TCPA

Bankruptcy News Briefs 1/30

Check Out the News Making Headlines…

Report: End-of-Year Consumer Litigation Filings Decline

NCLC / CFA 2018 Consumer Advisory: Tax Time Consumer Issues: New Risks, Old Problems

The CFPB Approach to Regulation Has It Backward

CFPB Requests Comments on its CID Process

While Mulvaney Plans To Change Philosophy Of CFPB, Debt Collection Industry May Remain Under Scrutiny

ABA to CFPB: Protect Accommodation Loan Exemption in Small-Dollar Loan Rule

Decline in Student Loan Borrowing

U.S. consumer confidence rises in January

Confirmation from Pennsylvania Superior Court: The Fair Share Act Applies to Strict Liability Cases Involving Asbestos Exposure

Right to Attorneys’ Fees for Stay Violations Extends to Appeals

Register for February’s Webinar!

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM PACIFIC (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner 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 1/29

New Week Fresh Headlines…

Consumers’ Outlook on Finances, Credit Availability Improves

7th Cir. Holds Debt Collector Violated FDCPA Despite Using Miller Safe Harbor Language

District Court Reverses Bankruptcy Court’s Discharge of Student Loans Since Debtor Failed to show that it is more likely than not that she’ll be Unable to Maintain a Minimal Standard of Living for a Significant Portion of her Loan Term

Court used FRBP 9006, Not Equitable Power, to Strike Debtors’ Amended Schedules (which had Exempted Previously Undisclosed Lawsuit)

SCOTUS: State Statute of Limitations Pauses for Federal Court

CFPB Finalizes Changes to Prepaid Accounts Rule and Extends Effective Date

Industry Groups File Responses to FCC Call Blocking Notice

President Trump Submits Four FTC Nominations to U.S. Senate

Personal finance: Is there such a thing as a debtor’s prison?

Court Applied Chapter 11 Principle to Deny Chapter 13 Debtor a Second Chance to Cure Balloon Mortgage

Opinions: How Mick Mulvaney is dismantling a federal agency

Court Won’t Let Bank of America “Buy and Bury” Judgment Against It

CFPB Retrospective—Five Enduring Lessons, Even After Cordray’s Departure

Instead of ‘pushing the envelope,’ Mulvaney is mailing it in at CFPB

How Student Loans Are Killing Homeownership

Western District of Wisconsin Ranks 1st in the Nation in Chapter 12 Farm Bankruptcy Filings in 2017.

Limiting Ponzi Scheme Recoveries in Bankruptcy: United States Supreme Court Declines to Review Fraudulent Transfer Ruling in Favor of Bank

Register for February’s Webinar!

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM PACIFIC (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner 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 1/25

Take a Look at the Headlines Making News…

CFPB to Prioritize Debt Collection Rulemaking

President Announces Intent to Nominate FTC Acting Chairman as Federal Judge

Debtor Could Not Strip-off Liens Where all of Bank’s Liens were part of a Larger Single Mortgage, Secured by a Debtor’s Principal Residence

CFPB Asks for Feedback About its Investigative Process

CFPB Likely to Focus on Debt Collection Rather Than Payday Loans

The CFPB Is Now the Predatory Lender Protection Bureau

Cashcall To Pay Only $10 Million Of $287 Million Sought By CFPB

Student loan debt: Not just for kids anymore

Register for February’s Webinar!

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM PACIFIC (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner 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 1/24

Check Out Midweek Headlines…

Court Denied Debtor’s Motion to Reopen Case to Add Omitted Creditors since it would be Futile and a Waste of Judicial Resources

Debtor’s Product Liability Claim Arising out of Pre-petition Hip Replacement was Not Property of the Estate

U.S. Supreme Court Declines to Hear Case Challenging the Seventh Circuit’s Treatment of Letters Seeking Collection of Out-of-Statute Debt

FTC Acting Chairman Reports on Small Business Guidance, Regulatory Reform Efforts

Three key changes for bankruptcy procedures in 2018

U.S. Department of Justice Responds to CFPB Deputy Director’s Motion

The IRS’s ability to deny or revoke the Passports of Taxpayers with significant tax debts is one of the Most Serious Problems Encountered by Taxpayers

CFPB Appeal To Unseat Mulvaney Gets Expedited

7th Circuit says debt collectors cannot simply copy and paste safe harbor language

Bankruptcy Court Holds Credit Union Policy Does Not Violate Discharge Injunction

U.S. District Court for the Southern District of Florida Narrows the Definition of Borrower Under RESPA

Mulvaney Suggests Debt Collection Rules May Be Coming

Under Trump Appointee, Consumer Protection Agency Seen Helping Payday Lenders

Harris, Democratic Colleagues Raise Concerns Over Private Debt Collectors in Higher Education

Getting Private Collection Agencies Out of Federal Student Loans

Is the US consumer in big trouble?

