supreme court and bankruptcy ruling

Bankruptcy News Briefs- 2/13

Thursday’s headlines are…

Appeal Filed From Bankruptcy Court’s Decision Granting Discharge of Student Loan Debt

What A Bernie Sanders Presidency Could Mean For Student Loan Borrowers

Reaction to potential cuts to Federal Student Loan Forgiveness Program

Growing Federal Subsidies for Graduate Loan Debt

Even high-income consumers are feeling squeezed by credit card debt

Why it matters when you’re 90 days late on a payment

Vehicle debt is piling up, driven by demand for SUVs, trucks

A Small Step Toward Clarity? The CFPB Issues Policy Statement on “Abusiveness” Standard

Sixth Circ.: Attorneys Not Liable Under FDCPA for Reasonable Mistakes of State Law

UPCOMING LIVE WEBINARS

Circuit Case Law Update
Thursday, March 5, 2020, 4:00 PM EASTERN to 5:00 PM EASTERN
Cost: FREE for NACBA Members / $50 Non Member
Presenters: NACBA Circuit Leaders & James Haller, Esq.
Register HERE

NACBA’s Circuit Leaders will outline the most important cases in your circuits.

Why You Should Attend: Don’t be the last to know what issues are coming next to a court near you. Find out what to expect by learning about the trends and case law are working their through the courts.

How to Train Your Staff & Paralegals to SAVE Time & Money
Thursday, March 19, 2020, 4:00 PM EASTERN to 5:00 PM EASTERN
Cost: $25 Member / $75 Non Member
Presenters: Jenny Doling & James Haller, Esq.
Register HERE

The Panel will discuss how to train your staff and paralegals, and keep them alert to changes, in the most efficient manner.

Why You Should Attend: Your office needs to run as efficiently as possible to best represent your clients and maintain profitability. Learn from our panelists what works, doesn’t work, and how to plan ahead.

Learn more about what the student debt bomb is

Bankruptcy News Briefs- 1/24

It’s Friday! Check out the latest news…

Surprise, Your Credit Score May Drop

After Bankruptcy, Nearly Half of Retailers Close All Stores

Greeting Cards Retailer Papyrus Files for Bankruptcy, Plans to Close Stores

Court Cites Student Loans As Reason To Deny Bar Admission To New Lawyer

Federal reserve report shows substantial increase in student loan debt

Key CFPB defenders urge SCOTUS to skip constitutional issue

Killing the CFPB Would Harm States, Attorneys General Tell Court

Former Wells Fargo CEO Hit With $17.5 Million Fine, Barred From Banking Industry

6th Cir. Holds Consumer Lacks Standing to Assert ‘Meaningful Involvement’ Claim, Not Every Technical Violation is Redressable

NY DFS Unveils Consumer Protection Task Force, adds Former CFPB Deputy Director

Sixth and Ninth Circuits Issue Decisions Applying Spokeo to FDCPA and FCRA Claims

Big Week in the 7th Circuit: Settlement Offers, Envelopes, Creditor ID, and More

Another Seat at the Table: CFPB Adds Another Member to Taskforce

CHECK BACK SOON FOR 2020 LIVE WEBINAR SCHEDULE

Bankruptcy News Briefs- 12/16

The latest consumer and bankruptcy headlines read…

The Unexpected Dangers Of Paying Off Student Loans With Your 401(k) Savings

United States: Fifth Circuit Issues New Opinion In Ultra Petroleum, Withdrawing Guidance On Make-Whole Claims

Second Circuit Upholds Ruling that Loft Tenants Have Property Rights in Bankruptcy Proceedings

Importance Of College Drops Nearly 50% Among Young Adults In Just Six Years

Celadon Trucking Bankruptcy Leaves Some 3,000 Drivers Jobless, Stranded: Reports

New Kind of Student Loan Gains Major Support. Is There a Downside?

Fly Jamaica files for bankruptcy protection

More than 40,000 people have applied for public service loan forgiveness — 206 were approved

Defaulting on some student loans gets more costly

Steven Mnuchin confirmed as Treasury secretary

California governor rejects PG&E’s $13.5 billion plan to get out of bankruptcy

Fast-rising personal debt driving Lending Club’s success

Fintech Lenders Tighten Standards as They Become More Like Banks

Credit bureau Experian fined $3 million over misleading credit scores

United States: Supreme Court Justices Say No To Applying The “Discovery” Rule On FDCPA Claims

REGISTER FOR NACBA’S LIVE WEBINARS!

Means Test Game Show: Is it income or an expense?
Date: December 19, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Jenny Doling, Esq., Marybeth Ausbrooks, Esq., Gene Melchionne Esq. & James Haller, Esq.
Register HERE

Join our holiday panel for a game show quiz focusing on allowable or required income and expenses. You can’t lose even if you get the answers wrong..

