supreme court and bankruptcy ruling

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!

Bankruptcy News Briefs- 3/29

Before you start your weekend plans, read the following…

Wells Fargo CEO Quits In Wake Of Consumer Financial Scandals

ID Theft Services That Charge Are A Waste Of Money, Claims GAO

Court Approves $13.8 Million Settlement in Unwanted Loan Modifications Class Action

Veterans shouldn’t have to shoulder VA errors: VA debt collection must be improved

Law Firms Engaging in Non-Judicial Foreclosure Are Not “Debt-Collectors” Under FDCPA

Truce on IRS Debt Collection Program Wrapped Into Bipartisan Bill (2)

Law: Collectors must tell consumers they’re not required to pay deceased loved ones’ debts

‘Man, that is a lot of money’: Why PG&E spent at least $84 million on lawyers

New law will help some caught in student debt crisis

Law To Address Student Loan Debt Crisis Introduced By Fitzpatrick

How To Get The Government Out Of The Student Loan Business

DON’T MISS NACBA’S UPCOMING LIVE WEBINARS!

Expand Your Practice with Chapter 12: A Chapter 12 Primer
Date: April 4, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rebecca R. Garcia Esq., Chapter 13 Trustee (WI), Jan M. Sensenich Esq., Chapter 13 Trustee (VT) and James Haller Esq.
Register HERE

Chapter 12 is a powerful tool to assist debtors who qualify as farmers or fishermen. There has been an increase in chapter 12 cases filed across the country and there is a need for experienced debtors’ counsel to represent them. However many consumer attorneys are uncomfortable with chapter 12 cases because they are not aware of the different requirements and deadlines. This panel will bring you up to speed and give a primer on chapter 12 practice.

Why You Should Attend: You need to make more money and expanding your practice to include chapter 12 cases is a great opportunity.

Practice Pitfall Jeopardy: Practice Pitfalls and How to Avoid Them
Date: April 18, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Mary Beth Ausbrooks Esq., Jenny Doling Esq., Gene Melchionne & James Haller, Esq.
Register HERE

Don’t have a blooper reel for this year’s cases. This session will review common bloopers and how to avoid them in a game show format. Join our contestants who will be answering jeopardy type questions to win big prizes.

Why You Should Attend: Enjoy an actually fun way to learn how to deal with problem situations. Who will win the big candy bar?

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!

 

 

Bankruptcy News Briefs- 3/28

Our Thursday bankruptcy and consumer headlines read…

Michigan District Court Applies Judicial Estoppel to Employment Discrimination Suit – Despite Debtor’s Disclosure of the Claim to the Bankruptcy Attorney

Illinois District Court Refuses to Adopt Categorical Rule that a Bankruptcy Disclaimer on a Post-Discharge Communication to a Debtor Excuses Debt Collector from Liability

11th Circuit Court Rejects Claim that Mortgage Statements Sought Time Barred Debt in Violation of FDCPA

Why are we getting so many robocalls?

Judge OKs $5.5B Loan Package for Embattled Utility

How Fewer Tax Refunds in 2019 Could Affect the U.S. Economy

Pimco, Other PG&E Creditors Said to Pitch $35 Billion Plan

Bitter Harvest: Debt And The Bankrupting Of The American Family Farm

DON’T MISS NACBA’S UPCOMING WEBINARS!

Ditech Chapter 11 Filing: The Good, the Bad, the Ugly, and the Really Ugly
Date: March 28, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: FREE for NACBA Members / $45 Non Member
Presenters: Tara Twomey, Esq., O. Max Gardner, Esq. and James Haller Esq.
Register HERE

Why You Should Attend:

Any consumer lawyer with any type of claim or issue involving mortgage servicing by Ditech or any Ditech Entities must learn the new signs along the Chapter 11 highway. This webinar is geared to attorneys of all levels who file bankruptcy and mortgage servicing cases.

What You Will Learn:

  • When and where Ditech filed Chapter 11, and what entities were included in filing
  • How to address automatic stay and claims against Ditech
  • What is allowed and not allowed regarding partial relief from stay
  • Who must file proof of claim, where these claims should be filed, and the bar date for filing
  • Whether you can object to Proof of Claim by Ditech in your bankruptcy case
  • Whether Ditech can foreclose post-filing of the Chapter 11 and file a Motion for Relief from stay post filing
  • Whether you can send requests for information (RFIs) and notices of error (NOEs) NOEs to Ditech under RESPA and Reg X, file counter-claims, complaints, or adversary proceedings re Ditech, and claim right of set-off or recoupment in client’s Proof of Claim

Expand Your Practice with Chapter 12: A Chapter 12 Primer
Date: April 4, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rebecca R. Garcia Esq., Chapter 13 Trustee (WI), Jan M. Sensenich Esq., Chapter 13 Trustee (VT) and James Haller Esq.
Register HERE

Chapter 12 is a powerful tool to assist debtors who qualify as farmers or fishermen. There has been an increase in chapter 12 cases filed across the country and there is a need for experienced debtors’ counsel to represent them. However many consumer attorneys are uncomfortable with chapter 12 cases because they are not aware of the different requirements and deadlines. This panel will bring you up to speed and give a primer on chapter 12 practice.

