue Agency A Stay Of Execution; The Supreme Court Should Pull The Switch

Woman in lawsuit says Norfolk debt collector robocalled her 1,500 times

City collection lawyer sued over foreclosure

Ameritech Financial on What Makes Student Debt Unique

Register for February’s Webinars!

Don’t Miss Today’s Webinar!

Circuit Case Law Update
Date: Thursday, February 8, 2018
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 Minutes)
Cost: Free for NACBA Members
Presenters: Jim Molleur, David Shaev, Trish Meyer, Koury Hicks, Behrooz Vida, Brian Flick, David Yen, Wendell Sherk, Stanley Zlotoff, Jill Michaux and Nathan Juster.

Register HERE

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM Pacific (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner and Henry Sommer

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 2/7

Check Out the Midweek Headlines…

District Court Reassesses Evidence of Undue Hardship

Consumer Advocates Explain Crucial Public Interest in a Strong Consumer Financial Protection Bureau

New Jersey: Including a Phone Number on Initial Letter Does Not Violate the FDCPA

Debtor Awarded $5,000 for each Day he was Incarcerated Where Ex-Wife Proceeded with Post-petition Civil Contempt Action in Family Law Action

Connecticut Won’t Require Mortgage Servicer Licenses for Licensed Collection Agencies

Chapter 13 Debtors Must Pay All Payments under a Plan to Receive a Discharge, Including Post-petition Mortgage Payments Made Directly to Mortgagee

FTC Report Highlights Financial Issues Affecting Military Consumers

CFPB Mnuchin Presses CFPB For Answers On Equifax Hack

These US cities have the highest credit card debt

From the Web: Appeals Court to Hear Oral Arguments in Leandra English Case April 12

Canceling $1.4 trillion in student debt could have major benefits for the economy

Why Reform Is Necessary At The CFPB

Credit Reporting of “non-consumer” Debt Beginning Soon: Are you Ready?

Eighth Circuit Court of Appeals Rejects “Reasonably Foreseeable” Standard for Extent of Notice to Creditors

Decision upholds Connecticut lawyer’s suspension from practicing law in Maine

This 1 Thing Could Change How Student Loans Work For Millions Of People

Register for February’s Webinars!

Don’t Miss Tomorrow’s Webinar!

Circuit Case Law Update
Date: Thursday, February 8, 2018
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 Minutes)
Cost: Free for NACBA Members
Presenters: Jim Molleur, David Shaev, Trish Meyer, Koury Hicks, Behrooz Vida, Brian Flick, David Yen, Wendell Sherk, Stanley Zlotoff, Jill Michaux and Nathan Juster.

Register HERE

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM Pacific (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner and Henry Sommer

Register HERE

 

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

Bankruptcy News Briefs 1/30

Check Out the News Making Headlines…

Report: End-of-Year Consumer Litigation Filings Decline

NCLC / CFA 2018 Consumer Advisory: Tax Time Consumer Issues: New Risks, Old Problems

The CFPB Approach to Regulation Has It Backward

CFPB Requests Comments on its CID Process

While Mulvaney Plans To Change Philosophy Of CFPB, Debt Collection Industry May Remain Under Scrutiny

ABA to CFPB: Protect Accommodation Loan Exemption in Small-Dollar Loan Rule

Decline in Student Loan Borrowing

U.S. consumer confidence rises in January

Confirmation from Pennsylvania Superior Court: The Fair Share Act Applies to Strict Liability Cases Involving Asbestos Exposure

Right to Attorneys’ Fees for Stay Violations Extends to Appeals

Register for February’s Webinar!

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM PACIFIC (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner and Henry Sommer

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!