Why You Should Attend: Ask yourself these questions. Is a withdrawal from a 401k income that should push your client into a five year plan? Is a 401k contribution a permissible expense? Is child support that isn’t received income? Is child support that is not being paid an expense? Your client wants to claim $900.00 in pet expenses for 8 pets. Is that expense ridiculous? Can you justify it? Learn the answers to these questions and more. Come join us!

Bankruptcy News Briefs- 11/07

Read the latest news below…

CFPB Constitutional Challenge Put on Hold at Second Circuit

CFPB Wins $59 Million Judgment Against Mortgage Relief Firms

Second Circuit adjourns oral argument in RD Legal

Travel, furniture, ‘lavish’ meals: Nonprofit head misspent $1.7 million, filing alleges

China Embraces Bankruptcy, U.S.-Style, to Cushion a Slowing Economy

Should You Take Your Employer’s Lump Sum Offer To Protect Against Their Future Bankruptcy?

Argument preview: Justices to consider when creditors in bankruptcy can appeal orders denying relief from the automatic stay

Second Circuit Double-Hitter: Neither “$0.00” Nor “N/A” in Debt Itemization Confuses Consumers about Static Debts

How one student loan strategy drives you deeper in debt

Study: Some Grads Would Spend A Week In Jail To Erase Student Loan Debt

Forget the Gender Wage Gap. Let’s Talk About the Student Debt Gap

The Law Schools With The Highest Student Loan Default Rates

Clay Introduces Student Loan Debt Reform Package to Lower Interest Rates, Protect Borrowers and Reduce Excessive Debt

Sen. Brown’s bill would extend lending protections for service members to veterans, consumers

REGISTER FOR NACBA’S LIVE WEBINARS!

Robin Hood and His Merry Bankruptcy Attorneys: How to Recover Wage Garnishments as Preferential/Fraudulent Transfers for your clients and get paid for doing it.
Date: November 21, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: David Gunn, Esq. & James Haller, Esq.
Register HERE

The panel will discuss the law and practice of recovering wage garnishments as fraudulent transfers and the potential to request additional attorneys fees for a recovery.

Why You Should Attend: You want to make additional income in cases where your clients have been garnished. This session will discuss how and when to recover garnished funds and get paid.

Consumer Bankruptcy Watch: What’s Hot in Consumer Bankruptcy Law Today
Date: December 5, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The panel will cover the latest hot topic in consumer bankruptcy law, including any pending cases before the Supreme Court and important Court of Appeals cases to watch.

Why You Should Attend: Don’t be the last to know what issues are coming next to a court near you. Find out what to expect by learning about the trends and case law are working their through the courts.

Means Test Game Show: Is it income or an expense?
Date: December 19, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Jenny Doling, Esq., Marybeth Ausbrooks, Esq., Gene Melchionne Esq. & James Haller, Esq.
Register HERE

Join our holiday panel for a game show quiz focusing on allowable or required income and expenses. You can’t lose even if you get the answers wrong..

Why You Should Attend: Ask yourself these questions. Is a withdrawal from a 401k income that should push your client into a five year plan? Is a 401k contribution a permissible expense? Is child support that isn’t received income? Is child support that is not being paid an expense? Your client wants to claim $900.00 in pet expenses for 8 pets. Is that expense ridiculous? Can you justify it? Learn the answers to these questions and more. Come join us!

visit studentdebtbomb.com

Bankruptcy News Briefs- 10/17

The latest consumer and bankruptcy briefs are…

CFPB debate highlights Warren’s new status as the 2020 Democratic frontrunner

Exclusive: Turf War Blocked CFPB From Helping Fix Student Loan Forgiveness Program

CFPB Chief Wants Constitutional Question Fixed ‘Once and for All’

IRS Warns of Scams Related to Privatized Debt Collection

High Court Must Define Meaning of Silence in Debt Collection Case

Highland Unit Files Bankruptcy Over Disputed Crisis-Era Fund

FirstEnergy Solutions wins court approval for bankruptcy plan following labor agreement

The Explosion Of Personal Loans Is A Troubling Sign

Bernie Sanders Wants To Get Rid Of Your Past-Due Medical Bills

Pennsylvania leads nation in student loan debt, and new lawmaker wants to know why

Foster’s bill aims to help public employees with student loans

Warren to DeVos: Drop Navient’s Contract

Justices Scratch Heads About When Clock Pauses for FDCPA Suits

Argument Day is Here: U.S. Supreme Court Reviews Whether Discovery Rule Applies to FDCPA Claims

REGISTER FOR NACBA’S LIVE WEBINARS!

Top 20 Cases You Must Know for Your Bankruptcy Practice.
Date: October 17, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Nathan Juster, Esq. & James Haller, Esq.
Register HERE

From projected disposable income and attorneys’ fees to bankruptcy court jurisdiction, this session will cover fundamental cases that you need to know.

Why You Should Attend: You must know the major guideposts to give your clients accurate advice. Make sure you are following these important cases and using them to your client’s benefit.

