TCPA

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

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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

Check Out Today’s Headlines…

From the Web: Education Secretary Issues Guidance on State Regulations of Student Loan Servicers

WalletHub Study: Credit Card Debt Surpasses $1 Trillion

EDNY: Avila and NYDFS Requirements Collide

Second Circuit Finds Arbitration Conflicts with Discharge Injunction

Nearly 1 in 5 Americans Has Crippling Medical Debt

Creditor’s Motion to Reopen and Compel Surrender of Home Denied Where No Relief was Justified (since Husband had Died and Wife Not on Note)

Trump’s CFPB looks at credit cards and, absurdly, sees ‘a positive picture for consumers’

Opinion: The Attack on the CFPB Threatens Consumers and Ignites a Race to the Bottom

Debt collection, fraud are making consumers angry

Feds tell state officials to back off student loan debt collectors

Bankruptcy Court Reluctantly Allows Creditor To Shuck “Lil’ Sweet Pea” Accounts

Debt collectors top list of consumer complaints in 2017

Student debt crisis deepens as Gen Z enters college

Would Cancelling All Student Debt Help The Economy?

Feds attempt to bar states from regulating student loan debt collectors

7 myths about bankruptcy and your credit debunked

Kick Back and Read the Latest Edition of the Consumer Bankruptcy Journal!

Features in this quarter’s issue include:

  • The President’s Report
  • Six Secrets of the IRS Account Transcripts
  • Court Won’t Let Bank of America “Buy’ and “Bury” Judgment Against It
  • Notice of Elections

Visit the CBJ to read these articles and more!

Register for NACBA’s Webinars!

Escrow Shortage Claims
Date: March 15, 2018
Time: 1:00 PM Eastern / 10:00 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Tara Twomey, Esq. & John Rao, Esq.

Register HERE

Have you ever received a mortgage arrearage claim including a hefty escrow shortage? This webinar will examine how to review that claim for accuracy and how to explain it to your client. Don’t miss this opportunity to save yourself time and aggravation when reviewing these claims.

Circuit Case Law Update
Date: ON DEMAND
Time: ON DEMAND
Cost: Free for NACBA Members
Presenters: Jim Molleur, David Shaev, Trish Meyer, Koury Hicks, Behrooz Vida, Brian Flick, David Yen, Wendell Sherk, Stanley Zlotoff, Jill Michaux and Nathan Juster.

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive and we don’t want you to miss out on this awesome Annual Convention!

Register Today!

Bankruptcy News Briefs 3/8

Thursday’s News…

FCC Continues Consideration of a Reassigned Number Database

Creditors Should Build Trust in Collections by Saying ‘Goodbye’

FDCPA Caselaw Review for January 2018

Senate banking bill would make credit freezes free

How Well Do States Protect Consumers from Unfair and Deceptive Business Practices?

New Sanctions Proposed for Colleges Under Student Loan Rule

Promontory MortgagePath adds former top CFPB lawyer as chief compliance officer

PayThink The CFPB must set aside politics to serve its role

Too much student loan debt? Iowa lawmakers think they have a solution

WHY DOES BANKRUPTCY FAIL SO MANY AMERICANS?

U.S. Household Debt Rose Last Quarter at Fastest Rate Since 2007

Gainful Employment Rule Affects Student Loan Borrowers

Illegal ‘zombie’ debt collections rampant in Florida, advocate says

U.S. Consumers Rack Up $11.9 Billion in Overdue Credit Card Debt

Kick Back and Read the Latest Edition of the Consumer Bankruptcy Journal!

Features in this quarter’s issue include:

  • The President’s Report
  • Six Secrets of the IRS Account Transcripts
  • Court Won’t Let Bank of America “Buy’ and “Bury” Judgment Against It
  • Notice of Elections

Visit the CBJ to read these articles and more!

Register for NACBA’s Webinars!

Escrow Shortage Claims
Date: March 15, 2018
Time: 1:00 PM Eastern / 10:00 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Tara Twomey, Esq. & John Rao, Esq.

Register HERE

Have you ever received a mortgage arrearage claim including a hefty escrow shortage? This webinar will examine how to review that claim for accuracy and how to explain it to your client. Don’t miss this opportunity to save yourself time and aggravation when reviewing these claims.

Circuit Case Law Update
Date: ON DEMAND
Time: ON DEMAND
Cost: Free for NACBA Members
Presenters: Jim Molleur, David Shaev, Trish Meyer, Koury Hicks, Behrooz Vida, Brian Flick, David Yen, Wendell Sherk, Stanley Zlotoff, Jill Michaux and Nathan Juster.

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive and we don’t want you to miss out on this awesome Annual Convention!

Register Today!

 

Bankruptcy News Briefs 3/7

Dive Into Midweek Headlines…

Survey: Consumers Plan to Save Tax Refunds, Pay Off Debt

Judge Says Plaintiffs in ED Case Likely to Succeed on Merits of Protest

TCPA Caselaw Review for January 2018

Montana Court Refuses to Shift Venue of “Related to” CFPB Police Action to Texas Bankruptcy Court

Senate advances plan to weaken Dodd-Frank banking rules on bipartisan vote

Debtor Correctly Excluded Mother’s Social Security From PDI

Trump is systematically backing off consumer protections, to delight of corporations

Mulvaney: The CFPB Will Rely Much More On State Attorneys General

10 biggest financial laws passed since Dodd-Frank

Equifax data breach affected 2.4 million more consumers

When Prosecutors and Debt Collection Companies Become Business Partners

3rd Cir. Holds Settlement Offer as to Time-Barred Debt May Violate FDCPA

Supreme Court Makes Bankruptcy Claw-Backs Easier While Protecting Financial Institutions

Kick Back and Read the Latest Edition of the Consumer Bankruptcy Journal!

