Student Loans

Bankruptcy News Briefs- 2/13

Check out the following news briefs…

Bankruptcy Court Highlights Broader Discharge Provisions in Chapter 13 and Finds that Converting a Case from 7 to 13 to Utilize the Broader Discharge is Not Bad Faith.

Economics Review: The Impact of Student Debt on High Value Entrepreneurship and Venture Success: Evidence from No-Loans Financial Aid Policies

Economics Review: Behavioral Effects of Student Loan Repayment Plan Options on Borrowers’ Career Decisions: Theory and Experimental Evidence

E.D.N.C- U.S. v. Boykin: Vacatur of Lower Court Order as Moot: ACA Claim as Penalty or Tax

Compliance With FCRA’s Requirement To Investigate A Dispute Within 30 Days Does Not Satisfy The FDCPA’s Requirement To Promptly Report A Disputed Debt

America’s Debt Debacle: Why are so many consumers behind on their auto loans?

Protect Retirement Funds From IRS, Taxpayer Advocate Implores

REGISTER FOR NACBA’S UPCOMING LIVE WEBINARS!

Circuit Case Law Update
Date: February 21, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: Free for NACBA Members  / $75 Non Member
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

Join us for a discussion of the most interesting recent cases from each federal circuit led by the NACBA Circuit Leader for each circuit. Stay on top of the most interesting cases from across the country.

Chapter 13 Attorney Fees
Date: March 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Edward Bolts Esq. & James Haller, Esq.
Register HERE

How to get paid prior to secured creditors and for work performed at the end of the case.

Why You Should Attend: You want to get paid for work done during the case in a timely manner and a fair amount.

3002.1 A Mortgage Odyssey Workshop
Date: Thursday, March 21 AND Friday March 22, 2019
Time: 3:00 PM EST to 6:00 PM EST – BOTH DAYS
Cost: $99 Member / $149 Non Member
Presenters: Marc Dann, Esq., John Rao, Esq., Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The Panel will discuss:

1) Introduction to 3002.1
a. Requirements for lenders
b. Forms that must be used
c. Information that must be disclosed
d. Changes to 3002.1 effective December 1, 2018

2) Use of 3002.1 in bankruptcy court to challenge fees and payment changes
a. Example cases and briefs
b. Results for clients and
c. Attorneys fees for debtor’s counsel

3) Use of 3002.1 along with other rules (e.g. Reg X) to bring suits against mortgage companies outside of bankruptcy court.
a. FDCPA
b. FCRA
c. TILA
d. RESPA

Why You Should Attend: You want to earn additional attorneys fees reviewing all of those mortgage payment changes. Join our panel to find out how.

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Bankruptcy News Briefs- 2/12

Tuesday’s news briefs are…

Bankruptcy Court Denies USA’s Blanket Request for Tolling of Deadlines During Lapse of Appropriations

FTC freezes debt collectors seeking payment of ‘phantom’ debts

Federal Court in Texas Finds No Confusion Over Letter with Same Account Number for Two Separate Medical Debts

OCC Issues Statement in Support of Proposed Revisions to CFPB Payday Loan Rule

CFPB Proposes Revisions to Small-Dollar Loan Rule

House Financial Services Committee Asks CFPB for Information on No Restitution Settlements

This is the real reason most Americans file for bankruptcy

Is this the way to curb student loan defaults?

REGISTER FOR NACBA’S UPCOMING LIVE WEBINARS!

Circuit Case Law Update
Date: February 21, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: Free for NACBA Members  / $75 Non Member
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

Join us for a discussion of the most interesting recent cases from each federal circuit led by the NACBA Circuit Leader for each circuit. Stay on top of the most interesting cases from across the country.

Chapter 13 Attorney Fees
Date: March 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Edward Bolts Esq. & James Haller, Esq.
Register HERE

How to get paid prior to secured creditors and for work performed at the end of the case.

Why You Should Attend: You want to get paid for work done during the case in a timely manner and a fair amount.

3002.1 A Mortgage Odyssey Workshop
Date: Thursday, March 21 AND Friday March 22, 2019
Time: 3:00 PM EST to 6:00 PM EST – BOTH DAYS
Cost: $99 Member / $149 Non Member
Presenters: Marc Dann, Esq., John Rao, Esq., Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The Panel will discuss:

1) Introduction to 3002.1
a. Requirements for lenders
b. Forms that must be used
c. Information that must be disclosed
d. Changes to 3002.1 effective December 1, 2018

2) Use of 3002.1 in bankruptcy court to challenge fees and payment changes
a. Example cases and briefs
b. Results for clients and
c. Attorneys fees for debtor’s counsel

3) Use of 3002.1 along with other rules (e.g. Reg X) to bring suits against mortgage companies outside of bankruptcy court.
a. FDCPA
b. FCRA
c. TILA
d. RESPA

Why You Should Attend: You want to earn additional attorneys fees reviewing all of those mortgage payment changes. Join our panel to find out how.