Defense of Section 523 Adversary Proceedings
Date: November 7, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Tara Salinas, Esq., William Brewer Esq. & James Haller, Esq.
Register HERE

The panel will primarily focus on Sections 523(a)(2), (4) and (6) and Section 1328(a)(4), awards of attorney 7s fees under Section 523(d); defending collateral estoppel effect of pre-bankruptcy default judgments; Rules 12(b)(6) motions to dismiss under Ashcroft v Iqbal.

Why You Should Attend: You need to know how to properly defend a dischargeability proceeding and get paid for your work.  Everyone has to defend against dischargeability complaints by creditors.  The information in this workshop will be invaluable to prepare your defense.

Robin Hood and His Merry Bankruptcy Attorneys: How to Recover Wage Garnishments as Preferential/Fraudulent Transfers for your clients and get paid for doing it.
Date: November 21, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: David Gunn, Esq. & James Haller, Esq.
Register HERE

The panel will discuss the law and practice of recovering wage garnishments as fraudulent transfers and the potential to request additional attorneys fees for a recovery.

Why You Should Attend: You want to make additional income in cases where your clients have been garnished. This session will discuss how and when to recover garnished funds and get paid.

Consumer Bankruptcy Watch: What’s Hot in Consumer Bankruptcy Law Today
Date: December 5, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Tara Twomey, Esq. & James Haller, Esq.
Register HERE

The panel will cover the latest hot topic in consumer bankruptcy law, including any pending cases before the Supreme Court and important Court of Appeals cases to watch.

Why You Should Attend: Don’t be the last to know what issues are coming next to a court near you. Find out what to expect by learning about the trends and case law are working their through the courts.

Means Test Game Show: Is it income or an expense?
Date: December 19, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Jenny Doling, Esq., Marybeth Ausbrooks, Esq., Gene Melchionne Esq. & James Haller, Esq.
Register HERE

Join our holiday panel for a game show quiz focusing on allowable or required income and expenses. You can’t lose even if you get the answers wrong..

Why You Should Attend: Ask yourself these questions. Is a withdrawal from a 401k income that should push your client into a five year plan? Is a 401k contribution a permissible expense? Is child support that isn’t received income? Is child support that is not being paid an expense? Your client wants to claim $900.00 in pet expenses for 8 pets. Is that expense ridiculous? Can you justify it? Learn the answers to these questions and more. Come join us!

 

Bankruptcy News Briefs- 10/02

Get over the mid-week blues with these headlines…

Old and Cold Offshore Asset Protection Trust Assets Not Reachable by U.S. Creditors

3 reasons Forever 21 went bankrupt

Drugmakers want to join Purdue Pharma’s bankruptcy to settle US opioid suits

CFPB Announces Additions to Executive Team

The Seven-Year Auto Loan: America’s Middle Class Can’t Afford Its Cars

Appellate Veterans Jockey at SCOTUS to Contest Consumer Bureau

New SCOTUS petition: CFPB enforcement must be undone if agency is unconstitutional

Sen. Brown Demands Answers From CFPB On Why Funds Were Not Returned To Harmed Consumers

Kraninger as CFPB Sheriff and the Potential Impact of the 2020 Presidential Election

Del. Judge Latest To Ax Gov’t Robocall Exemption From TCPA

Despite Holding the TCPA’s Government Debt Exemption is Unconstitutional, the District of Massachusetts Permits Class Claims to Move Forward

4 Things to Never Give a Debt Collector Over the Phone

Debt Collectors Target Consumers of Color, People Making Less Than $50K

1 in 4 millennials are keeping a money secret from their partner

Gov. Raimondo Ceremonially Signs Student Loan Bill Of Rights

Minnesota woman’s ‘bizarre and surreal’ decades-long student loan dispute

Crises Collide: Low Teacher Pay Intensifies Student Loan Debt Crisis for Educators

NY AG leading charge to stop proposal allowing debt collectors to use social media

REGISTER FOR NACBA’S LIVE WEBINARS!

Home Owner’s Association Fees and Bankruptcy
Date: October 10, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Lee Rowland, Esq., Christina Henry Esq. & James Haller, Esq.
Register HERE

The treatment of Homeowner’s Association Fees in bankruptcy is a complex question. Are they dischargeable in chapter 7 and chapter 13? Does Rule 3002.1 apply? Can underwater HOA liens be avoided? This webinar will answer these questions and more as we explore the treatment of HOA fees in bankruptcy.

Why You Should Attend: HOAs can be aggressive in attempting to collect their debt. You won’t want to miss this program which will discuss ways to reduce or eliminate HOA fees and liens through bankruptcy.

Top 20 Cases You Must Know for Your Bankruptcy Practice.
Date: October 17, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Henry Sommer, Esq., Nathan Juster, Esq. & James Haller, Esq.
Register HERE

From projected disposable income and attorneys’ fees to bankruptcy court jurisdiction, this session will cover fundamental cases that you need to know.

Why You Should Attend: You must know the major guideposts to give your clients accurate advice. Make sure you are following these important cases and using them to your client’s benefit.

 

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.