Temporary restraining order against further collection of discharged student loan debts. In a sequel to the Second Circuit’s decision in Homaidan v. Sallie Mae, Inc., 3 F.3d 595 (2d Cir. 2021), that private loans did not fall within § 523(a)(8)(A)(ii)’s exception from discharge, because those loans were not “an obligation to repay funds as an educational benefit,” the former Chapter 7 debtor sought injunctive relief on behalf of a class of debtors who had received discharge but were subject to continuing collection of private loans like those addressed in the Second Circuit decision. In an extensive discussion, the Bankruptcy Court concluded that it had jurisdiction and authority to issue injunctive relief on behalf of a nationwide putative class. The opinion discusses the views on whether a Bankruptcy Court may enforce the § 524(a) discharge injunction for debtors in other judicial districts, concluding that it may do so. Navient was restrained and enjoined from taking any collection action on “Tuition Answer Loans held by the Plaintiffs and the Putative Class Members…that exceed the cost of attendance as defined by Internal Revenue Code § 221(d), and that have an outstanding balance subject to collection.” In re Homaidan, 640 B.R. 810 (Bankr. E.D. N.Y. 2022), Judge Stong.

• ‘There’s a lot of people celebrating prematurely’: GOP could bring a legal challenge to block Biden’s student loan forgiveness plan

• White House Fires Back at Republicans Planning to Challenge Student Loan Forgiveness

• From the ABA: The Student Loan Debt Fire Burning Around Us

• Mississippi Will Tax Forgiven Student Debt in a Departure from Other States

• Sen. Warren Encouraging Release of Student Loan Bankruptcy Guidance

• D. Massachusetts – Trusteeship – Application Deadline 10/3/22

• D. Rhode Island – Trusteeship – Application Deadline 10/3/22

• W.D. Pennsylvania – Term Law Clerk – Application Deadline 12/1/22

• More Consumers Are Relying on Credit Cards. Interest Rates Will ‘Bite Them’ Later.

• How to Avoid Being Overcharged for a Funeral

• Know What’s Deductible After Buying that First Home, Sweet Home

• Maryland Woman Sentenced to Federal Prison for Fraud Schemes Resulting in Losses of More Than $1.4 Million – Defrauded Her Employer, Fraudulently Obtained Disability Benefits, and Evaded Paying Taxes

• Local Homebuilder Awaits Sentencing for Bankruptcy Fraud

• The State of Bankruptcy and Fraud Litigation in 2022

Continuing our efforts to offer marketing assistance to Debtor Attorneys, we produced a webinar outlining free and low-cost steps you can take, right now, to increase the number of times the phone rings or you get a text from potential clients.

All Academy webinars are free if you participate live. Access to recordings are a benefit of subscription or we offer a pay-per-view option.

Click here for the webinar: Marketing Is Not a Dirty Word with special guest Amy Seigenthaler, Managing Partner, FINN Partners Southeast

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Each week, you see this header: For Your Blog (Not password protected – this category offers suggestions for trustee and debtor attorneys to pass along in your own blog or use for an original article idea.)

The links in this ongoing category are meant for use as a springboard for unique articles in your newsletter and/or blog. Some items can be linked to directly, as we do here. Others can serve as a resource for you to cite in your own articles. A client newsletter does not need to be a scholarly essay – correction, SHOULD NOT be scholarly or long!

The main thing it needs to do is get your name/number in front of your previous clients in a manner that says, “I care about you” or “I’m thinking about you.”

It should not convey advertising!

Ideas of things to include: pictures of you engaging in a hobby; pictures of your pet(s); selfies (seriously, selfies sell! but use good discretion – no ‘hold my beer moments’); cost savings reminders; recipes for an inexpensive meal*; local flavor (i.e. Congratulations Pink Armadillos** on The Big Win); gardening tips; offer a discount code for a consultation; easy fitness/exercise/health tips; reminder to change/check car oil/batteries in smoke detectors; share your accolades (this IS a time to brag on yourself); answer questions – (i.e. you received a call from a potential client – put the question and your answer in an article); spotlight different staff members; add a Happy Birthday corner (i.e. Happy Birthday to all July Birthdays – I mean, you are bound to hit someone and if not, nobody knows anyway!).

Click here to share your ideas!

Remember, you can’t simply link to someone else’s work on every item in your newsletter – you MUST write original content!

We would also love to share examples of your newsletter with the group. Click here to upload.

*You cannot ‘steel’ most recipes from online – you MUST cite the source.
**Fill in your local team/athlete.

Additionally, we are providing the below resource – FREE. It is our hope that you can share it with Personal Injury attorneys in your area. USE THIS AS A NETWORKING TOOL to generate new clients.

Personal Injury Attorney’s Duty of Reasonable Inquiry of a Client’s Bankruptcy

“What duty does a personal injury attorney have to discover or determine the existence of a client’s or a prospective client’s bankruptcy?”

See also:

Critical Case Comment – In re McLemore (Also not password protected.)

“If all the children in Lake Woebegon are above average, all the small businesses our clients run are quite valuable.If the Chapter 13 trustee is asking the question, anyway.

I rail when the Chapter 13 trustee’s business questionnaire asks, ‘how much would you sell your business for.’”