supreme court and bankruptcy ruling

Bankruptcy News Briefs- 8/06

Check out new consumer and bankruptcy beliefs below…

Bankruptcy Court Discusses Novel Argument Contesting Cram Down of Totally Unsecured Mortgage

Parties File Another Status Report in Trade Group Lawsuit Challenging CFPB Payday Loan Rule

Kraninger Holding the Line on CFPB Investigative Demands

“Clearly and Prominently:” Consumer Debt Settlement Disclosures in Wake of CFPB v. Freedom Debt Relief

Should Your Student Loans Really Be Cancelled?

Millennials delay buying homes because of student debt

Meet the lawyer who had $38,000 in student debt forgiven — he’s one of just 5% of applicants who did it

More people filed for bankruptcy per capita in these 5 states in July — and there was a 5% increase nationwide

7th Cir. Says ‘Costs’ Includes Collector’s Percentage Fee, Disagrees With 8th and 11th Circuits

Disclosure About Less Favorable Future Terms in Collection Letter Does Not Violate FDCPA, Says Missouri Court

California Appellate Court OKs Prejudgment Interest After Charge-off

Hospital converts unused PTO into student loan benefit for workers

New bill on students pledging future income ‘an open license for discriminatory financing’

Rhode Island ‘Student Loan Bill of Rights’ Becomes Law

6 companies that have filed for bankruptcy but you can still shop or eat at

Bankruptcy filings in Buffalo-Rochester rise 9.8% in July

Coal Workers Waiting On Paychecks After Company Declares Bankruptcy

REGISTER FOR NACBA’S LIVE WEBINARS!

Bankruptcy “Law and Order” Edition: Fifth Amendment and Bankruptcy
Date: August 8, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Edward Boltz, Esq., Hal Nemeth, Esq. & James Haller, Esq.
Register HERE

To prevent malpractice, you need to know how to protect yourself and your client from potential criminal prosecution. This webinar will review the 5th amendment, its use in bankruptcy proceedings, and best practices.

Why You Should Attend: In the criminal bankruptcy system, people are instigated by separate two equally powerful groups: The UST, who investigates crime, and the U.S. attorneys, who prosecute the offenders. These are their stories. Learn how and when you and your client are protected by the 5th Amendment in bankruptcy proceedings.

Crossing Paths: The Intersection of Reverse Mortgages and Bankruptcy
Date: August 15, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The senior population of the United States is expected to grow rapidly over the next twenty years. Rather than enjoying their golden years, increasingly older Americans are struggling with less income, greater debt and insufficient retirement savings. The average amount of debt held by seniors has soared over the last decade. Many now rely on credit cards to cover their basic living expenses. Rising mortgage debt has compromised the use of home equity as a retirement nest egg. There are few easy solutions. Two tools available to seniors to combat financial distress are reverse mortgages and bankruptcy. Reverse mortgages allow seniors to tap their home equity to pay off outstanding debts or supplement monthly income. Bankruptcy provides an opportunity to obtain a fresh start by discharging certain debts or adjusting one’s financial affairs. The two options—reverse mortgages and bankruptcy—are not mutually exclusive.

Why You Should Attend: Learn how to best help your older clients by understanding the intersection between reverse mortgages and bankruptcy and when they can work together to prevent foreclosure or put a senior on more solid financial footing.

Criminal Justice Debts and Civil Fines in Bankruptcy
Date: September 19, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Tara Twomey, Esq. & James Haller, Esq.
Register HERE

For criminal justice debtors and those with civil fines, bankruptcy can be a powerful tool. It may eliminate the obligation to repay these debts or provide an orderly mechanism for repaying certain debts that cannot be discharged. Bankruptcy can also open the door to relief, such as expungement, record sealing, or restoration of a driver’s license, that may otherwise be unavailable due to outstanding debt. This webinar will provide an overview of the application of bankruptcy law to criminal justice debt and civil fines.

Why You Should Attend: Not all criminal justice debt and civil fines are created equally. Learn about the different kinds of criminal justice debt and civil fines, including which are dischargeable in bankruptcy and which are not.

