TCPA

Bankruptcy News Briefs 10/6

Headlines Leading Into the Weekend…

Consumer Watchdog Curbs Unaffordable 300% Payday Loans

Court Awards NACBA Member $119, 952.24 in Fees and Expenses in Defending Against Portfolio Recovery Associates’ Appeal of Order Sanctioning It

Early analysis – Credit unions see numerous improvements in CFPB final short-term, small-dollar rule

PA attorney general says ‘deceptive’ Navient took $4 billion out of student loan holders’ pockets

GOP polling firm: Bipartisan support for consumer bureau arbitration rule

Another lesson from Equifax – We must end the predatory consumer practice of forced arbitration

Robert Samuelson: The resilient American consumer

Bankruptcy filings trend lower through three quarters of 2017

Appeal Pending in Bankruptcy Case Regarding Tuition Payments

Judge Orders Bank of America to Redo Settlement in Mortgage Dispute

IRS Gives Equifax Multimillion-Dollar Deal Despite Massive Data Breach

NACBA’s 2017 Hill Day!

NACBA is excited for 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

NACBA’s October Webinar Lineup!

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

NACBA Membership Promotion! 

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!
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Bankruptcy News Briefs 10/5

Check Out Headlines in Thursday’s Bankruptcy News Briefs…

Federal Student Loan Default Rates See Slight Uptick

U.S. Chamber of Commerce and Other Finance Industry Groups File Lawsuit to Overturn CFPB’s Arbitration Rule

Three Commonly Overlooked Causes of Bankruptcy in the US

Court: Validation Notice Sent Via Email Requiring Consumer to Click a Link to Open a “Secure Package” Is Not “Sending” a Validation Notice Under FDCPA

Judge Rules Unintentional Violation of Policies and Procedures Permits Debt Collector to invoke ‘Bona Fide Error’ Defense

Debtor in Her Fifties who Never Searched for Jobs Unrelated to her Master’s Degree, and who Never Applied for Income-Based Repayment Plans, Failed All 3 Prongs of Brunner Student Loan Dischargeability Test

Reform of the CFPB Through the Financial Choice Act

Post-Recession Borrowers Struggle to Repay Loans

CFPB issues interim final rule on mortgage servicer communication

Dear Debtor, Three Strikes And You’re Outta Here!

Ninth Circuit Reverses Course On Measure Of Collateral Value In Cramdown Confirmation Of Chapter 11 Plan

Maine Bankruptcy Judge Rules That § 362(c)(3)(A) Automatically Terminates Automatic Stay

Equifax Calls for Free Credit Locks. Experian’s Reply? Nope.

Advocates Seek Congressional Action on Credit Data Protection

Rising Household Debt: What It Means For Growth And Stability

NACBA’s 2017 Hill Day!

NACBA is excited for 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

NACBA’s October Webinar Lineup!

Today’s Webinar!

Date: Thursday, October 5th, 3:00 PM – 4:00 PM Eastern
Presented By: Dan LaBert, NACBA Executive Director
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

NACBA Membership Promotion! 

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

 

Bankruptcy News Briefs 10/4

Midweek Headlines…

Pennsylvania Attorney General Seeks to Halt ‘Rollback of Critical Student Loan Protections’

Judicial Lien Need Not Be Enforceable To Be Avoidable

The ‘Let Them Eat Cake’ Party-The Senate GOP would send yet another tone-deaf message if it guts CFPB’s voluntary arbitration rule.

Judge says no to new trial for Houston debt buyer after $25 million verdict

Debt settlement vs. filing for bankruptcy: Pros and cons

U.S. economic growth expected to continue, Baird investment pro says

No U.S. Bailout for Puerto Rican Debt, Trump’s Budget Chief Says

The high cost of student loan debt

Unraveling the Equifax Data Breach

How the Bankruptcy System Is Failing Black Americans

Total New Hampshire bankruptcies fall in September

Senate Acts to Ease Pressure on Bankruptcy Courts and Increase Bankruptcy Fees

September 2017: Bankruptcy & Restructuring Litigation Update

NACBA’s 2017 Hill Day!

NACBA is excited for 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

 

NACBA’s October Webinar Lineup!

 

The Listserv is Dead! Long Live the Listserv!

Date: Thursday, October 5th, 3:00 PM – 4:00 PM Eastern
Presented By: Dan LaBert, NACBA Executive Director
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

NACBA Membership Promotion! 

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 10/3

Dive Into Tuesday’s Headlines…

In Connecticut, 29 Call Attempts in 24 days May Be FDCPA Violation

Consumer Litigation Filings Reverse Course from July

New York Court Rules Settlement Offer in First Letter Not a FDCPA Violation

National Law Firm Ordered to Refund Attorneys’ Fees to Prospective Debtors, Where Local Counsel Drafted a Petition but Never Filed it and Ignored the Debtors

Eleventh Circuit Holds That Voicemails Are “Communications” and Clarifies “Meaningful Disclosure” under the FDCPA

2.5 Million More People Potentially Exposed in Equifax Breach

Equifax Is Taking Over From Wells Fargo as the Financial Industry’s Villain

Most States Still Don’t Have Comprehensive Balance Billing Legislation

First Equifax, now government: CFPB putting your data at risk

The Top 5 Mistakes People Make When Paying Off Debt

NACBA’s 2017 Hill Day!

NACBA is excited for 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

NACBA Membership Promotion! 

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

NACBA’s October Webinar Lineup!

