student loan debt

Bankruptcy News Briefs 3/16

Preferential Transfer Governed by Date Garnished Wages Earned

CFPB Proposes Six-Month Delay in Prepaid Card Rule Effective Date

Wells Fargo’s Sale of Marital Home a Day After Wife filed Chapter 13 did Not Violate Stay since she had “No Protecable Interest” in Home

CFPB Issues Monthly Complaint Snapshot On Credit Reporting

PHH Files Opening En Banc Brief in Case v. CFPB; So Do 7 Organizations

TCPA Case Law Review for February 2017

CFPB officially hits Nationstar with $1.75 million fine for HMDA violations

IRS Opposes Granting of Certiorari in Cases Addressing Definition of Return

MORE THAN HALF OF PARENTS WHO COSIGNED STUDENT LOANS STRUGGLE FINANCIALLY

Upcoming NACBA Events

1 Day Left to Receive the Early Bird Rate! Register Today!

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 for the Early Bird Rate that ends March 17th, 2017 for savings!

Register for Today’s Webinar!

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What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Register HERE

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

Bankruptcy News Briefs 3/14

New Data: More Than 1.1 Million Federal Student Loan Defaults in 2016

Student Loan Guarantor Agency Not Liable for Collector’s Alleged TCPA Violations

Massachusetts Appellate Division: A Debt Buyer is a Debt Collector Under MA Law

PHH urges Court of Appeals to kill CFPB

Why the Consumer Financial Protection Bureau Is in Danger

Credit Card Debt Tops $15,000 in More Than Half of US Households

Study: Household Credit Card Debt Continues to Approach Post-Recession Records

5th Circuit: Creditor’s Garnishment of Wages during 90-day Preference Period is Avoidable Even if Garnishment was Served Prior to that Period.

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 for the Early Bird Rate that ends March 17th, 2017 for savings!

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What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Register HERE

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

Bankruptcy News Briefs 3/9

FDCPA Case law Review for February 2017

ACA International to File Brief in PHH Case

Court Dismissed Student Loan Debtors’ Class Action since Notes Contained Arbitration Clause and Class Action Waiver

CFPB Office of Consumer Response Reviews Changes to Complaint Database During Recent CAB Meeting

Consumers’ Credit Card Balances Contribute to Overall Decline in Borrowing

49 Call Attempts in 18 Days with No Evidence of Intent to Harass = No FDCPA Violation

Online Lender Wins Motion to Compel Arbitration and Avoids Nationwide Consumer Class Action

Doubling Down on Criticism of CFPB

Economists: Hawaii has the second-highest consumer debt in the nation

Debt, ID theft still consumer hot-buttons

Lawmakers Try Again To Close Loophole Allowing Government To Make Debt-Collection Robocalls

Fourth Circuit Hands Victory to Lenders in Chapter 13 Mortgage Case

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 for the Early Bird Rate that ends March 17th, 2017 for savings!

Register Today for Two New NACBA Webinars in  March!

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10 Critical Numbers That Will Determine the Success or Failure of Your Law Firm
Date: Tuesday, March 14, 2017, 2:00 PM-3:00 PM ET
Presented by: Stephen Fairley, The Rainmaker Institute
Cost: No Fee – NACBA Member Benefit
Register HERE

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Register HERE

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

Bankruptcy News Briefs 3/7

SCOTUS Poised to Decide Whether Debt Buyers Are Subject to the FDCPA

Attorneys need to understand the Fair Debt Collections Practices Act

Massachusetts joins amicus brief in Supreme Court case related to debt buyers

Motion Filed by U.S. Seeking Leave to File Amicus Brief by March 17 Signals Support for PHH

House Passes Rule That Would Require OMB Review of New CFPB Rules

Consumer debt and identity theft back on annual complaints list

Mortgage Servicer Defeats Class Certification Over Collection Practices Allegedly Targeting Discharged Mortgage Debts

Student Loan Troubles Growing Among Illinois Consumer Woes

Americans increasingly accumulate the wrong kinds of debt

Consumer alleges AFNI repeatedly called to collect discharged debt

Student loan debt bubble expands

CFPB, Dodd-Frank reforms won’t happen soon, CFPB expert says

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 for the Early Bird Rate that ends March 17th, 2017 for savings!