Why You Should Attend: You need to make more money and expanding your practice to include chapter 12 cases is a great opportunity.

Practice Pitfall Jeopardy: Practice Pitfalls and How to Avoid Them
Date: April 18, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Mary Beth Ausbrooks Esq., Jenny Doling Esq., Gene Melchionne & James Haller, Esq.
Register HERE

Don’t have a blooper reel for this year’s cases. This session will review common bloopers and how to avoid them in a game show format. Join our contestants who will be answering jeopardy type questions to win big prizes.

Why You Should Attend: Enjoy an actually fun way to learn how to deal with problem situations. Who will win the big candy bar?

SAVE THE DATES

Bankruptcy News Briefs- 3/14

Take some time to read today’s consumer and bankruptcy headlines …

Consumer protection wanes under Trump, reports find

CFPB Supervisory Highlights looks at auto loan ancillary product refunds

Three Lessons for Debt Collectors from the CFPB’s Latest Supervisory Highlights: Amount Owed Accuracy, Disclosures, And Payment Dates

Fifth Circuit Judges Question CFPB Constitutional Worries

Passive Debt Buyers Beware: Third Circuit Broadens FDCPA Liability Under the ‘Principal Purpose’ Definition

Millennials are so buried in debt they can’t buy into American Dream of owning a home

Second Circuit Opinion Repeats Its Prior Ruling on Interest Disclosures Because of Continued Litigation on Already-Decided Issues

First Amendment Day At The Ninth Circuit: Court Hears Constitutional Challenge To The TCPA

REGISTER FOR NACBA’S NEW UPCOMING WEBINARS!

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.

Expand Your Practice with Chapter 12: A Chapter 12 Primer
Date: April 4, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rebecca R. Garcia Esq., Chapter 13 Trustee (WI), Jan M. Sensenich Esq., Chapter 13 Trustee (VT) and James Haller Esq.
Register HERE

Chapter 12 is a powerful tool to assist debtors who qualify as farmers or fishermen. There has been an increase in chapter 12 cases filed across the country and there is a need for experienced debtors’ counsel to represent them. However many consumer attorneys are uncomfortable with chapter 12 cases because they are not aware of the different requirements and deadlines. This panel will bring you up to speed and give a primer on chapter 12 practice.

Why You Should Attend: You need to make more money and expanding your practice to include chapter 12 cases is a great opportunity.

Practice Pitfall Jeopardy: Practice Pitfalls and How to Avoid Them
Date: April 18, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Mary Beth Ausbrooks Esq., Jenny Doling Esq., Gene Melchionne & James Haller, Esq.
Register HERE

Don’t have a blooper reel for this year’s cases. This session will review common bloopers and how to avoid them in a game show format. Join our contestants who will be answering jeopardy type questions to win big prizes.

Why You Should Attend: Enjoy an actually fun way to learn how to deal with problem situations. Who will win the big candy bar?

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!

JOIN NACBA IN SAN JUAN!

Bankruptcy News Briefs- 3/13

Dive into today’s midweek news briefs…

11th Circuit Affirms that a Final Discharge Order Moots Creditor’s Appeal of Dismissed Dischargeability Complaint

Trump’s Budget Proposal Could Increase College Student Debt, Raise Costs

How to take action on a debt you do not owe

Trump wants colleges to have ‘skin’ in student loan debt game

Here’s The Real Difference Between Good Debt And Bad Debt

Trio of New York Bills Would Extinguish Debt, Require Licensing and Impose Additional Requirements in Collection Litigation

Kraninger Testimony Before Senate Banking Committee Focuses on Data Privacy, CFPB Structure, Student Loans, Military Lending Act, and Payday Lending Rule

Student Loans Change Lives

Imposter Scams Top FTC’s List of 2018 Consumer Complaints

2nd Circuit rules for N.Y. debt collector in lawsuit over disclosures

Democrats attack Trump’s CFPB director for reopening payday lending rule

Lawmakers blast Wells Fargo chief over response to scandals

REGISTER FOR NACBA’S NEW UPCOMING WEBINARS!

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.