The One Secret You Must Know To Triple Your New Bankruptcy Leads From Your Existing Advertising

Date: Tuesday, October 3rd, 2:00 PM – 3:00 PM Eastern
Presented By: Richard James, Automated Business Results
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

The Listserv is Dead! Long Live the Listserv!

Date: Thursday, October 5th, 3:00 PM – 4:00 PM Eastern
Presented By: Dan LaBert, NACBA Executive Director
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 10/2

Check Out the Headlines Kicking Off October…

Disallowance for Procedural Reasons Does Not Support Voidance of Lien

National Consumer Law Center Joins Legal Fight for Student Borrower Protections against Predatory Schools

Office of Inspector General: CFPB Can Improve Certain Guidance for Civil Investigative Demands

U.S. Chamber of Commerce suing to block rule allowing consumers to sue their banks

FDCPA Case Challenges Use of Trade Name Abbreviation

Disallowance of the Post-petition Attorney Fees under FRBP 3002.1 did Not Modify Servicer’s Rights in violation of § 1322(b)(2)

Party that did Not Participate in underlying Bankruptcy Had No Standing to Reopen the Case

Credit Union Could Not Bootstrap Terms into Reaffirmation Agreement through inconspicuous Additions to the Statutory Disclosures

Since Debtor’s Liability to IRS for Fraudulent Transfer was not a Tax, it was Not a Priority Debt

Couple in 40s Use Bankruptcy to Partly Wipe Out Student Debt

Quarterly Chapter 11 Fees Paid First in Chapter 7 Distributions

NACBA’s 2017 Hill Day!

NACBA is excited for 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

NACBA Membership Promotion! 

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

NACBA’s October Webinar Lineup!

The One Secret You Must Know To Triple Your New Bankruptcy Leads From Your Existing Advertising

Date: Tuesday, October 3rd, 2:00 PM – 3:00 PM Eastern
Presented By: Richard James, Automated Business Results
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

The Listserv is Dead! Long Live the Listserv!

Date: Thursday, October 5th, 3:00 PM – 4:00 PM Eastern
Presented By: Dan LaBert, NACBA Executive Director
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

Top 10 Ways to Drastically Increase Lead Conversion

Date: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
Presented By: Stephen Fairley, Founder & CEO of The Rainmaker Institute
Cost:  Member Benefit – No Cost for NACBA Members
Register: HERE

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 9/26

Check Out What’s Happening in the News…

Bank Card Default Rate Shows Significant Decline

Judge Awards Attorney Fees to FDCPA Defendant in Case of ‘Vexatious’ Plaintiff’s Counsel

Debtor’s Pre-Petition Tuition Payments for Minor Child were Not Fraudulent Transfers

3 more reports question CFPB’s actions and structure

Equifax Breach Rekindles Dialogue about Regulatory Reform

Bill proposed by lawyer would exempt lawyers from debt-collection liability

Voicemail Triggers Fair Debt Collection Law, Appeals Court Says

Proposed law aims to protect low-income residents from burdensome debt collection

NACBA’s 2017 Hill Day!

NACBA is excited for 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

NACBA Membership Promotion! 

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Register for NACBA’s October Webinar!

Top 10 Ways to Drastically Increase Lead Conversion

DATE: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
PRESENTED BY: Stephen Fairley, Founder & CEO of The Rainmaker Institute
COST:  Member Benefit – No Cost for NACBA Members
REGISTER: HERE

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 9/25

New Week…New Headlines…

CFPB Action Against Equifax Imminent

Overshadowed and Contradicted: Third Circuit Rules Second Demand Letter Violated FDCPA’s “Validation Notice” Requirement

On Anniversary of 7th Amendment, More than 400 Professors in All 50 States Urge Congress Not to Take Away Our Day in Court

Student loan debt doesn’t just hurt students. It hurts the U.S. economy, too

Report: Unaccountable CFPB Regulators Do More Harm than Good for Consumers

House Financial Services says CFPB failed to adequately investigate Wells Fargo in fraud case

Update on The CFPB’s Enforcement Case against Ocwen Financial Corporation

Equitable Mootness Doctrine Persists in Bankruptcy Appeals

Is the CFPB’s Regulatory Power Limited?

NACBA’s 2017 Hill Day!

NACBA is excited for 2017 Hill Day at Home October 16- October 20, 2017. Hill Day at Home allows NACBA members to meet with federal lawmakers, grow and maintain working relationships with Congressional offices, and have a lasting impact on bankruptcy policymaking, all without leaving the comfort of your state. Meetings will be arranged for you, some taking place in local House and Senate district offices and some being held over the phone with bankruptcy staffers in D.C.

NACBA Membership Promotion! 

Renew your NACBA membership this month for a chance to be entered to win not one but 2 amazing resources! Here’s what you can win!

  • NCLC’s Quick Guide to Federal Evidence and Objections(value $35). An essential practice tool for federal (and even state) court litigation, facilitating objection by rule number, and including common objections and motions at every stage of a case.
  • In addition to the Quick Guide to Evidence, winners will also receive the guide inside a NACBA logo portfolio (value $50). This portfolio even includes a protective space for your tablet!

Just renew your membership for a chance at winning!  Two (2) winners will be chosen at random each month.

Register for NACBA’s October Webinar!

Top 10 Ways to Drastically Increase Lead Conversion

DATE: Thursday, October 26th, 3:00 PM – 4:00 PM Eastern
PRESENTED BY: Stephen Fairley, Founder & CEO of The Rainmaker Institute
COST:  Member Benefit – No Cost for NACBA Members
REGISTER: HERE

Save The Date!

 

  • Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!
  • NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!