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Bankruptcy News Briefs- 6/26

Check out these post-hearing bankruptcy & consumer headlines…

NACBA Calls to Restore the Student Loan Bankruptcy Discharge

Hey, robocallers, take this: FTC, Illinois, other states announce major crackdown on spam calls

Antitrust Subcommittee Hears Testimony on Student Debt Crisis, Bankruptcy Reform

Consumer Advocates: Bankruptcy Law Governing Payment of Debt Is Squeezing the Most Vulnerable

The ‘after’ picture of student loans: Credit card debt, smelly cars, pawn shops to make ends meet

When Patients Can’t Pay, Many Hospitals Are Suing

Canceling Student Loan Debt Doesn’t Make Problems Disappear

SCOTUS Adopts “No Fair Ground of Doubt” Standard for Violations of Bankruptcy Discharge Order

Hospitals Earn Little From Suing For Unpaid Bills. For Patients, It Can Be ‘Ruinous’

Lawmakers Reconsider Bankruptcy for Student Loans

Student loan borrowers who say they were defrauded sue Betsy DeVos for failing to cancel their debt

CFPB Signals Greater Clarity Coming for Abusive Standard

Two-thirds of American employees regret their college degrees

The Moral Hazard Of Student Loan Forgiveness

This debt could force you into bankruptcy, and it’s not student loans

Delgado: Raise bankruptcy debt caps for farmers

REGISTER FOR NACBA’S LIVE WEBINARS!

Chapter 13 Plan Provisions: What Are They Good For?
Date: July 11, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., O. Max Gardner III, Esq. & James Haller, Esq.
Register HERE

Avoid having unwanted provisions forced upon you and getting non-standard provisions that you want.

Why You Should Attend: Stuck with a plan provision unfavorable to your client? Learn how to contest those provisions and get more favorable language added to the plan.

Introduction to Bankruptcy, Chapter 7 and Chapter 13 Online Workshop
Date: July 26, 2019
Time: 3:00 PM EST – 6:00 PM EST
Cost: $99 Member / $149 Non Member
Presenters: Edward Boltz, Esq., Hal Nemeth, Esq. & James Haller, Esq.
Register HERE

Bankruptcy is a world unto itself. This webinar is designed to introduce practitioners to the bankruptcy landscape and will cover the basics of chapter 7 and chapter 13, the difference between the two, and factors to consider when recommending one chapter over another. This program will give new attorneys and staff an introduction to bankruptcy practice.

Why You Should Attend: Let NACBA introduce your attorneys and staff to the practice of the Bankruptcy Code.

JOIN US IN DIFFUSING THE STUDENT DEBT BOMB

Visit studentdebtbomb.com to learn more

Bankruptcy News Briefs- 5/07

Today’s news briefs are…

Older Americans struggle under burden of billions in student loan debt

Program to Relieve Student Debt Proves Unforgiving

Gillibrand bill would expand CFPB data collection to spot lending discrimination

Ninth Circuit Rules CFPB’s Structure is Constitutional

A Deep Dive into the CFPB’s Suit Against Lexington Law Targeting the Credit Repair Organization’s Marketing Practices

CFPB Seeks Information on Possible Changes to Remittance Transfers Rule

Office of Hawaiian Affairs Trustee Allowances Slashed

Five Things To Do Prior to the NPRM’s Release

Supreme Court Clarifies Scope of the FDCPA as It Relates to Nonjudicial Foreclosures

FDCPA Plaintiff Lacks Standing to Bring Class Action for Validation Letter

REGISTER FOR NACBA’S UPCOMING LIVE WEBINARS!

Emerging Bankruptcy Technologies to Assist your Bankruptcy Practice
Date: June 6, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rachel Foley Esq., Reed Almand, Esq. & James Haller Esq.
Register HERE

Busy bankruptcy attorneys are bombarded with technology choices – all promising great rewards but many coming at great expense. Learn about different technologies that can make your practice more efficient in time and cost.

Why You Should Attend: What faster way is there to improve your bottom line than being more efficient while increasing accuracy!

Chapter 13 Plan Provisions: What Are They Good For?
Date: July 11, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., O. Max Gardner III, Esq. & James Haller, Esq.
Register HERE

Avoid having unwanted provisions forced upon you and getting non-standard provisions that you want.

Why You Should Attend: Stuck with a plan provision unfavorable to your client? Learn how to contest those provisions and get more favorable language added to the plan.

ARE YOU READY TO ROCK AT #NACBATheLand?

There is still time to register! Don’t miss out!