Don’t Miss Today’s Webinar!

How to Raise and Support a Request to Increase the Chapter 13 Flat Fees in Your District.
Date: Thursday, January 25, 2018
Time: 3:00 PM Eastern / 12:00 PM PACIFIC (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Pam Stewart and Edward Boltz

Register HERE

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM PACIFIC (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner 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 1/23

Take a Moment to Dive Into Tuesday’s Headlines…

Social Security Income payable to Debtor’s Mother who lived with him Could Not Included in Debtor’s Disposable Income Calculation

Bank Could not Recover its Law Firm’s Fees and Expenses to Set Aside Post-Petition Foreclosure Sale under Fed. R. Bankr. Proc. 3002.1

Tears Over QE And U.S. Household Debt Problem

U.S. Senate, House End Partial Government Shutdown with Bipartisan Votes

ACA International Files Amicus Brief with Court of Appeals in Case Combatting TCPA Abuse Trend of ‘Unreasonable Revocation of Consent Methods’

Expensive loans in California can force you into bankruptcy!

CFPB Deputy Director Files Emergency Motion to Expedite Appeal

Student Loans In Crisis As Two In Five Likely To Default

New Mexico’s Study on Balance Medical Billing Echoes National Concerns

E.D.N.Y. Decides “Settlement May Have Tax Consequences” is an Acceptable 1099C Disclosure

On Second Thought…CFPB Continues to Back Off; Dismisses Case Against Payday Lenders

Don’t Let Payday Lenders Off the Hook

CFPB Expects to Further Delay Prepaid Account Rule’s Effective Date

Projections for student loan defaults are terrifying. It’s time to act.

NACBA’s Webinar Lineup!

How to Raise and Support a Request to Increase the Chapter 13 Flat Fees in Your District.
Date: Thursday, January 25, 2018
Time: 3:00 PM Eastern / 12:00 PM PACIFIC (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Pam Stewart and Edward Boltz

Register HERE

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM PACIFIC (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner 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 1/19

 

Start Your Weekend With Fresh Headlines…

Mick Mulvaney’s Budget Request for the CFPB? $0.

Objection to Claim Cannot be used to Seek Judicial Determination of the Validity or Extent of a Lien; Adversary Proceeding is Required

Consumer Financial Protection Bureau Drops Lawsuit Over 950% APR Loans

Total Bankruptcy Filings Decline in Calendar Year 2017

Debtor May Exempt 100% FMV When Value Does Not Exceed Statutory Cap

National Consumer Law Center Attorney Will Testify before U.S. Senate Committee on Financial Aid Simplification and Transparency on January 18

CFPB to Undertake Comprehensive Review of All Functions

Payday Rule Pullback is Another Example of CFPB Deregulation

Americans’ money worries before and in retirement are rising

CFPB Announces Reconsideration of Rule for Small Dollar Lending Market

CFPB Director Seeks Input On Operations

In bizarre reversal under Trump, consumer agency reveals moves to protect payday lenders

Supreme Court declines to review case over collecting stale debt

Bill would create ‘student loan advocate’

Delaware Court Rules Fraudulent Transfer Recoveries Are Not Capped At The Amount of Creditor Claims

NACBA’s Webinar Lineup!

How to Raise and Support a Request to Increase the Chapter 13 Flat Fees in Your District.
Date: Thursday, January 25, 2018
Time: 3:00 PM Eastern / 12:00 PM PACIFIC (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Pam Stewart and Edward Boltz

Register HERE

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM PACIFIC (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner 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 1/17

Midweek Headlines Making News…

CFPB Announces Reconsideration of Rule for Small Dollar Lending Market

Committee Meets Today on Bill to Exempt Lawyers from FDCPA

FDCPA Caselaw Review for December 2017

Student loan debt close to reaching $1.5 trillion

Trump’s CFPB to Rewrite Rule That Cracked Down on Payday Lenders

Bankruptcy Rule Changes: What You Need to Know

Congress should vote down this harmful debt collection legislation

Supreme Court Decision Could Impact CFPB

CFPB leadership dispute rages on

How Congress is pulling the IRS off the rich — and siccing it on the poor

The IRS hired bill collectors to collect back taxes — and got ripped off

 Debt bill hurts consumers

Rep. Gonzalez’ bill would unfairly shield lawyers in debt collection cases

NACBA’s Webinar Lineup!

