supreme court and bankruptcy ruling

Bankruptcy News Briefs 10/26

Headlines for Wednesday…

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CFPB Complaint Snapshot Shows Slight Increase in Average Debt Collection Complaints

SCOTUS to Resolve Circuit Split on Interplay of FDCPA and Bankruptcy Code

Bankruptcy Court Assesses Sanctions on Mortgage Servicer for Failure to File Notices Relating to Residential Mortgage Loans

CFPB head Cordray: Here are the next 3 priority areas for enforcement actions

Self-Pay Collections is a Whole New Animal

Eastern District of N.Y. Rules Fee May Be Collected with Principal Balance, Requesting Prompt Contact is Permissible

CFPB Gives Upbeat Assessment of Fintech in ‘Project Catalyst’ Report

Tuition bills up, but borrowing down

The Hidden Benefit of Student Loan Debt to Homebuying

Consumer Bankruptcy Journal Highlight

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Catch up on all the Washington Updates since September in today’s #CBJ Highlight!

Upcoming NACBA Events

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6 Key Numbers Every Bankruptcy Attorney Must Know

Date: November 17, 2016
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 minutes)
Presenter: Stephen Fairley, CEO of The Rainmaker Institute
Cost: No Cost to NACBA Members – Member Benefit

Register HERE

Save the Date for NACBA’s Silver Anniversary Annual Convention

Celebrate 25 Years of NACBA!

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 10/25

Making the News… 

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Will Hensarling Letter to Cordray Do More Than Prolong Rulemaking?

CFPB Publishes Report Entitled “Project Catalyst” on Financial Innovation

Debt Collection Complaints Decline in September

CFPB Touts Innovation, But Not in Debt Collection

Proposed CFPB Rules Allow for Wide Disclosure of Confidential Material

Creditors Beware: Fifth Circuit Court of Appeals Expands Purview Of Potential FDCPA Violations And Furthers Circuit Split

California Amends Identity Theft Requirements for Debt Collectors

Credit card worries weighing on consumers

Consumer Bankruptcy Journal Highlight

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The job of a mortgage servicer seems pretty straight forward, but when a loan modification is thrown into the mix it isn’t always that simple. Read today’s CBJ Highlight by Cathy Moran, “Loan Modification, the 100 k Mistake?”

Upcoming NACBA Events

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6 Key Numbers Every Bankruptcy Attorney Must Know

Date: November 17, 2016
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 minutes)
Presenter: Stephen Fairley, CEO of The Rainmaker Institute
Cost: No Cost to NACBA Members – Member Benefit

Register HERE

Save the Date for NACBA’s Silver Anniversary Annual Convention

Celebrate 25 Years of NACBA!

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 10/24

Let’s Kick Off the Week With These Headlines…

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Monthly Consumer Litigation Cases Fluctuate From August to September

Bank Card Default Rate Drops to Seven Month Low

Supreme Court Takes On Chapter 13 Bankruptcy Mess Created by FDCPA

CFPB Mortgage Servicing Rule Amendments Published in Federal Register

Americans’ Credit Card Debt at Every Age

FICO Research Shows Mortgage Delinquencies Rise for Older Americans

Consumer Bankruptcy Journal Highlight

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Read today’s CBJ Highlight by Christina Kieta,”A Franchise Considering Bankruptcy.”

Upcoming NACBA Events

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6 Key Numbers Every Bankruptcy Attorney Must Know

Date: November 17, 2016
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 minutes)
Presenter: Stephen Fairley, CEO of The Rainmaker Institute
Cost: No Cost to NACBA Members – Member Benefit

Register HERE

Save the Date for NACBA’s Silver Anniversary Annual Convention

Celebrate 25 Years of NACBA!

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 10/14

It’s Friday! Dive Into These End of the Week Headlines!nacbapicture

FDCPA Case Law Review for September 2016

Court Finds that Parents Convicted of Ponzi Scheme Received Value from Tuition Payments

Bankruptcy Avoidance Litigation Part II – Do I Really Have To Give That Payment Back?

CFPB announces several leadership changes

D.C. Circuit Brings CFPB under Presidential Control

Top 10 States for Foreclosure

A Look at What’s in Store for the CFPB

Supreme Court Agrees to Hear Debt-Collections Case

ADVOCATES WANT LEGISLATIVE LEADERS TO CURB SURPRISE MEDICAL BILLS

Treasury Finalizes New Regulations to Limit ‘Earnings Stripping’

Hot Off the Press

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The Fall Edition of the Consumer Bankruptcy Journal is hot off the press with articles and topics that are relevant to you! Start off by reading NACBA’s President’s Report by Edward Boltz as he talks about the impact NACBA has had in the last 25 years.