Bankruptcy News Briefs- 5/02

Today’s news briefs read…

District Court Holds Arbitration Provision in Credit Card Contract Survives Discharge

Seniors owe billions in student loan debt: “This will follow me to the grave”

U.S. Banks’ Bad-Debt Pile Creeps Higher With Credit-Card Losses

Voters see student loan debt as threat to economy

Millennials struggle under the burden of student loan debt

99% Of Borrowers Rejected Again For Student Loan Forgiveness

Think Finance to Pay CFPB $7 for Loan Violations — Yes, $7 (1)

Student loan debt crisis spans generations

CFPB Issues Guidance on Applicability of TRID Rule to Assumptions

DeVos hires consultants to examine student loan portfolio

Student Loan Firm Fined For Failing to Make Adjustments to Ease Burden on Troubled Borrowers

Validation Notice Lawsuits: Overlooked Ruling from Third Circuit Proves Debt Collectors are Right! (Podcast)

Fourth Circuit Strikes Down TCPA Exemption for Collection of Government Debt, Putting Loan Servicers and Debt Collectors at Risk

Breakdown of Four New Requirements for Collecting Medical Debt in the State of Washington

CFPB Seeking Comments on Possible Remittance Rule Revisions

REGISTER FOR NACBA’S UPCOMING LIVE WEBINARS!

Emerging Bankruptcy Technologies to Assist your Bankruptcy Practice
Date: June 6, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rachel Foley Esq., Reed Almand, Esq. & James Haller Esq.
Register HERE

Busy bankruptcy attorneys are bombarded with technology choices – all promising great rewards but many coming at great expense. Learn about different technologies that can make your practice more efficient in time and cost.

Why You Should Attend: What faster way is there to improve your bottom line than being more efficient while increasing accuracy!

Chapter 13 Plan Provisions: What Are They Good For?
Date: July 11, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., O. Max Gardner III, Esq. & James Haller, Esq.
Register HERE

Avoid having unwanted provisions forced upon you and getting non-standard provisions that you want.

Why You Should Attend: Stuck with a plan provision unfavorable to your client? Learn how to contest those provisions and get more favorable language added to the plan.

Bankruptcy News Briefs- 4/26

It’s Friday! Jumpstart your weekend with the following…

Bankruptcy Court Awards Debtor $204,867.00 in Damages Against Creditor and Creditor’s Law Firm for Post-Discharge Lawsuit of Discharged Debt

Court Rules No Discharge Violation, Debtor’s Plan Language Didn’t Require Vehicle Lien Release Upon Plan Completion

Report: Defaulted Federal Student Loan Borrowers in Communities of Color Are Disproportionately Sued

Elizabeth Warren’s plan to forgive student loan debt is costly, but it could actually pour money into the US economy

Governor Murphy Signs Legislation to Make Student Loans More Affordable

Who Would Benefit from Elizabeth Warren’s Student Loan Forgiveness Proposal?

U.S. consumer protection just got even worse

Residential Mortgage Lender Survives ATR/QM Challenge

House to vote on bipartisan retirement bill in May

Tillis bill streamlines bankruptcy process for small businesses

Consumers face long odds battling debt collectors in local courts

When a Collector Talks to a Bot: How to Solve for Time-Wasting Apps

4th Circuit Declares Government Debt Exemption to the TCPA Unconstitutional, But Leaves the Rest of the Statute Intact

REGISTER FOR NACBA’S UPCOMING LIVE WEBINARS!

Emerging Bankruptcy Technologies to Assist your Bankruptcy Practice
Date: June 6, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rachel Foley Esq., Reed Almand, Esq. & James Haller Esq.
Register HERE

Busy bankruptcy attorneys are bombarded with technology choices – all promising great rewards but many coming at great expense. Learn about different technologies that can make your practice more efficient in time and cost.

Why You Should Attend: What faster way is there to improve your bottom line than being more efficient while increasing accuracy!

Chapter 13 Plan Provisions: What Are They Good For?
Date: July 11, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., O. Max Gardner III, Esq. & James Haller, Esq.
Register HERE

Avoid having unwanted provisions forced upon you and getting non-standard provisions that you want.

Why You Should Attend: Stuck with a plan provision unfavorable to your client? Learn how to contest those provisions and get more favorable language added to the plan.

