Student Loans

Bankruptcy Briefs 9/20/14

Man sentenced to prison for hiding assets in bankruptcy

Sidelined by disability and saddled with student loans

“Public Assistance Benefit” Not Tied to Wealth of Debtor

Former ‘Next’ Singer RL Files For Bankruptcy

Household Net Worth Has Rebounded

Collection Company Agrees to $2.75M TCPA Lawsuit Settlement

Judge weighing oil company bankruptcy settlement

Companies turn to Delaware to survive bankruptcy

Bank for Sale – Involuntary Petition Against Bank Holding Company Sustained

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Bankruptcy Briefs 9/19/14

Would a GOP Senate foretell change for consumer agency?

New York State and City Join Effort to Shield Stabilized Leases

A Snowball Soon to be an Avalanche: Student Debt and Older Americans

Another Article Encouraging Those Considering Bankruptcy to contact NACBA. Is your membership current?

Banks Seek Exit from Robo-Signing Enforcement Order

Court Denies Administrative Priority Status to Seller Whose Goods Were Not Received by the Debtor

CFPB Proposes New Federal Oversight of Nonbank Auto Finance Companies

Tech Startup Vows to Make Debt Collection Smarter, Friendlier

Examiner appointed in HDG Mansur bankruptcy case

Preservation of Error and the Civil Plain Error Rule

Veteran bankruptcy lawyer Cieri to retire from Kirkland

U.S. approaching ‘sudden’ phase of bankruptcy, George Will tells Utah audience

NACBA Member Featured: Bankruptcy could save you from drowning in debt

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Bankruptcy Briefs 9/18/14

Warren Vows to Keep Pushing for Blocked Student Loan Bill

Litigation and CFPB Debt Collection Complaints Decline in August

Virginia sues 13 big banks, claiming mortgage securities fraud

Coalition to release report on student debt in state in CT

Why Perkins Loans Borrowers Should Think Twice Before Consolidating

The Link Between Draining 3s + Draining Bank Accounts

House Committee to Examine Recent Bank Settlements

Court Test Nears on Whether Bankruptcy Shields Rent-Stabilized Leases

Executive Change: Hudson Cook Adds Former CFPB Enforcement Deputy as Partner

Thomas Jefferson School of Law Gets Reprieve after Missed Bond Payment

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Bankruptcy Briefs 9/17/14

Proof of Claim Violates Discharge Injunction

Corinthian Colleges Sued by CFPB for Predatory Lending

Court announces new rules for debt collection agencies

NYU Student Lucy Parks Writes Heartbreaking Letter About Dropping Out Of College

Washington Warily Eyes Cities’ Loan-Seizure Proposals

Detroit Reaches Settlement With Largest Creditor

Hearing for “Oversight of the Financial Stability Oversight Council” to be held today

California man found guilty in $5.8 million mortgage fraud scheme

Shame to Outrage: Group Takes Action Against Student Debt Crisis

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Bankruptcy Briefs 9/16/14

Indictment for Bankruptcy Crime in Palm Beach County

Consumers’ Student Loan Debt Increases Since the Recession

Bankruptcy isn’t what it used to be

Utah is the Best State to Pay Back Student Loans, Maine is the Worst

The bankruptcy of Detroit and the division of America

American Sniper’s Widow Sues Bankrupt Training Company He Founded

Report Criticizing Dechert Stricken From Constar Court Record

Hero or bully? Bankruptcy opponents face defining choice

Calpers, Nation’s Biggest Pension Fund, to End Hedge Fund Investments

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Bankruptcy Briefs 9/11/14

House Judiciary Committee Approves Financial Institution Bankruptcy Act of 2014

Lawmakers Seek to Smooth Banks’ Path Through Bankruptcy

Credit score overhaul introduced in House

U.S. Rep. Proposes Sweeping Changes to FCRA, Including Furnisher Mandates

Homeowners steamrolled as Florida courts clear foreclosure backlog

The Government Is Probably Driving Old People Into Poverty by Trying to Collect Their Student Loans

Judge to Warden: Release Marc Dreier (For a Day)

Franchise Brands With Higher-Than-Average Default Rates

Revel Gets $90 Million Offer to Buy Closed Casino

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NACBA President Weighs-In on AP Article “Senior Americans Burdened with Student Debt”

