By Ansley Owens, Contributing Writer and Intern for the NACTT Academy (Nashville, TN)
A heated dispute between a judge and foreclosure attorney ended with the 70-year-old attorney handcuffed, charged with two felonies, and incarcerated overnight.
On November 14, 2014, Palm Beach Circuit Senior Judge Howard Harrison found attorney Stuart Golant in contempt and issued . . . → Read More: Foreclosure Attorney Arrested for Contempt
Consumer Financial Protection Bureau Takes Action Against Servicemember Auto Lender for Aggressive Debt Collection Tactics Auto Loan Company Misled Servicemembers About Consequences of Nonpayment
FOR IMMEDIATE RELEASE: June 17, 2015
WASHINGTON, D.C. — Today the Consumer Financial Protection Bureau (CFPB) sued an auto loan company, Security National Automotive Acceptance Company, for aggressive . . . → Read More: Consumer Financial Protection Bureau Takes Action Against Servicemember Auto Lender for Aggressive Debt Collection Tactics
Consumer Financial Protection Bureau To Oversee Nonbank Auto Finance Companies Bureau Publishes Exam Procedures for Supervised Companies in $900 Billion Market
FOR IMMEDIATE RELEASE: June 10, 2015
Washington, D.C. – The Consumer Financial Protection Bureau (CFPB) published a rule today that will allow the agency to supervise larger nonbank auto finance companies . . . → Read More: Consumer Financial Protection Bureau To Oversee Nonbank Auto Finance Companies
The Supreme Court decided the case of Bank of America, N.A. v. Caulkett. The Court held, unanimously (except for a caustic footnote related to Dewsnup) that a debtor in a chapter 7 cannot void a junior mortgage lien pursuant to Section 506(d) when there is inadequate equity to support the junior lien because a . . . → Read More: The Supremes Decide Another One . . .
Parties may consent to bankruptcy court hearing Stern claims. There was likely a collective sigh of relief by many bankruptcy attorneys and judges as a result of the majority decision of the Supreme Court in Wellness International Network, Ltd. v. Sharif, decided May 26. In an opinion by Justice Sotomayor, the majority held that . . . → Read More: Welp, Wellness is Decided . . . A HUGE Victory For The Bankruptcy System
No. 14-400 (Certiorari to the U.S. Court of Appeals for the Fifth Circuit)
Issue: Whether, when a debtor in good faith converts a bankruptcy case to Chapter 7 after confirmation of a Chapter 13 plan, undistributed funds held by the Chapter 13 trustee are refunded to the debtor (as the Third Circuit held in . . . → Read More: Supreme Court Decides Charles E. Harris, III, Petitioner v. Mary K. Viegelahn, Chapter 13 Trustee
Eduardo V. Rodriguez has been appointed as the United States Bankruptcy Judge for the Southern District of Texas. Eddie will have big shoes to fill as he steps into the judgeship vacated by retiring Judge Richard S. Schmidt.
Eddie received his M.B.A. with high honors and his J.D. from Texas Tech University in . . . → Read More: NACTT Salt Lake City Speaker Newly Appointed Judge
FOR IMMEDIATE RELEASE: MAY 14, 2014
(WASHINGTON) Homeowners’ legal rights if they are given inaccurate pricing information before taking out a mortgage should not be suspended, according to letters sent today to Congress and the Consumer Financial Protection Bureau (CFPB) by the National Consumer Law Center, on behalf of its low income clients, and . . . → Read More: U.S. House Bill Would Suspend a Homeowner’s Right to Enforce Accurate Mortgage Pricing – Advocates Oppose Bill that Would Let Lenders Off the Hook
READ NCLC’s policy brief re: this survey: http://www.nclc.org/images/pdf/foreclosure_mortgage/mortgage_servicing/ib-servicing-issues-2015.pdf
(Washington) The National Consumer Law Center (NCLC) conducted a nationwide survey from February 24 to March 3, 2015, of more than 100 attorneys and housing counselors representing homeowners. The survey’s results show significant ongoing problems with mortgage servicing. While the CFPB’s mortgage servicing regulations have made . . . → Read More: NCLC Nationwide Survey Finds Major Problems with Mortgage Servicers
By The Honorable John P. Gustafson, United States Bankruptcy Court for the Northern District of Ohio
A recent study, published in the January 20th edition of the Annals of Internal Medicine (on news stands now!) says that sitting for long periods is associated with one of our least favorite things – early death. Some . . . → Read More: Science Says Sitting Is Killing Us – So It’s IT To The Rescue!