SAVE THE DATES #NACBAPR

Bankruptcy News Briefs- 4/25

The consumer and bankruptcy headlines for today read…

These five charts show how bad the student loan debt situation is

U.S. Trustee Fees – one spreadsheet to rule them all…

How Do Student Loans Affect Your Credit Score?

The Age Four Out of Five Generations Agree Children Should Start Paying Their Own Student Loans

U.S. Supreme Court Hears Dispute Over Debt Collection Violations

Debt-to-Income Ratio for Student Loan Refinancing

Student loan debt forgiveness in 2020 race

Bankruptcy court approves resolution to help Reagor-Dykes customers

Timeshare Owners’ Coalition Issues Warning About Third-Party Exit Companies

“Text me $$$”: Debt collectors may soon be able to text and email consumers

Robocall Debt-Collection Exemption Struck Down (1)

Spring is Here and a Proposed Debt Collection Rule is Imminent

Supreme Court to Weigh Debt Collection Penalties Post-Bankruptcy

TCPA Debt Call Carveout Is Unconstitutional, 4th Circ. Says

Credit Unions May Have Willing Takers in Plea for Less Supervision

REGISTER FOR NACBA’S UPCOMING LIVE WEBINARS!

Emerging Bankruptcy Technologies to Assist your Bankruptcy Practice
Date: June 6, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rachel Foley Esq., Reed Almand, Esq. & James Haller Esq.
Register HERE

Busy bankruptcy attorneys are bombarded with technology choices – all promising great rewards but many coming at great expense. Learn about different technologies that can make your practice more efficient in time and cost.

Why You Should Attend: What faster way is there to improve your bottom line than being more efficient while increasing accuracy!

Chapter 13 Plan Provisions: What Are They Good For?
Date: July 11, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., O. Max Gardner III, Esq. & James Haller, Esq.
Register HERE

Avoid having unwanted provisions forced upon you and getting non-standard provisions that you want.

Why You Should Attend: Stuck with a plan provision unfavorable to your client? Learn how to contest those provisions and get more favorable language added to the plan.

WE LOOK FORWARD TO SEEING YOU IN CLEVELAND!

Don’t forget to register for NACBA’s 27th Annual Convention!

#NACBATheLand

Bankruptcy News Briefs- 4/23

Read today’s headlines featured below…

Bankruptcy Court Determines Redemption Value of Frankenstein Truck

6th Circ. Remands Casino Case After High Court Ruling

Woman at center of lawsuit slams debt collection company for ‘misrepresenting facts’ as hearing is postponed

District of New Jersey Denies Consumer’s Motion for Summary Judgment on FDCPA Claim

Court Denies PCAs’ Motion to Prevent Account Recall by Department of Education

New CFPB Rule Provides Enforceable Protections for Prepaid Cards

Homeowners Hurt by Mortgage Scam Seek Role in Ditech Bankruptcy

Elizabeth Warren Wants To Erase Most Student Loan Debt

Report: help ‘urgently’ needed to address growing student loan debt

1 in 4 young people dip into 401(k)s to pay off debt—here’s why that’s a problem

Trump-Appointed Official Promises Full Push to Overhaul Plumbing of Mortgage Market

Bipartisan Group Of Lawmakers Aim To Ease Chapter 12 Bankruptcy Rules

REGISTER FOR NACBA’S UPCOMING LIVE WEBINARS!

Emerging Bankruptcy Technologies to Assist your Bankruptcy Practice
Date: June 6, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rachel Foley Esq., Reed Almand, Esq. & James Haller Esq.
Register HERE

Busy bankruptcy attorneys are bombarded with technology choices – all promising great rewards but many coming at great expense. Learn about different technologies that can make your practice more efficient in time and cost.

Why You Should Attend: What faster way is there to improve your bottom line than being more efficient while increasing accuracy!

Chapter 13 Plan Provisions: What Are They Good For?
Date: July 11, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., O. Max Gardner III, Esq. & James Haller, Esq.
Register HERE

Avoid having unwanted provisions forced upon you and getting non-standard provisions that you want.

Why You Should Attend: Stuck with a plan provision unfavorable to your client? Learn how to contest those provisions and get more favorable language added to the plan.

JOIN US IN CLEVELAND AT #NACBATheLand!

REGISTER NOW!