Student Loans

Bankruptcy News Briefs 3/8

Upcoming NACBA Events

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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!

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

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Register Today for Two New NACBA Webinars in March!

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!

NACBA Membership Promotion!

Bankruptcy News Briefs 3/6

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Debt collection, impostor scams top consumer complaints

Transunion’s Failure to Mention that “Charged off” Debt was subject to Bankruptcy proceedings could make Credit Report Misleading or Inaccurate

How changes to bankruptcy code could affect your student loans

1 in 4 Americans struggle with unpaid medical bills

Chapter 13 Debtor Beats Trustee’s Demand for her Earned Income and Child Tax Credits

Debt Collector Granted Summary Judgment In FDCPA Case

Does “Act” Mean Also a Failure to Act?

The Geography of Medical Debt

States With the Most Past-Due Medical Debt

What Do You Mean My Claim Is Capped? Ninth Circuit Ruling Further Clarifies Types Of Damages Excluded From A Landlord’s Claim In Bankruptcy

More of this year’s tax refund will pay down debt

How To Demolish Your Student Loans With Student Loan Forgiveness

Upcoming NACBA Events

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Register Today for Two New NACBA Webinars in March!

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!

NACBA Membership Promotion!

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

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Register Today for Two New NACBA Webinars in March!

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!

NACBA Membership Promotion!

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

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Register Today for Two New NACBA Webinars in March!

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!

NACBA Membership Promotion!

Bankruptcy News Briefs 2/28

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Validation Notice Including Request For Payment And Identifying Creditor By Acronym Does Not Violate FDCPA

Trump administration aims to strip power from CFPB

Credit Access Grows in Credit Card, Auto and Personal Loan Markets

Pollack & Rosen accused of using deceptive acts to collect alleged debt

NAFCU to CFPB: Pull credit unions out from under your authority

Wells Fargo to Settle Two Separate TCPA Class Actions Totaling Over $17.7M

Trump is right: Student loan debt an ‘albatross’ on families, young people

What’s Yours is Mine and What’s Mine is For the Benefit of My Creditors: Bankruptcy Courts Remain Reluctant to Impose Constructive Trusts on Debtor Property

Upcoming NACBA Events

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Register Today for Two New NACBA Webinars in March!

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!

NACBA Membership Promotion!

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

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Save the Date! New NACBA Webinar in March

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!

NACBA Membership Promotion!

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

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Save the Date! New NACBA Webinar in March

Receive a $25 Amazon Gift Card!

NACBA Membership Promotion!

#NACBA25 Highlight

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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:

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.

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