Student Debit

Bankruptcy News Briefs 1/29

New Week Fresh Headlines…

Consumers’ Outlook on Finances, Credit Availability Improves

7th Cir. Holds Debt Collector Violated FDCPA Despite Using Miller Safe Harbor Language

District Court Reverses Bankruptcy Court’s Discharge of Student Loans Since Debtor Failed to show that it is more likely than not that she’ll be Unable to Maintain a Minimal Standard of Living for a Significant Portion of her Loan Term

Court used FRBP 9006, Not Equitable Power, to Strike Debtors’ Amended Schedules (which had Exempted Previously Undisclosed Lawsuit)

SCOTUS: State Statute of Limitations Pauses for Federal Court

CFPB Finalizes Changes to Prepaid Accounts Rule and Extends Effective Date

Industry Groups File Responses to FCC Call Blocking Notice

President Trump Submits Four FTC Nominations to U.S. Senate

Personal finance: Is there such a thing as a debtor’s prison?

Court Applied Chapter 11 Principle to Deny Chapter 13 Debtor a Second Chance to Cure Balloon Mortgage

Opinions: How Mick Mulvaney is dismantling a federal agency

Court Won’t Let Bank of America “Buy and Bury” Judgment Against It

CFPB Retrospective—Five Enduring Lessons, Even After Cordray’s Departure

Instead of ‘pushing the envelope,’ Mulvaney is mailing it in at CFPB

How Student Loans Are Killing Homeownership

Western District of Wisconsin Ranks 1st in the Nation in Chapter 12 Farm Bankruptcy Filings in 2017.

Limiting Ponzi Scheme Recoveries in Bankruptcy: United States Supreme Court Declines to Review Fraudulent Transfer Ruling in Favor of Bank

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!

Bankruptcy News Briefs 1/24

Check Out Midweek Headlines…

Court Denied Debtor’s Motion to Reopen Case to Add Omitted Creditors since it would be Futile and a Waste of Judicial Resources

Debtor’s Product Liability Claim Arising out of Pre-petition Hip Replacement was Not Property of the Estate

U.S. Supreme Court Declines to Hear Case Challenging the Seventh Circuit’s Treatment of Letters Seeking Collection of Out-of-Statute Debt

FTC Acting Chairman Reports on Small Business Guidance, Regulatory Reform Efforts

Three key changes for bankruptcy procedures in 2018

U.S. Department of Justice Responds to CFPB Deputy Director’s Motion

The IRS’s ability to deny or revoke the Passports of Taxpayers with significant tax debts is one of the Most Serious Problems Encountered by Taxpayers

CFPB Appeal To Unseat Mulvaney Gets Expedited

7th Circuit says debt collectors cannot simply copy and paste safe harbor language

Bankruptcy Court Holds Credit Union Policy Does Not Violate Discharge Injunction

U.S. District Court for the Southern District of Florida Narrows the Definition of Borrower Under RESPA

Mulvaney Suggests Debt Collection Rules May Be Coming

Under Trump Appointee, Consumer Protection Agency Seen Helping Payday Lenders

Harris, Democratic Colleagues Raise Concerns Over Private Debt Collectors in Higher Education

Getting Private Collection Agencies Out of Federal Student Loans

Is the US consumer in big trouble?

Don’t Miss Today’s Webinar!

How to Raise and Support a Request to Increase the Chapter 13 Flat Fees in Your District.
Date: Thursday, January 25, 2018
Time: 3:00 PM Eastern / 12:00 PM PACIFIC (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Pam Stewart and Edward Boltz

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 1/23

Take a Moment to Dive Into Tuesday’s Headlines…

Social Security Income payable to Debtor’s Mother who lived with him Could Not Included in Debtor’s Disposable Income Calculation

Bank Could not Recover its Law Firm’s Fees and Expenses to Set Aside Post-Petition Foreclosure Sale under Fed. R. Bankr. Proc. 3002.1

Tears Over QE And U.S. Household Debt Problem

U.S. Senate, House End Partial Government Shutdown with Bipartisan Votes

ACA International Files Amicus Brief with Court of Appeals in Case Combatting TCPA Abuse Trend of ‘Unreasonable Revocation of Consent Methods’

Expensive loans in California can force you into bankruptcy!

CFPB Deputy Director Files Emergency Motion to Expedite Appeal

Student Loans In Crisis As Two In Five Likely To Default

New Mexico’s Study on Balance Medical Billing Echoes National Concerns

E.D.N.Y. Decides “Settlement May Have Tax Consequences” is an Acceptable 1099C Disclosure

On Second Thought…CFPB Continues to Back Off; Dismisses Case Against Payday Lenders

Don’t Let Payday Lenders Off the Hook

CFPB Expects to Further Delay Prepaid Account Rule’s Effective Date

Projections for student loan defaults are terrifying. It’s time to act.