SENIOR AMERICANS BURDENED WITH STUDENT DEBT

Rosemary Anderson of Watsonville, Calif., testifies on Capitol Hill in Washington, Wednesday, Sept. 10, 2014, before the Senate Aging Committee hearing to examine Older Americans and student loan debt. Anderson could be 81 by the time she pays off her student loans. After struggling with divorce, health problems and an underwater home mortgage, the 57-year-old anticipates there could come a day when her Social Security benefits will be docked to make the payments. Like Anderson, a growing percentage of aging Americans struggle to pay back their student debt. Tens of thousands of them even see their Social Security benefits garnished when they cannot do so. (AP Photo/Lauren Victoria Burke)

WASHINGTON (AP) — Rosemary Anderson could be 81 by the time she pays off her student loans. After struggling with divorce, health problems and an underwater home mortgage, the 57-year-old anticipates there could come a day when her Social Security benefits will be docked to make the payments.

Like Anderson, a growing percentage of aging Americans struggle to pay back their student debt. Tens of thousands of them even see their Social Security benefits garnished when they cannot do so.

Among Americans ages 65 to 74, 4 percent in 2010 carried federal student loan debt, up from 1 percent six years earlier, according to a Government Accountability Office report released Wednesday at a Senate Aging Committee hearing. For all seniors, the collective amount of student loan debt grew from about $2.8 billion in 2005 to about $18.2 billion last year.

Student debt for all ages totals $1 trillion.

“Some may think of student loan debt as just a young person’s problem,” said Sen. Bill Nelson, D-Fla., chairman of the committee. “Well, as it turns out, that’s increasingly not the case.”

Anderson, of Watsonville, California, amassed $64,000 in student loans, beginning in her 30s, as she worked toward her undergraduate and graduate degrees. She said she has worked multiple jobs — she’s now at the University of California, Santa Cruz — to pay off credit card debt and has renegotiated terms of her home mortgage, but hasn’t been able to make a student loan payment in eight years. The amount she now owes has ballooned to $126,000.

“I find it very ironic that I incurred this debt as a way to improve my life, and yet I still sit here today because the debt has become my undoing,” Anderson testified.

Despite not making payments, she’s managed to keep the education debt in good standing by getting permission to defer the payments even as the amount she owes has grown, she said.

Ed Boltz, a bankruptcy attorney in Durham, North Carolina, who is president of the National Association of Consumer Bankruptcy Attorneys, said in an interview that many of the seniors he sees with student loan debt are also struggling with challenges such a medical problems, job loss or divorce. Some, he said, went back to school with hopes of making a higher salary and that didn’t pan out, or the children they helped fund to attend school are not in a position to help the parent in return.

“They are stuck with these debts and they can’t try again,” Boltz said. “There’s no second act for them.”

The GAO found that about 80 percent of the student loan debt by seniors was for their own education while the rest was taken out for their children or other dependents. It said federal data showed that seniors were more likely to default on loans for themselves compared with those they took out for their children.

It’s unclear when the loans originated, although the GAO noted that the time period to pay back such debt can range from a decade to 25 years. That means some older Americans could have taken out the loans when they were younger and they’ve accumulated with interest, or got them later in life — such as workers who enrolled in college after a layoff in the midst of the economic downturn.

The GAO found that about a quarter of loans held by seniors ages 65 to 74 were in default. The number of older Americans who had their Social Security benefits offset to pay student loan debt increased about fivefold, from 31,000 to 155,000, from 2002 to 2013.

“As the baby boomers continue to move into retirement, the number of older Americans with defaulted loans will only continue to increase,” the GAO said. “This creates the potential for an unpleasant surprise for some, as their benefits are offset and they face the possibility of a less secure retirement.”

Typically, student loans can’t be discharged in bankruptcy. In addition to docking Social Security, the government can use a variety of tools to recoup student loans, such as docking wages or taking tax refund dollars.

Sandy Baum, a senior fellow at the Urban Institute, said these seniors having their Social Security docked likely don’t have much discretionary income and Congress should consider taking away this option. There’s a limit to how much Social Security can be docked, but some seniors are left with benefits below the poverty level, the GAO said.

“It’s not an issue that affects large numbers of people,” Baum said. “It’s a very big issue for people who are affected by it.”