Features in this quarter’s issue include:

  • The President’s Report
  • Six Secrets of the IRS Account Transcripts
  • Court Won’t Let Bank of America “Buy’ and “Bury” Judgment Against It
  • Notice of Elections

Visit the CBJ to read these articles and more!

Register for NACBA’s Webinars!

Escrow Shortage Claims
Date: March 15, 2018
Time: 1:00 PM Eastern / 10:00 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Tara Twomey, Esq. & John Rao, Esq.

Register HERE

Have you ever received a mortgage arrearage claim including a hefty escrow shortage? This webinar will examine how to review that claim for accuracy and how to explain it to your client. Don’t miss this opportunity to save yourself time and aggravation when reviewing these claims.

Circuit Case Law Update
Date: ON DEMAND
Time: ON DEMAND
Cost: Free for NACBA Members
Presenters: Jim Molleur, David Shaev, Trish Meyer, Koury Hicks, Behrooz Vida, Brian Flick, David Yen, Wendell Sherk, Stanley Zlotoff, Jill Michaux and Nathan Juster.

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive and we don’t want you to miss out on this awesome Annual Convention!

Register Today!

 

Bankruptcy News Briefs 3/6

Stay Updated With Tuesday’s Headlines…

Republican Members of Congress File Amicus Brief in Support of CFPB Acting Director

CFPB Looking for Input on its Controversial Complaint Portal

TransUnion Report Reveals Current Consumer Credit Trends, Including 20.3 Million More Accounts

CFPB Report Reveals Impact Removal Of Public Records Has On Credit Reporting: Did It Make A Difference?

District Court Reverses Bankruptcy Court’s Decision to Deny Attorney’s Fee Application Where Debtor Intended to Convert to Chapter 7

Debt Collection Law Firms Must Follow FDCPA in Foreclosure Cases, Court Says

California braces for battle with Trump administration over student loans

DC tops national credit card debt list, Baltimore ranks 6th

Number of FDCPA and TCPA Lawsuits Filed in 2017 Decreases; CFPB, BBB Complaints, and FCRA Lawsuits on the Rise

Court Finds Mini-Miranda Not Necessary for Consumer-Initiated Call

Sixth Circuit Dismisses FDCPA Claim Based On Letter For Lack Of Standing

Register for NACBA’s Webinars!

Escrow Shortage Claims
Date: March 15, 2018
Time: 1:00 PM Eastern / 10:00 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Tara Twomey, Esq. & John Rao, Esq.

Register HERE

Have you ever received a mortgage arrearage claim including a hefty escrow shortage? This webinar will examine how to review that claim for accuracy and how to explain it to your client. Don’t miss this opportunity to save yourself time and aggravation when reviewing these claims.

Circuit Case Law Update
Date: ON DEMAND
Time: ON DEMAND
Cost: Free for NACBA Members
Presenters: Jim Molleur, David Shaev, Trish Meyer, Koury Hicks, Behrooz Vida, Brian Flick, David Yen, Wendell Sherk, Stanley Zlotoff, Jill Michaux and Nathan Juster.

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!

 

Bankruptcy News Briefs 3/2

End of the Week Headlines…

11 USC 521(e) allows the Debtor to Avoid Dismissal of Case if the Failure to Provide Required Tax Return is Attributable to Circumstances Beyond her Control

Reasonable Voluntary Retirement Contributions are Not Disposable Income when the Debtor has made those Contributions on a Consistent Basis Prior to the Filing of the Chapter 13

Appellate Court Reignites TCPA Case Over Debt Collection Calls

CFPB Advisory Committee Meets; Emphatic Agreement that Debt Collection Rules are Needed

CFPB invites comments on “usefulness” of consumer complaint database, reports

Equifax says it’s still under CFPB investigation

Equifax says hackers stole more than previously reported

Court reinstates TCPA suit in case of 300 debt collection calls

Collection Industry Requests Guidance from Mass AG Regarding Longstanding Interpretation of Validation Requirements

Supreme Court Limits Scope of Safe Harbor Protection for Avoidance Actions

New Fed chair doesn’t understand why student debt can’t be discharged in bankruptcy

Massachusetts can sue federal student loan servicer, judge rules

Register for NACBA’s Webinars!

Escrow Shortage Claims
Date: March 15, 2018
Time: 1:00 PM Eastern / 10:00 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Tara Twomey, Esq. & John Rao, Esq.

Register HERE

Have you ever received a mortgage arrearage claim including a hefty escrow shortage? This webinar will examine how to review that claim for accuracy and how to explain it to your client. Don’t miss this opportunity to save yourself time and aggravation when reviewing these claims.

Circuit Case Law Update
Date: ON DEMAND
Time: ON DEMAND
Cost: Free for NACBA Members
Presenters: Jim Molleur, David Shaev, Trish Meyer, Koury Hicks, Behrooz Vida, Brian Flick, David Yen, Wendell Sherk, Stanley Zlotoff, Jill Michaux and Nathan Juster.

Register HERE

Who’s Ready for the 2018 NACBA Annual Convention!

Visit the Annual Convention site for the updated schedule, speakers, pre-convention sessions and more! In a blink of an eye, April will arrive! Register today and get savings at the Early Bird Rate!

Register Today!