Upcoming NACBA Events

NACBA Webinars Web Banner (1)

6 Key Numbers Every Bankruptcy Attorney Must Know

Date: November 17, 2016
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 minutes)
Presenter: Stephen Fairley, CEO of The Rainmaker Institute
Cost: No Cost to NACBA Members – Member Benefit

Register HERE

Save the Date for NACBA’s Silver Anniversary Annual Convention

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 10/11

NACBA Finds Headlines That Matter To You!

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Consumers Report Mortgages and Student Loans are Top Forms of Debt

Consumer Borrowing Grows at Record Pace in August

ACA Submits Comments Opposing the CFPB’s Payday Lending Proposed Rule

CFPB Releases Revised Military Lending Act Exam Procedures

Surrender Ends State Foreclosure Fight

In Long Awaited Decision, DC Court of Appeals Rules CFPB Structure is Unconstitutional

ND Calif. Holds Numerous Unwanted Calls Required for TCPA Standing

Appeals Panel Deals Setback to Consumer-Watchdog Agency

CFPB Director’s Power Trimmed by U.S. Appeals Court Ruling

How Much Debt Do Americans Really Have

U.S. Navy Federal Credit Union to pay $28.5 million over debt collection issues

The Biggest Source of Debt for Americans in Every State

Upcoming NACBA Events

NACBA Webinars Web Banner (1)

6 Key Numbers Every Bankruptcy Attorney Must Know

Date: November 17, 2016
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 minutes)
Presenter: Stephen Fairley, CEO of The Rainmaker Institute
Cost: No Cost to NACBA Members – Member Benefit

Register HERE

Save the Date for NACBA’s Silver Anniversary Annual Convention

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 9/29

Check Out Today’s Headlines…

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TCPA Case Law Review for August 2016

U.S. District Court Rules Letter with Internal Reference Number Does Not Violate FDCPA

LendUp Feels Growing Pains As CFPB Orders Payment for Misleading Practices

Unsecured Creditors May Expect Better Recoveries in Bankruptcy

Wells Fargo Isn’t the Only Bank That Draws Cross-Selling Complaints

House Democrats Push CFPB for Stronger Payday Rule

CFPB September 2016 complaint report highlights money transfer complaints, complaints from Pennsylvania consumers

Advocates seek more limits on debt collectors

Monthly Consumer Litigation Increases for FDCPA; TCPA Cases Decline

Upcoming NACBA Events

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NACBA’s 2016 Fall Workshop is Only Days Away!

Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation!  Get all the details and register today!

Save the Date for NACBA’s Silver Anniversary Annual Convention

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 9/22

Thursday’s Headlines…

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“Equivalent Report” Workaround Fails in First Circuit

Advocates Urge CFPB to Strengthen Outlined Debt Collection Rules to Better Protect Consumers

Update: House Subcommittee Announces Witnesses for TCPA Hearing

U.S. Reps Ask CFPB to Include Safe Harbor in Arbitration Rule

Military veterans are losing GI Bill benefits because of ITT bankruptcy

CFPB to credit unions: New mortgage regulations level the lending playing field

Defending A Preference Action – Can You Setoff Post-Petition Amounts Owed by the Debtor Against Your Preference Liability?

D.C. would have more oversight over student loan debt collectors under council proposal

REGISTER FOR TODAY’S WEBINAR BY 2:00 PM

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Don’t miss your chance to listen in on today’s webinar and to be entered to receive a copy of the Chapter 13 Practice and Procedure, 2nd, 2016 Ed. worth $408.00!

Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems with Non-Bankruptcy Causes of Action
DATE: Thursday, September 22, 2016 – 3:00 PM EST / 12:00 PM PST
COST: $25 NACBA Member, $75 Non-Member
PRESENTERS:
Judge Paul W. Bonapfel, Northern District of Georgia
J. Erik Heath, Esq., Consumer Bankruptcy Attorney, San Francisco, CA
John Rao, Esq., National Consumer Law Center, Inc.
REGISTER: HERE

BONUS: One (1) attendee/ registrant will be chosen at random to receive a copy of Chapter 13: Practice And Procedure, 2d, 2016 Ed.. The new second edition is a guide to virtually everything you need to know about practicing law under Chapter 13 of the Bankruptcy Code.(Value $408)

This webinar will cover a variety of standing, judicial estoppel and claim preclusion issues and offer practical suggestions for ways to ensure that debtors’ non-bankruptcy causes of action can be litigated. Topics will include debtor’s standing during and after Chapter 7 and 13 cases, determining whether a cause of action is property of the estate, proper scheduling and disclosure of claims including whether a duty exists for post-petition claims in Chapter 13 cases, avoiding and responding to judicial estoppel arguments, plan treatment of prosecution and settlement of litigation, employment and compensation of counsel to litigate debtor’s legal claims, effect of plan confirmation on debtor’s right to bring causes of action post-confirmation; impact of stating an intent to surrender collateral on post-bankruptcy claims and defenses; using waiver and estoppel arguments against mortgage creditors.