NACBA’s Webinar Lineup!

How to Raise and Support a Request to Increase the Chapter 13 Flat Fees in Your District.
Date: Thursday, January 25, 2018
Time: 3:00 PM Eastern / 12:00 PM PACIFIC (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Pam Stewart and Edward Boltz

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 1/17

Midweek Headlines Making News…

CFPB Announces Reconsideration of Rule for Small Dollar Lending Market

Committee Meets Today on Bill to Exempt Lawyers from FDCPA

FDCPA Caselaw Review for December 2017

Student loan debt close to reaching $1.5 trillion

Trump’s CFPB to Rewrite Rule That Cracked Down on Payday Lenders

Bankruptcy Rule Changes: What You Need to Know

Congress should vote down this harmful debt collection legislation

Supreme Court Decision Could Impact CFPB

CFPB leadership dispute rages on

How Congress is pulling the IRS off the rich — and siccing it on the poor

The IRS hired bill collectors to collect back taxes — and got ripped off

 Debt bill hurts consumers

Rep. Gonzalez’ bill would unfairly shield lawyers in debt collection cases

NACBA’s Webinar Lineup!

How to Raise and Support a Request to Increase the Chapter 13 Flat Fees in Your District.
Date: Thursday, January 25, 2018
Time: 3:00 PM Eastern / 12:00 PM PACIFIC (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Pam Stewart and Edward Boltz

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 1/12

End of the Week Headlines…

Department of ED Completes Corrective Action in Debt Collection Contract

Private IRS Collectors Waste Taxpayer Money While Squeezing Low-Income Families

Court dismisses defendants’ counterclaims against CFPB for fees and expenses

Judge Tosses Request For Injunction Against Acting CFPB Head

Student loan crisis could be worse than originally thought

Education Dept. awards debt collection contract to company with ties to DeVos

The IRS’ Private Debt Collection Program Once Again Looks Like A Failure

Prison for Bankruptcy Fraud Where Creditors Paid 100%

More seniors citizens have student loan debt

New Analysis of Student Loan Default Data

Goodbye Delaware and New York? Senate Bill Introduced That Could Significantly Impact Venue of Bankruptcy Cases

NACBA’s Webinar Lineup!

How to Raise and Support a Request to Increase the Chapter 13 Flat Fees in Your District.
Date: Thursday, January 25, 2018
Time: 3:00 PM Eastern / 12:00 PM PACIFIC (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Pam Stewart and Edward Boltz

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 11/11

Dive Into Thursday’s Headlines…

Code Does Not Entitle Trustee to Sell Free and Clear of Creditor’s Judgment Liens

Subcommittee on Financial Institutions and Consumer Credit Examines Regulatory Relief Legislation

Judge again rules for Trump administration in fight for control of CFPB

Acosta-Conniff Remanded Back to Bankruptcy Court to see to whether she has Satisfied her Burden of Proving each of the 3 Brunner elements

I.R.S. Paid $20 Million to Collect $6.7 Million in Tax Debts

Student-Loan Contractor Seeks to Throw Out Mismanagement Suit

Opinion of English v Trump

Is Record-High Consumer Debt a Good or Bad Thing?

U.S. Backs Student Loan Servicer in Lawsuit by Massachusetts

Why Would DeVos Cancel A Student Loan Rule That Works?

Prominence of Delaware bankruptcy court threatened

Beware secured creditors: The newly amended US Federal Rules of Bankruptcy Procedure now require filing a proof of claim

Feds say Healey can’t sue student loan servicer

Is This the Reason U.S. Credit Card Debt Keeps Climbing?

Don’t Miss Today’s Webinar!

Stump the Chumps!
Date: Thursday, January 11, 2018
Time: 11:30 AM Eastern / 8:30 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: James J. Haller, John C. Colwell, Ed Boltz, Gene Melchionne 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 1/10

Midweek News Briefs…

Bankruptcy Court Lacked Power to Order $375,000 in Punitive Damages

U.S. Sen. Elizabeth Warren Says CFPB Data Collection Freeze, Other Actions, are ‘Unjustified’

Court Finds that Late Filing of Tax Return does Not Automatically Bar a Debtor from Discharging a Taxes

Debtor Who Prevailed in Automatic Stay Violation Action Awarded only $406 in Total Damages Since She Neither Mitigated Damages Nor Offered Evidence of Attorneys Fees