Expand Your Practice with Chapter 12: A Chapter 12 Primer
Date: April 4, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Rebecca R. Garcia Esq., Chapter 13 Trustee (WI), Jan M. Sensenich Esq., Chapter 13 Trustee (VT) and James Haller Esq.
Register HERE

Chapter 12 is a powerful tool to assist debtors who qualify as farmers or fishermen. There has been an increase in chapter 12 cases filed across the country and there is a need for experienced debtors’ counsel to represent them. However many consumer attorneys are uncomfortable with chapter 12 cases because they are not aware of the different requirements and deadlines. This panel will bring you up to speed and give a primer on chapter 12 practice.

Why You Should Attend: You need to make more money and expanding your practice to include chapter 12 cases is a great opportunity.

Practice Pitfall Jeopardy: Practice Pitfalls and How to Avoid Them
Date: April 18, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Mary Beth Ausbrooks Esq., Jenny Doling Esq., Gene Melchionne & James Haller, Esq.
Register HERE

Don’t have a blooper reel for this year’s cases. This session will review common bloopers and how to avoid them in a game show format. Join our contestants who will be answering jeopardy type questions to win big prizes.

Why You Should Attend: Enjoy an actually fun way to learn how to deal with problem situations. Who will win the big candy bar?

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!

 

Bankruptcy News Briefs- 3/12

Tuesday’s news briefs read…

As Feds ignore student debt crisis, states like Md. step in

6 Bold Student Loan Reforms To Watch For In 2019

White House Revives CFPB Restructuring Call In 2020 Budget

Members of Congress are rich with student debt

Trump Proposes To End Student Loan Forgiveness Program

Key Post-Henson Decision Holds Debt Buyer Is a “Principal Purpose” Debt Collector

Education Dept. faces 10% funding cut under Trump’s 2020 budget proposal

CFPB Says 5th Circ. Case Looms Over Payday Rule Suit

Third Circuit Holds that Debt Purchasers Can Qualify as Debt Collectors

Transcript of Teleconference in Dept. of ED NextGen Case Reveals Maddening Exchange

New Jersey Judges Change Their Minds on 1692g Written Dispute Issues: One Case Dismissed, Another Certified for Interlocutory Appeal

As debt climbs in US, the next financial crisis you should worry about is your own

That company promising to fix your credit score? It could be a scam

Supreme Court Grants Certiorari in Case That Could Increase FDCPA Litigation

FTC and CFPB reauthorize MOU

REGISTER FOR NACBA’S UPCOMING LIVE WEBINARS!

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.

Practice Pitfall Jeopardy: Practice Pitfalls and How to Avoid Them
Date: April 18, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Mary Beth Ausbrooks Esq., Jenny Doling Esq., Gene Melchionne & James Haller, Esq.
Register HERE

Don’t have a blooper reel for this year’s cases. This session will review common bloopers and how to avoid them in a game show format. Join our contestants who will be answering jeopardy type questions to win big prizes.

Why You Should Attend: Enjoy an actually fun way to learn how to deal with problem situations. Who will win the big candy bar?

SEE YOU IN CLEVELAND!

#NACBATheLand is taking place from May 16-19, 2019. Register today!

 

Bankruptcy News Briefs- 3/05

We kick off March’s bankruptcy briefs with the following…

CFPB Issues Report On Servicemember First-Time Homebuyer Mortgage Loans

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

CFPB Publishes Report on Elder Abuse Based on Newly Available SARs Data

House Financial Services Committee to Hold Review Hearing of CFPB, Kraninger Included as Witness

Arbitration Back in the Limelight: Bill Introduced to Limit Arbitration for Consumers

Taxpayer Advocate Report To Congress: 20 Most Serious Problems Facing Taxpayers

CFPB plans to issue rules on PACE loans

Congressional Review Act rises again!

U.S. Credit Card Debt Closed 2018 at a Record $870 Billion

New Bill By Rubio, Warren Would Stop States From Suspending Job Licenses Over Unpaid Student Loans

Student debt: Defining issue of a generation?

U.S. Supreme Court Considers Proper State To Tax Trusts

REGISTER FOR NACBA’S UPCOMING LIVE WEBINARS!

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.

Practice Pitfall Jeopardy: Practice Pitfalls and How to Avoid Them
Date: April 18, 2019
Time: 4:00 PM EST – 5:00 PM EST
Cost: $25 Member / $75 Non Member
Presenters: Mary Beth Ausbrooks Esq., Jenny Doling Esq., Gene Melchionne & James Haller, Esq.
Register HERE

Don’t have a blooper reel for this year’s cases. This session will review common bloopers and how to avoid them in a game show format. Join our contestants who will be answering jeopardy type questions to win big prizes.

Why You Should Attend: Enjoy an actually fun way to learn how to deal with problem situations. Who will win the big candy bar?

JOIN NACBA IN CLEVELAND! #NACBATheLand

Register today for NACBA’s 27th Annual Convention

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.