If you are unable to attend the live webinar, please register by September 22, 2016 at 2:00 PM Est. to receive the webinar recording, materials (copy of presentation and Non Bankruptcy Causes of Action exert from Chapter 13: Practice And Procedure, 2d, 2016 Ed) and be registered for drawing.

Events

NACBA’s  Fall Workshop

EARLY BIRD RATE IS EXTENDED! REGISTER TODAY FOR SAVINGS!

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Pack your bags and set sail for the 2016 NACBA Fall Workshop on October 6th-9th for stellar sessions, excellent presenters, CLE, networking and a little relaxation!  Get all the details and register today!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

#NACBASEA Spotlight With Henry Sommer and Tara Twomey

#NACBASEA has a stellar schedule lined up for it’s Fall Workshop at Sea! The sessions kick off bright and early on Saturday October 8, 2016 7:00 am – 8:30 am! Grab your coffee and breakfast before you attend:

Sailing the Supreme Court Seas: The Top Supreme Court Consumer Bankruptcy Court Decisions

It may not be the best court, but it’s the highest court and it is the last word for sailors of the bankruptcy globe. The panel will navigate the Court’s decisions on important consumer bankruptcy issues, including, exemptions, dischargeability, claims, discrimination, chapter 13 plans, lien stripping, and more.
Presenters:

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Henry Sommer

Supervising Attorney
Philadelphia, PA

Henry J. Sommer is Supervising Attorney at the pro bono Consumer Bankruptcy Assistance Project in Philadelphia. He has litigated many major cases involving bankruptcy, consumer law, civil rights and other issues. Previously, he was the head of the Consumer Law Project at Community Legal Services in Philadelphia, where he worked for over 21 years. Mr. Sommer has also served as a Lecturer-in-Law at the University of Pennsylvania Law School and is an Adjunct Professor at Temple University School of Law. He received his A.B. degree from Harvard College, magna cum laude and his J.D. degree from Harvard Law School, cum laude.

Mr. Sommer is Editor in Chief of Collier on Bankruptcy and the entire Collier line of bankruptcy publications. He is the author of Collier Consumer Bankruptcy Practice Guide (Matthew Bender); Consumer Bankruptcy Law and Practice, (9th Ed. 2009) published by the National Consumer Law Center, Boston, Ma., and Consumer Bankruptcy: The Complete Guide to Chapter 7 and Chapter 13 Personal Bankruptcy (John Wiley & Sons 1994) as well as numerous articles on bankruptcy law. He is the co-author of Collier Family Law and the Bankruptcy Code (Matthew Bender).

Mr. Sommer is a former President of the National Association of Consumer Bankruptcy Attorneys (NACBA), a former member of the Federal Judicial Conference Advisory Committee on Bankruptcy Rules (appointed by the Chief Justice of the Supreme Court) and a member of the National Bankruptcy Conference. He is a Fellow of the American College of Bankruptcy, a member of the American Law Institute, and a former member of the Federal Reserve Board Consumer Advisory Council. He is also President of the National Consumer Bankruptcy Rights Center and a former Chairman of the Eastern District of Pennsylvania Bankruptcy Conference.

He has been asked to testify many times before the House and Senate Judiciary Committees, as well as the National Bankruptcy Review Commission, on bankruptcy and consumer law issues. He has served on the faculty of numerous continuing legal education programs including those presented by the Federal Judicial Center, NYU Law School, the National Conference of Bankruptcy Judges, the Southeastern Bankruptcy Law Institute, the Executive Office of U.S. Trustees, the ABA Family Law Section, NACBA, ALI-ABA and the Pennsylvania Bar Institute. Mr. Sommer was the first recipient of the National Consumer Law Center’s Vern Countryman Consumer Law Award.

