TCPA

Bankruptcy News Briefs 1/3

Midweek Headlines…

ICYMI: U.S. District Court Hears Oral Arguments in CFPB Leadership Case

Circuit Court: Debtor Claiming Federal exemptions under § 522 of the Bankruptcy Code May Exempt a 100% Interest in an Asset in Certain Situations

 Even Though it Resulted in Windfall for Undeserving Defendant, Court Applied Judicial Estoppel Against Debtor who Failed to Amend Bankruptcy Schedules to Disclose the Existence of Litigation

CFPB Report: Consumer Credit Market Remains Largely Stable

$119,000 Sanctions for Discharge Injunction Violations

Plaintiff/Debtor Loses Motion In Limine to Exclude Student Loan Promissory Note since NCSLT Witness Testimony May be able to Authenticate the Full Document

Mulvaney Updates CFPB Mission

CFPB Credit Card Market Report Addresses Collections and Recovery

U.S. appeals court revives proposed debt collection class action

Miami-Dade Clerk Wins Dismissal of Lawsuit Over 40 Percent Collection Fee

Average American’s Holiday Debt Goes Up 5 Percent

Nationwide consumer debt higher than ever before

Kick Off the New Year with A New Webinar!

Stump the Chumps!
Date: Thursday, January 11, 2018
Time: 11:30 AM Eastern / 8:30 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: James J. Haller, John C. Colwell, Ed Boltz, Gene Melchionne and Henry Sommer

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!

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Bankruptcy News Briefs 12/28

Check Out Headlines Making News…

Educational Debt in Excess of §109(e) Debt Limit is Not Cause for Dismissal or Conversion of Chapter 13 Case

Debtors Could Exempt their Mobile Home in Massachusetts under a Florida Statute, which the Court found to be Extraterritorial

Narrow bankruptcy laws make it nearly impossible to discharge student debt

Americans have more credit cards – and more debt says CFPB

Northern District Of New York: No FDCPA Violation Where Pre-Judgment Interest Not Disclosed In Collection Letters

CFPB adjusts HMDA data collection, TILA mortgage escrow thresholds

SDNY Bankruptcy Court Chimes in on Bankruptcy Court’s Jurisdiction to Consider Third-Party Releases

CFPB plans to further delay prepaid rule

Many Americans don’t have a plan to pay off their debts

Fifth Circuit Claims Loan Modification Communications Are Not Debt Collection Activities Under TDCA

Court Holds that Bankruptcy Judges Cannot Impose Punitive Sanctions

Beware secured creditors: The newly amended US Federal Rules of Bankruptcy Procedure now require filing a proof of claim

Kick Off the New Year with A New Webinar!

Stump the Chumps!
Date: Thursday, January 11, 2018
Time: 11:30 AM Eastern / 8:30 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: James J. Haller, John C. Colwell, Ed Boltz, Gene Melchionne and Henry Sommer

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 12/26

Missed Headlines Last Week? Catch Up Today!

BAP: Bankruptcy Court Did Not Err in Sanctioning Ocwen $119,000 for Willful Discharge Violation but Did Err by Holding that it Lacked Authority to Award Punitive Damages

Total Bankruptcy Filings Increase in November

Minimum Percentage Paid to Unsecured Creditors is Not a Factor in Determining Reasonable of Chapter 13 Counsel’s Fees

FTC Issues Reminder to Consumers on Stopping Robocalls as Legitimate Businesses Calls Continue to Get Improperly Blocked and Labeled

Traffic Fines Not Given Priority in Chapter 13

Fourth Circuit Side-Steps Retirement Contribution Issue

Education Department Rolls Back Relief to Defrauded Corinthian Colleges Students

New Bankruptcy Rules that Creditors Need to Know and Follow

Banking Lobbyists Back FCC Petition to Shield Companies from Penalties for Text Messaging Consumers

CFPB’s Updated Timeframe for Debt Collection Rulemaking Unlikely as New CFPB Leadership Signals a Stall

Tax Sale Can be Redeemed Through Chapter 13 Plan

FDCPA Caselaw Review for November 2017

Northern District of NY Agrees with Debt Collector: Pre-Judgment Interest Does Not Trigger Avila Disclosure Requirements

E.D.N.Y. Rips Into Plaintiffs’ Bar on Reverse Avila Claims

The conflict over the CFPB and what it means for the future

Under New Leadership, CFPB Withdraws Proposed Debt Collection Disclosure Survey

What 2017 meant for student loan borrowers

Student Loan Debt Is The Gift That Keeps Giving

Bankruptcy Court Lacked Power to Issue Punitive Sanctions

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 with the Early Bird Rate!

Kick Off the New Year with A New Webinar!

Stump the Chumps!
Date: Thursday, January 11, 2018
Time: 11:30 AM Eastern / 8:30 AM Pacific (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: James J. Haller, John C. Colwell, Ed Boltz, Gene Melchionne and Henry Sommer

Register HERE

Remember to Renew Your NACBA Membership for 2018!