SAVE THE DATES #NACBAPR

Join us in San Juan from December 7-9, 2019!

 

Bankruptcy News Briefs- 2/05

The first news brief of February includes…

Student Loan Debt Growth Fastest Among Boomers

CFPB enters into settlement with off-shore lenders

What to Do If You Thought You Had Repaid Your Student Loans — And Then Get New Bills

Seniors, too, are drowning in student loan debt

Millennial Money: Student loan default can gut your paycheck

CFPB Seeks Approval For Debt Collection And Household Balance Sheets Surveys

Triple-Whammy Petition Before U.S. Supreme Court: Written Requirement for Disputes, Reason for Dispute, and Whether “Least Sophisticated Consumer” is a Question of Law or Fact

CFPB Publishes Informal Guidance on the TRID Rule

SPECIAL REPORT: Life or debt? Medically bankrupt

DON’T MISS NACBA’S UPCOMING LIVE WEBINARS!

Real Life and Real Mods After HAMP
Date: February 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: O. Max Gardner III Esq., James Haller, Esq. & Bobby Riveria.
Register HERE

This webinar will cover:

  • The role of the following parties in the 2019 Mod World:
  • The GSE (Fannie, Freddie and Ginnie)
  • The Private Label Deals
  • Trustee
  • Master Servicer
  • Primary Servicer
  • Default Servicer
  • Non-Performing Loans and Hedge Funds
  • Review of Real SPS Deal
  • Targets
  • Waterfalls
  • Forbearance
  • Forgiveness
  • Balloons
  • Junk Fees
  • Loan Term
  • APR

Why You Should Attend: You need to know what options your clients have to modify their mortgages under existing law.

Chapter 13 Attorney Fees
Date: March 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Edward Bolts Esq. & James Haller, Esq.
Register HERE

How to get paid prior to secured creditors and for work performed at the end of the case.

Why You Should Attend: You want to get paid for work done during the case in a timely manner and a fair amount.

 

Bankruptcy News Briefs- 1/31

It’s the final day of January 2019! Read the end of the month’s briefs below…

Fight back against tax identity theft

Virginia selects state’s 1st student loan debt advocate

Americans in these cities having hardest time repaying student loan debt

Beer company will shell out $1 million to help pay off student loan debts

Fall behind on your student loans? You could lose your license to work. Texas lawmakers want to change that.

What utility’s bankruptcy could mean for climate, victims

Former Employees In Debt After Company Bankruptcy Leaves Medical Bills Unpaid

Changes to Senior Leadership at CFPB Announced

Retailer enters US$11 million settlement with CFPB and New York Attorney General for store credit card practices

CFPB Announces $1 Settlement With Military Pension-Advance Broker

DON’T MISS NACBA’S UPCOMING LIVE WEBINAR!

Real Life and Real Mods After HAMP
Date: February 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: O. Max Gardner III Esq., James Haller, Esq. & Bobby Riveria.
Register HERE

This webinar will cover:

  • The role of the following parties in the 2019 Mod World:
  • The GSE (Fannie, Freddie and Ginnie)
  • The Private Label Deals
  • Trustee
  • Master Servicer
  • Primary Servicer
  • Default Servicer
  • Non-Performing Loans and Hedge Funds
  • Review of Real SPS Deal
  • Targets
  • Waterfalls
  • Forbearance
  • Forgiveness
  • Balloons
  • Junk Fees
  • Loan Term
  • APR

Why You Should Attend: You need to know what options your clients have to modify their mortgages under existing law.

TOMORROW IS THE FINAL DAY TO REGISTER FOR NACBA’S HILL DAY 2019!

*DEADLINE TO REGISTER IS FEBRUARY 1, 2019*

Please note: Participants in NACBA’s Hill Day will receive a $100 discount off NACBA’s 27th Annual Convention registration taking place May 16-19, 2019 in Cleveland, OH.

Register now!

Bankruptcy News Briefs- 1/24

Today’s bankruptcy and consumer news includes

Bankruptcy Court Says Call First Before Seeking Attorney’s Fees

Yet Another 1692g “In Writing” Case Denied Dismissal in E.D. Pa.

Non-Judicial Foreclosure and the FDCPA: How the Supreme Court’s Looming Decision in Obduskey v. McCarthy & Holthus LLP Could Affect Law Firms and Collections Agencies Alike

New York Mandates New Consumer Protections for Relatives of Deceased Debtors

National Do Not Call Registry offline until shutdown resolved

This New Student Loan Employment Benefit Is Making Waves

Fed launches new article series; first issue focuses on student loans

DON’T MISS NACBA’S UPCOMING LIVE WEBINARS!