Register Today for Two New NACBA Webinars in  March!

NACBA Webinars Web Banner (1)

10 Critical Numbers That Will Determine the Success or Failure of Your Law Firm
Date: Tuesday, March 14, 2017, 2:00 PM-3:00 PM ET
Presented by: Stephen Fairley, The Rainmaker Institute
Cost: No Fee – NACBA Member Benefit
Register HERE

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Register HERE

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

Bankruptcy News Briefs 3/2

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DC Court Rules CFPB Structure Unconstitutional

Complaints against Wells Fargo, other banks rise on CFPB log targeted by Congress

ACA Releases New White Paper Disputing the Consumer Financial Protection Bureau’s Survey Report on Consumer Experiences with Debt Collection

Debt Collectors Sued for Not Assessing Interest . . . Seriously?!?

Freddie Mac Hits 10-year Low Delinquency Rate

Vote on GOP Dodd-Frank reform bill likely delayed until summer

Student loan provider Navient intends to defend against suits brought by US, Illinois, Washington

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 for the Early Bird Rate that ends March 17th, 2017 for savings!

Register Today for Two New NACBA Webinars in  March!

NACBA Webinars Web Banner (1)

10 Critical Numbers That Will Determine the Success or Failure of Your Law Firm
Date: Tuesday, March 14, 2017, 2:00 PM-3:00 PM ET
Presented by: Stephen Fairley, The Rainmaker Institute
Cost: No Fee – NACBA Member Benefit
Register HERE

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Register HERE

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 January 2017 through July 2017. Renew Today!

Bankruptcy News Briefs 3/1

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Collection Letter Containing Check Box to Dispute Debt Created Potential FDCPA Claims, Federal Court Rules

ACA International Publishes Dispute of CFPB Consumer Survey

Debt Collection Complaints Decline to Start 2017

Illinois AG Cracking Down on Fraud in the For-Profit College Industry

CFPB Mortgage Complaints Hold Steady

American Consumer Debt Over $4.1 Trillion – Last Debt Bubble Peak was at $2.5 Tn

Could the $1.3T of College Debt Spark the Next Financial Crisis?

Household Borrowing Accelerates at Year-End

Judge certifies NY class action over big debt collector’s high rates

Illinois Appellate Court Holds that the Statute of Limitations for TILA Counterclaims to Debt Collection Actions is not Indefinite

Consumer Financial Protection Bureau snapshot spotlights credit reporting complaints

Price of Admission: Student-Loan Debt and the Burden on Parents

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 for the Early Bird Rate that ends March 17th, 2017 for savings!

Register Today for Two New NACBA Webinars in  March!

NACBA Webinars Web Banner (1)

10 Critical Numbers That Will Determine the Success or Failure of Your Law Firm
Date: Tuesday, March 14, 2017, 2:00 PM-3:00 PM ET
Presented by: Stephen Fairley, The Rainmaker Institute
Cost: No Fee – NACBA Member Benefit
Register HERE

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Register HERE

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 January 2017 through July 2017. Renew Today!

Bankruptcy News Briefs 2/23

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CFPB Requests Information on Proposed Student Loan Data Initiative

Defending the CFPB

CFPB’s First Jury Trial to Test Agency Overreach

Woman claims debt collector filed suit in different county to coerce her into paying alleged debt

Consumer Activists Decry Bill to Limit Class-Action Lawsuits

Bankrupt Single Mom Can Get Rid of Student Loans

Lawyers Lose $100,000 Award Despite Bankrupt Client’s Lie

Application of Bankruptcy Law to Internet Assets

Black Knight Financial Releases Latest Foreclosure Findings

 NACBA Membership Promotion! Have you Renewed Your Membership?

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 January 2017 through July 2017. Renew Today!

 

 

 

Receive a $25 Amazon Gift Card When You Refer a New Member to NACBA!

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!

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 for the Early Bird Rate that ends March 17th, 2017 for savings!

Save the Date! New NACBA Webinar in  March

NACBA Webinars Web Banner (1)

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Registration opens soon

Bankruptcy News Briefs 2/22

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BAP Takes Realistic Approach to Undue Hardship Analysis

Court Holds Collection Calls to a Wrong Person’s Home Phone are not a TCPA Violation

Industry Group Tells CFPB to Support Consumer’s Right to Financial Data Access; Don’t Forget Accounts in Collection!