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Tara Twomey

National Association of Consumer Bankruptcy Attorneys
Amicus Director
Carmel, CA

Tara Twomey is the Amicus Project Director for the National Association of Consumer Bankruptcy Attorneys and currently Of Counsel to the National Consumer Law Center. She is currently a Lecturer in Law at Stanford, and has previously lectured at Harvard and Boston College Law Schools. Tara is a former Clinical Instructor at the Hale and Dorr Legal Services Center of Harvard Law School where her practice focused, in part, on sustainable homeownership for low- and moderate-income homeowners. She is a contributing author of several books published by the National Consumer Law Center including, Foreclosures: Defenses, Workouts and Mortgage Servicing and Bankruptcy Basics. Ms. Twomey is also a co-principal investigator, along with Professor Katherine M. Porter of the University of Iowa, for a national study examining mortgage claims in consumer bankruptcy cases.

Register Today for #NACBASEA and Receive the Early Bird Rate!

Bankruptcy News Briefs 8/8

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What Headlines Kicking Off A New Week?

Survey: Majority of Millennials Say they Won’t Reach Target Retirement Savings

Total Bankruptcy Filings Decline in July

CFPB Debt Collection Plan Doesn’t Spare Banks

Ninth Circuit Rules Every Debt Collector Must Send Verification Notice

Mortgage Delinquency Climbs Higher in Q2

UPCOMING WEBINARS

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How To Build a Thriving Bankruptcy Practice In A Down Market
DATE: Thursday, August 11, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTER: Mr. Richard James
REGISTER HERE

CFPB Proposed Rule on Payday & Car Title Lending
DATE: Thursday, August 18, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTERS:
Ms. Ellen Harnick, Senior Policy Counsel & Western States Director, CRL
Ms. Lisa Stifler, Deputy Director of State Policy, CRL
REGISTER HERE

Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems
with Non-Bankruptcy Causes of Action
DATE: Thursday, September 22, 2016 – 3:00 PM EST / 12:00 PM PST
COST: $25 NACBA Member, $75 Non-Member
PRESENTERS:
Judge Paul W. Bonapfel, Northern District of Georgia
J. Erik Heath, Esq., Consumer Bankruptcy Attorney, San Francisco, CA
John Rao, Esq., National Consumer Law Center, Inc.
REGISTER: HERE

CONSUMER BANKRUPTCY JOURNAL HIGHLIGHT

Are you committed to learning? Are you a member of an organization that cares about your continual personal and professional growth? Read, USMC General Anthony C. Zinni’s article on, “A Life of Learning ,” in today’s Consumer Bankruptcy Journal Spotlight and find out why lifelong learning matters!

MARK YOUR CALENDARS

Register Now for the Early Bird Rate!

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Join us to set sail for NACBA’s Summit at Sea (#NACBASEA) setting sail from October 7th-10th with a a Pre-Cruise event  and a Launch Party on October 6th. Get great savings by taking advantage of the Early Bird Rate ending, September 2nd! Check out the Schedule and Register Today!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

/Bankruptcy News Briefs 8/2

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Read the Headlines Here…

A share of households in the U.S. have total debt that exceeds their assets, known as “negative wealth,” according to survey findings from the Federal Reserve Bank of New York. In Survey: Debt Exceeds Assets for Some Households in the U.S.

The CFPB intends to give consumers the option to provide feedback on the company’s response to and handling of their complaints. In CFPB’s Consumer Response Proposes New Consumer Feedback Survey

Last week the CFPB released its 117-page Outline of Proposed Rules for debt collection read the breakdown of these proposals...insideARM Perspective on CFPB Outline of Proposed Debt Collection Rules – Communication Part 2

More than 70 million Americans have some type of debt in collections. Read why…Some Debt Collections Just Aren’t Worth It

The failure to repay student loans is becoming a modern day standoff.. Read how many American are ignoring the calls, email, and letters in…Student-Loan Defaulters in a Standoff With Federal Government

UPCOMING WEBINARS

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How To Build a Thriving Bankruptcy Practice In A Down Market
DATE: Thursday, August 11, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTER: Mr. Richard James
REGISTER HERE

CFPB Proposed Rule on Payday & Car Title Lending
DATE: Thursday, August 18, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTERS:
Ms. Ellen Harnick, Senior Policy Counsel & Western States Director, CRL
Ms. Lisa Stifler, Deputy Director of State Policy, CRL
REGISTER HERE

CONSUMER BANKRUPTCY JOURNAL HIGHLIGHT

Stay updated on the changes occurring in your field, read New Bankruptcy Rule, Amendments to Chapter 13 Plan Proposed,” by Diane Davis featured in today’s #CBJ spotlight.

MARK YOUR CALENDARS

Register Now for the Early Bird Rate!

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Join us to set sail for NACBA’s Summit at Sea (#NACBASEA) setting sail from October 7th-10thwith a a Pre-Cruise event  and a Launch Party on October 6th. Get great savings by taking advantage of the Early Bird Rate ending, September 2nd! Check out the ScheduleandRegisterToday!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!