Bankruptcy Briefs 9/7/14

The Broke and the Beautiful: Almost Over Edition

Lights, Camera, Bankruptcy

Shane Filan back in black after bankruptcy with autobiography and Asia Tour

Bridgeport mayor facing drug charge files for bankruptcy

Turner Grain President Dale Bartlett Files for Bankruptcy

A Plan to Fix All of America’s Detroits

5 things to know about Milwaukee church bankruptcy

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Bankruptcy Briefs 9/5/14

Better Business Bureau warns Arizona consumers about student loan consolidation service

Elizabeth Warren, in spotlight, hits ‘Late Show With David Letterman’

Judge dismisses Argosy bankruptcy case

Discussion of recent law suits filed by the Illinois Attorney General against two major student loan providers.

Tomball woman accused of hoarding collies appears in bankruptcy court

Detroit’s Bankruptcy Judge Challenges Major Creditors

AriZona iced tea brand co-founders make final pitch in NY trial

Tucson attorney appointed as federal bankruptcy judge

Mistakes to Avoid When Contemplating Bankruptcy

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NACBA Member Profile: Joshua Cohen

Based on random sampling of NACBA’s membership, the Member Profile strives to answer the question: Who are Consumer Bankruptcy Attorneys? It looks at a variety of economic and demographic characteristics, as well as, business practices and “war stories.” NACBA is and always will be your “Your Practice Partner!”

Allow us to introduce, our “Practice Partner,” Attorney Joshua Cohen of Vermont,  NACBA Member since January 2012.

Joshua Cohen is a solo practitioner whose practice is based in West Dover, Vermont. A graduate of Quinnipiac University School of Law, Josh spent two years as a law clerk at the Consumer Law cohenGroup, a private law firm dedicated to consumer issues. There Josh worked on FDCPA and FCRA issues. During law school, Josh interned at Connecticut Legal Services working on the Consumer Law Project for Elders. In November 2008, Josh went solo, starting his own consumer law firm, which included working on student loan issues. Within a year, Josh had a unique focus on student loan law and within 18 months nearly 90% of his cases involved student loans. Josh has given numerous trainings on student loan law, including CLE and webinar courses for NACBA, NACA, NCLC, and bar associations in Connecticut and Oklahoma as well as legal aid in New Jersey and Vermont. Demand for student loan law is so high that Josh now runs a Workshop to teach consumer attorneys how to help clients with student loan issues. Josh has filed numerous cases, both individual and class actions, against the student loan industry, including companies like Sallie Mae, Citibank, General Revenue Corporation, Van Ru, Enterprise Recovery Systems, Immediate Credit Recovery and GC Services. Josh holds a BA in Psychology from Brandeis University and an MBA from the University of Phoenix. He is a member of the Connecticut and Vermont State Bars, as well as, the Federal Districts of Connecticut and Vermont.

Most challenging case:

My most challenging case was early on in my legal career, having been retained just 3 months after being admitted to the bar. It was a student loan issue. My client was denied a forbearance when she should not have been which led to her loan defaulting and a huge domino effect. It took three years, but resolution was finally reached. It was a claim based on State law. The challenge was dealing with the preemption argument brought by the Defendant – did the Higher Education Act preempt my client’s State law claim. In the end, no it did not. That one decision has paved the way for me and other attorneys working on student loan issues.

Best advice you received from the national listserv:

No such thing. It’s all so helpful, and sometimes daunting to see the amount of information that can be gained on any particular subject.

The NACBA benefit you couldn’t live without:

The listserv. A constant resource for anything and everything that could be needed regarding bankruptcy.

How many years have you been practicing?

I’ve been in practice for six (6) years.

Who is your mentor – who do you look up to professionally?

A variety of folks. I find different mentors for different things. Some know 7’s well, others know 13’s better. Some have great marketing ideas.

What is your favorite part of being a consumer bankruptcy attorney?

Funny question for me. I am just starting to do bankruptcy work, mostly to bring student loan discharge cases. Someone has to do it, why not me?

Name an area of the law that you’d like to learn more about:

Bankruptcy in general. I think it is near impossible to know it all. But the listserve makes it unnecessary as there is always a few experts in different areas that can help.

For further information on solving student loan issues, you can contact Joshua Cohen via his website http://thestudentloanlawyer.com/ or Twitter http://twitter.com/studentloanlaw