How to Raise and Support a Request to Increase the Chapter 13 Flat Fees in Your District.
Date: Thursday, January 25, 2018
Time: 3:00 PM Eastern / 12:00 PM PACIFIC (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Pam Stewart and Edward Boltz

Register HERE

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM PACIFIC (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner 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 1/16

Check Out Tuesday’s Headlines…

Report: Consumer Delinquencies Vary in Third Quarter

Court Approves $300 per Hour in Chapter 13 Case for Debtor’s Board Certified Attorneys

Debtor’s Treatment of Student Loan Outside Plan Not Confirmable

English Makes Next Move; Appeals CFPB Leadership Decision to D.C. Circuit

Individual Chapter 11 Plans Also Are Just About Written in Stone

After Consumer Financial Protection Bureau Freezes Data Collecting, Sen. Elizabeth Warren Demands Reversal

CU fights to keep lawsuit against Trump’s appointment to CFPB alive

Since Debtors could Claim Certain Exemptions under the State Law of their Domicile, they Could Not use Federal Exemptions

Debt-Collection Contracts Awarded to 2 Companies

Is There Such a Thing as a Debtor’s Prison?

Consumer Finance Lawyers Prep Wish Lists as CFPB Retools

America’s debt load is hitting record — and risky — territory

Study: Looming Student Loan Default Crisis Will Be Worse Than Projected

NACBA’s Webinar Lineup!

How to Raise and Support a Request to Increase the Chapter 13 Flat Fees in Your District.
Date: Thursday, January 25, 2018
Time: 3:00 PM Eastern / 12:00 PM PACIFIC (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Pam Stewart and Edward Boltz

Register HERE

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM PACIFIC (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner 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 1/12

End of the Week Headlines…

Department of ED Completes Corrective Action in Debt Collection Contract

Private IRS Collectors Waste Taxpayer Money While Squeezing Low-Income Families

Court dismisses defendants’ counterclaims against CFPB for fees and expenses

Judge Tosses Request For Injunction Against Acting CFPB Head

Student loan crisis could be worse than originally thought

Education Dept. awards debt collection contract to company with ties to DeVos

The IRS’ Private Debt Collection Program Once Again Looks Like A Failure

Prison for Bankruptcy Fraud Where Creditors Paid 100%

More seniors citizens have student loan debt

New Analysis of Student Loan Default Data

Goodbye Delaware and New York? Senate Bill Introduced That Could Significantly Impact Venue of Bankruptcy Cases

NACBA’s Webinar Lineup!

How to Raise and Support a Request to Increase the Chapter 13 Flat Fees in Your District.
Date: Thursday, January 25, 2018
Time: 3:00 PM Eastern / 12:00 PM PACIFIC (60 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: Pam Stewart and Edward Boltz

Register HERE

Set Yourself Apart & Make Money: Use Non-Standard Provisions in Local Chapter 13 Plan
Date: Thursday, February 22, 2018
Time: 2:00 PM Eastern / 11:00 AM PACIFIC (90-120 Minutes)
Cost: $25 Members / $75 Non-Members
Presenters: O. Max Gardner 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 1/10

Midweek News Briefs…

Bankruptcy Court Lacked Power to Order $375,000 in Punitive Damages

U.S. Sen. Elizabeth Warren Says CFPB Data Collection Freeze, Other Actions, are ‘Unjustified’

Court Finds that Late Filing of Tax Return does Not Automatically Bar a Debtor from Discharging a Taxes

Debtor Who Prevailed in Automatic Stay Violation Action Awarded only $406 in Total Damages Since She Neither Mitigated Damages Nor Offered Evidence of Attorneys Fees

IRS private debt-collection program hurts low-income Americans

The Bankruptcy Venue Reform Act of 2017

U.S. says Massachusetts cannot sue student loan servicer

Debt Collection Activity Alone Does Not a Debt Collector Make, According to Northern District of Illinois

Judge Was Not Kind to Collection Agency Plaintiffs in RICO Case Decision

President Trump Nominates Brendan Carr for Five-Year FCC Term

AG Pushes Collection Firm to Scrap $8.8M in Consumer Debt

CFPB Withdraws Proposal To Conduct Debt Collection Disclosure Survey

US consumer debt surges by the most in over 2 years to $3.8 trillion

Holiday Debt Hangover for U.S. Consumers

Nevada District Court Holds that a Creditor Must Have a Fully Undisputed Claim to Petition for an Involuntary Bankruptcy

Americans Borrowed More in November Amid Solid Holiday Sales

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!