Bankruptcy News Briefs 12/15

End of the Week Headlines…

The Looming Collapse of Student Loan Asset-Backed Securities

“Snapshot” Rule Precludes Amended Homestead Exemption

Chapter 13 Debtor Can’t Redeem Pawned Auto Through Plan

Study: Consumers’ Pre-Recession Spending, Debt Habits Continue

Both Sides Are Wrong in Bank-Watchdog Power Struggle

Betsy DeVos hit with two lawsuits in one day over backlog of student debt relief claims

Bill before Congress to help combat student loan debt

BAP Affirms Bankruptcy Court’s Denial of Student Loan Discharge for Single Mother on Food Stamps and Medicaid Where her Income Based Payment Would be $0

Bankruptcy filings up 15% in Toledo area

The United States of Indebted America

It’s a New Month Renew Your NACBA Membership for a Chance to Win 2 Great Resources!

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.

Registration is Open for the 2018 NACBA Annual Convention! 

Register by February 23rd for Early Bird Savings!

NACBA’s Summit at Sea

Don’t miss this Members Only event, November 29 – December 3, 2018. Mark your calendars, save the dates, and prepare to set sail on NACBA’s voyage at sea! Registration is now open!

Bankruptcy New Briefs 12/14

In Today’s Bankruptcy News Briefs…

Why States Should Have Primary Oversight of Attorney’s Activities in Debt-Collection Litigation

U.S. House Financial Services Committee Votes to Reduce Credit Bureau Consumer Protections

THE FIGHT TO CONTROL THE CFPB ISN’T OVER YET

CUNA files amicus brief supporting Mulvaney at CFPB

The preclusive effect of a Congressional override of the CFPB dealer pricing bulletin: we think Professor Levitin’s premise is wrong

Consumer lending 2017: Bold bets and strategic exits

District Court Affirms Finding of No Undue Hardship for 44-Year Old Lawyer/Nurse who Sought to Discharge Student Loans

Bankruptcy Law Update: Preferences and Selected Bankruptcy Issues

New York launches tough new regs in wake of Equifax breach

Student Loans, Bankruptcy and the Silence of Presidents

Nearly 5 Million Americans in Default on Student Loans

It’s a New Month Renew Your NACBA Membership for a Chance to Win 2 Great Resources!

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.

Registration is Open for the 2018 NACBA Annual Convention! 

Register by February 23rd for Early Bird Savings!

NACBA’s Summit at Sea

Don’t miss this Members Only event, November 29 – December 3, 2018. Mark your calendars, save the dates, and prepare to set sail on NACBA’s voyage at sea! Registration is now open!

Bankruptcy News Briefs 12/11

Check Out Monday’s Headlines…

Consumer Advocates File in Support of Acting CFPB Director Leandra English

Special Counsel Violates Code and Rules by Failure to Disclose Fee Agreements

TCPA Case Law Review for September-November 2017

Judge in CFPB Leadership Case Sets Swift Court Schedule

Mick Mulvaney Taking a Closer Look at CFPB Investigations

Bank is not entitled to the Fees at issue under the terms of the Mortgage since it did Not give Actual Notice of Post-Petition Fees to Chapter 13 Debtors

11th Cir: §362(k)(1) Authorizes Debtors’ Attorneys’ Fees in Ending a Willful Violation of Stay, Prosecuting a Damages Violation, and Defending Appeal of those Issues

Bill aims to forgive volunteer first responder student loan debt

Americans are drowning in debt. Here’s where they have it the worst.

The Undoing of the CFPB: Why Consumers Should Know and Care

CU Share of Consumer Loans Up in October

The #Resistance Is ‘Creating a Genuine Constitutional Crisis at the CFPB

With CFPB, GOP can finally make good on abolishing federal agencies

Average US household owes $15,654 in credit card debt

Medical Debt Accrual Down By 45% In States After Medicaid Expansion

It’s a New Month Renew Your NACBA Membership for a Chance to Win 2 Great Resources!

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.

Registration is Open for the 2018 NACBA Annual Convention! 

Register by February 23rd for Early Bird Savings!

Bankruptcy News Briefs 12/8

Headlines Kicking Off The Weekend…

District Court Doubles Down on Romero and Again Dismisses TCPA Claim for Lack of Article III Standing

Discharged Debtor’s Claims of Invasion of Privacy/Violation of FCRA Survived Banks’ Motion to Dismiss Where he Alleged Banks had No Legitimate Reason to Pull his Credit Reports

FTC Bans Three Scammers From Posing as Debt Collectors

Credit Card Balances Cause Increase in Overall U.S. Consumer Credit

From the Web: Senate Banking Committee Advances Regulatory Relief Bill

Consumer Reports CEO: We all have a stake in the future of the CFPB

Commentary: How the CFPB Fight Is a Sign of the Next Financial Crisis

9th Cir. Holds FDCPA Preempts State Judgment Execution Laws

Two student loan studies everyone missed

Consumer accuses debt collector of violating FDCPA

It’s a New Month Renew Your NACBA Membership for a Chance to Win 2 Great Resources!

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.

Registration is Open for the 2018 NACBA Annual Convention! 

Register by February 23rd for Early Bird Savings!