Real Life and Real Mods After HAMP
Date: February 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: O. Max Gardner III Esq., James Haller, Esq. & Bobby Riveria.
Register HERE

This webinar will cover:

  • The role of the following parties in the 2019 Mod World:
  • The GSE (Fannie, Freddie and Ginnie)
  • The Private Label Deals
  • Trustee
  • Master Servicer
  • Primary Servicer
  • Default Servicer
  • Non-Performing Loans and Hedge Funds
  • Review of Real SPS Deal
  • Targets
  • Waterfalls
  • Forbearance
  • Forgiveness
  • Balloons
  • Junk Fees
  • Loan Term
  • APR

Why You Should Attend: You need to know what options your clients have to modify their mortgages under existing law.

Chapter 13 Attorney Fees
Date: March 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Edward Bolts Esq. & James Haller, Esq.
Register HERE

How to get paid prior to secured creditors and for work performed at the end of the case.

Why You Should Attend: You want to get paid for work done during the case in a timely manner and a fair amount.

Bankruptcy News Briefs- 1/23

Take some time to read the following headlines

An Open Letter to the CFPB: Court Rulings on Validation Notice Hurt Consumers and Collectors

Changes On Deck For The CFPB’s Payday Lending Rule

CFPB Director Seeks Authority over Military Lending Act Compliance

Retirees Face New Challenge: Mounting Student Debt

Chairwoman Waters Outlines House Financial Services Committee’s Agenda: Priorities Include Financial Innovation

PG&E secures $5.5 billion in credit, braces for anticipated two-year bankruptcy

Student debt closing the door on millennial home ownership

REGISTER NACBA’S LIVE WEBINAR TOMORROW!

Our Prayer for the Blessed Resurrected Exemption: Invoking and Asserting Exemptions in Reopened Cases
Date: January 24, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Debrah DeMack Esq., Billy Brewer ESQ. & James Haller, Esq.
Register HERE

The panel will discuss the law, procedures and give advice on how best to represent a client who has an omitted asset and needs to reopen their case. The panel will discuss the possible challenges to claiming exemptions including excusable neglect and share their documents and experience fighting them.

Why You Should Attend: We all have (or will have) clients that call us after a bankruptcy is closed with an omitted asset. We all need to know what the state of the law is and how to best protect your client and the missing asset.

Bankruptcy News Briefs- 1/18

Before you settle into your weekend plans, read the following articles

Title Loans Aren’t Valid Deductions on Means Test Says Utah Bankruptcy Court

Elizabeth Warren Wants Wells Fargo to be Expelled From College Campuses

CFPB Defends Its Constitutionality to Ninth Circuit Panel: Will Kraninger Have a Change of Heart?

Congresswoman Maxine Waters Plans to “Undo the Harm Done” to the CFPB

9 Student Loan Tax Tips For 2019

34 Devastating Stories About How People Are Still Crushed By Medical Debt

Waiving or Forfeiting the Right to Arbitrate—Recent Cases Tackle Issue

Lack of Settlement Payment Due Date Raises Issues in E.D. Wisc., “Promptly” is Not Enough

DON’T MISS NACBA’S UPCOMING LIVE WEBINARS!

Our Prayer for the Blessed Resurrected Exemption: Invoking and Asserting Exemptions in Reopened Cases
Date: January 24, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Debrah DeMack Esq., Billy Brewer ESQ. & James Haller, Esq.
Register HERE

The panel will discuss the law, procedures and give advice on how best to represent a client who has an omitted asset and needs to reopen their case. The panel will discuss the possible challenges to claiming exemptions including excusable neglect and share their documents and experience fighting them.

Why You Should Attend: We all have (or will have) clients that call us after a bankruptcy is closed with an omitted asset. We all need to know what the state of the law is and how to best protect your client and the missing asset.

Real Life and Real Mods After HAMP
Date: February 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: O. Max Gardner III Esq., James Haller, Esq. & Bobby Riveria.
Register COMING SOON

This webinar will cover:

  • The role of the following parties in the 2019 Mod World:
  • The GSE (Fannie, Freddie and Ginnie)
  • The Private Label Deals
  • Trustee
  • Master Servicer
  • Primary Servicer
  • Default Servicer
  • Non-Performing Loans and Hedge Funds
  • Review of Real SPS Deal
  • Targets
  • Waterfalls
  • Forbearance
  • Forgiveness
  • Balloons
  • Junk Fees
  • Loan Term
  • APR

Why You Should Attend: You need to know what options your clients have to modify their mortgages under existing law.