IRS private debt-collection program hurts low-income Americans

The Bankruptcy Venue Reform Act of 2017

U.S. says Massachusetts cannot sue student loan servicer

Debt Collection Activity Alone Does Not a Debt Collector Make, According to Northern District of Illinois

Judge Was Not Kind to Collection Agency Plaintiffs in RICO Case Decision

President Trump Nominates Brendan Carr for Five-Year FCC Term

AG Pushes Collection Firm to Scrap $8.8M in Consumer Debt

CFPB Withdraws Proposal To Conduct Debt Collection Disclosure Survey

US consumer debt surges by the most in over 2 years to $3.8 trillion

Holiday Debt Hangover for U.S. Consumers

Nevada District Court Holds that a Creditor Must Have a Fully Undisputed Claim to Petition for an Involuntary Bankruptcy

Americans Borrowed More in November Amid Solid Holiday Sales

Kick Off the New Year with A New Webinar!

Stump the Chumps!
Date: Thursday, January 11, 2018
Time: 11:30 AM Eastern / 8:30 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: James J. Haller, John C. Colwell, Ed Boltz, Gene Melchionne 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 12/28

Check Out Headlines Making News…

Educational Debt in Excess of §109(e) Debt Limit is Not Cause for Dismissal or Conversion of Chapter 13 Case

Debtors Could Exempt their Mobile Home in Massachusetts under a Florida Statute, which the Court found to be Extraterritorial

Narrow bankruptcy laws make it nearly impossible to discharge student debt

Americans have more credit cards – and more debt says CFPB

Northern District Of New York: No FDCPA Violation Where Pre-Judgment Interest Not Disclosed In Collection Letters

CFPB adjusts HMDA data collection, TILA mortgage escrow thresholds

SDNY Bankruptcy Court Chimes in on Bankruptcy Court’s Jurisdiction to Consider Third-Party Releases

CFPB plans to further delay prepaid rule

Many Americans don’t have a plan to pay off their debts

Fifth Circuit Claims Loan Modification Communications Are Not Debt Collection Activities Under TDCA

Court Holds that Bankruptcy Judges Cannot Impose Punitive Sanctions

Beware secured creditors: The newly amended US Federal Rules of Bankruptcy Procedure now require filing a proof of claim

Kick Off the New Year with A New Webinar!

Stump the Chumps!
Date: Thursday, January 11, 2018
Time: 11:30 AM Eastern / 8:30 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: James J. Haller, John C. Colwell, Ed Boltz, Gene Melchionne 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 12/26

Missed Headlines Last Week? Catch Up Today!

BAP: Bankruptcy Court Did Not Err in Sanctioning Ocwen $119,000 for Willful Discharge Violation but Did Err by Holding that it Lacked Authority to Award Punitive Damages

Total Bankruptcy Filings Increase in November

Minimum Percentage Paid to Unsecured Creditors is Not a Factor in Determining Reasonable of Chapter 13 Counsel’s Fees

FTC Issues Reminder to Consumers on Stopping Robocalls as Legitimate Businesses Calls Continue to Get Improperly Blocked and Labeled

Traffic Fines Not Given Priority in Chapter 13

Fourth Circuit Side-Steps Retirement Contribution Issue

Education Department Rolls Back Relief to Defrauded Corinthian Colleges Students

New Bankruptcy Rules that Creditors Need to Know and Follow

Banking Lobbyists Back FCC Petition to Shield Companies from Penalties for Text Messaging Consumers

CFPB’s Updated Timeframe for Debt Collection Rulemaking Unlikely as New CFPB Leadership Signals a Stall

Tax Sale Can be Redeemed Through Chapter 13 Plan

FDCPA Caselaw Review for November 2017

Northern District of NY Agrees with Debt Collector: Pre-Judgment Interest Does Not Trigger Avila Disclosure Requirements

E.D.N.Y. Rips Into Plaintiffs’ Bar on Reverse Avila Claims

The conflict over the CFPB and what it means for the future

Under New Leadership, CFPB Withdraws Proposed Debt Collection Disclosure Survey

What 2017 meant for student loan borrowers

Student Loan Debt Is The Gift That Keeps Giving

Bankruptcy Court Lacked Power to Issue Punitive Sanctions

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 with the Early Bird Rate!

Kick Off the New Year with A New Webinar!

Stump the Chumps!
Date: Thursday, January 11, 2018
Time: 11:30 AM Eastern / 8:30 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: James J. Haller, John C. Colwell, Ed Boltz, Gene Melchionne and Henry Sommer

Register HERE

Remember to Renew Your NACBA Membership for 2018!

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!