Bill Seeks Changes in CFPB Funding Source

Can this small Texas bank jump in on PHH’s fight with the CFPB?

The CFPB has a database with 700,000 consumer complaints

Consumer alleges debt collector broke law

All bills targeting student debt fail this session

Stanislaus Credit Control accused of attempting to collect discharged debt

Federal Reserve Bank Of New York: Consumer Credit Is Deteriorating

Bankruptcy Is Not A Borrower Antidote For Loan “Default Interest”

Individual States Try to Address Student Debt

Student Loan Debt Still Tops Credit Card Debt In America

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 for the Early Bird Rate that ends March 17th, 2017 for savings!

Save the Date! New NACBA Webinar in  March

NACBA Webinars Web Banner (1)

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Registration opens soon

 

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 January 2017 through July 2017. Renew Today!

 

 

 

Bankruptcy News Briefs 2/21

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National Consumer Law Center Statement on Appellate Court Order to Vacate and Review Questionable Decision on Trump Power over Consumer Watchdog

Court Denies “Comfort Order” to File Late POC

Legislation to Change CFPB Budget Oversight Returns to Congress

Petitioners Seek Prior Express Written Consent for All Autodialed Calls to Cell Phones Under the TCPA

Appeals Court to Rehear Constitutionality of Consumer Protection Bureau Structure

Hensarling compares CFPB to a tyranny

Texas lawmaker wants to send ‘zombie debt’ to the grave

American Debt Set to Pass Financial Crisis High. 3 Reasons Not to Panic, Yet

Keepin’ It Classy: Court Certifies Class-Action for Alleged FDCPA Violations

The TCPA and Risk of “Sabotage Liability”

Breakaway Senate Dems push student debt relief in New York State budget

Court Rejects Lender’s Objection to Payment of Debtor’s Counsel’s Fees and Expenses from Pre-Petition Retainer

Mortgage Delinquency Reaches Plateau

Student Loan Debt In 2017: A $1.3 Trillion Crisis

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 for the Early Bird Rate that ends March 3rd, 2017 for savings!

Save the Date! New NACBA Webinar in  March

NACBA Webinars Web Banner (1)

What to do: Post HAMP for Mortgage Borrower Clients
Date: Thursday, March 16, 2017, 3:00 PM Eastern to 4:00 PM Eastern.
Presented by: Marc Dann Esq., and Bobby Rivera Esq.
Registration opens soon

 

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 January 2017 through July 2017. Renew Today!

 

 

#NACBA25 Highlight

nacba25

Friday, May 5th

4:15 PM- 5:30 PM

Not all student loan debt is created equal. Enhance your practice by assisting new and past clients with student loan debt. In “Debunked: Dischargeability of Student Loans,” Bethany Lape and Austin Smith explore recent case law that challenges this well-known myth and common scenarios that you will encounter. You will learn how to simplify the process with a new tool in Best Case® Bankruptcy which can help identify next steps using built-in tools and documents. Plus, review the Jurisdictional Scorecard™ to learn the likelihood of discharging student loan debt in your area.

More About Our Presenters:

avatar for Bethany Lape

Bethany Lape

Bethany Lape is the Director of Products at CINgroup and has worked for over ten years to provide products and services for both bankruptcy attorneys and debtors.  The problem of student loan debt has been of particular interest to her, and she has been passionate about developing a tool to help attorneys find solutions for their clients. Bethany believes bankruptcy attorneys will play an essential role in resolving the student loan debt epidemic.

avatar for Austin Smith

Austin Smith

Austin Smith is a litigator who focuses on discharging private student loans in bankruptcy.  Smith’s article, The Misinterpretation of 11 USC 523(a)(8), was foundational in articulating the proper scope and application of the student loan non-dischargeability provision of the Bankruptcy Code, and its arguments and reasoning have been adopted by bankruptcy courts all across the country.  Smith’s work on behalf of debtors has been profiled by the Wall Street Journal, NPR, ABC News, Fox News, The Financial Times, the National Law Journal, the American Bankruptcy Institute, and more.

Register for These Great Sessions & More at NACBA25