This Week at the CFPB

We’re there . . . January 10th is right around the corner . . . “The CFPB issued the
2013 RESPA and TILA Final Rules in January 2013 and they take effect on January 10, 2014.“ In addition to the Academy’s archived webinar Oy Vey, More Rule Changes: The CFPB and Regulations X & Z, the Consumer Financial Protection Bureau offers assistance in weeding through this voluminous material. Click here for a table of all the mortgage rules. Note that within this table are links to short summary videos which you may find informative.

. . . And note your calendar for a special session on this topic at the NACTT Annual Conference in Chicago . . . July 17-19.

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Critical Case Comment – Topping Off the Risk Factor

Henry E. Hildebrand, III

September 3, 2023

To pay present value to a secured creditor, a reorganization plan may start with a treasury rate and add a risk factor and need not start with a prime rate plus a risk factor.

Members

I Think I Saw a Ghost

William H. Clunn, III

August 16, 2026

When does a helpful hand behind the scenes become an attorney hiding in the shadows? Ghostwriting may be friendly—or it may be fraud waiting to be exposed.

Members

Critical Case Comment – It’s All in the Proof

Henry E. Hildebrand, III

July 9, 2023

Chapter 13 debtor’s failure to provide evidence of a change in financial circumstances justifies the denial of a motion to modify seeking to reduce the dividend and related payments into the plan. (Cleary) In re DeRoo, 650 B.R. 561 (Bankr. N.D. Ill. May 2, 2023) Case Summary Nicole DeRoo filed a Chapter 13 petition in February of 2022. Above-median income...

Members

Student Loans Debacle-Part II: Failure to Forgive – The Ticking Time-Bomb

R. Michael Smith

October 23, 2022

The recent push for student loan forgiveness has been met with increasing opposition. The rationales for not providing a generally applicable path for student loan forgiveness or cancellation have included arguments based upon imagined unfairness to those previously able to pay off their loans, which seems to be both short-sighted, as well as a “red herring” argument. It does not...

Preferences: When does the Clock Start Running?

Alan C. Hochheiser

February 19, 2023

Creditors may now be subject to more preference actions, especially for those cases filed in Indiana. The Seventh Circuit recently overturned long-standing precedent that the preference period on garnishment of attachment would no longer run from the date of service or knowledge of the attachment but when the funds were paid over. The Seventh Circuit Court of Appeals in Mark...

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Ask Ms. Ps & Qs

Nancy B. Rapoport

October 9, 2022

Dear Readers: We are all working at what feels like the speed of light these days. (And if we’re not, then we’re upset that work is too slow. Yes, we feel like Goldilocks—work’s either too busy or not busy enough.) But the wonderful Regina has asked me a question that often relates to someone hitting “send” too soon: “When opposing...

Members

Legal Aid and Who Are Our Chapter 13 “Customers”

January 31, 2021

By Rachel Jones, Staff Attorney to Chapter 13 Standing Trustee Chris Micale, Western District of Virginia (Roanoke) The events of 2020 have had a devastating impact on the very low-income population. The working poor are struggling, particularly those working in sectors such as hospitality and tourism. State and Federal funding and local programs such as food banks and community action...

In re Lazaro: Non-Monetary Default and § 1322(b)(5)

James M. Davis

June 4, 2023

Can a debtor provide for a non-debtor’s loan under § 1322(b)(5) even if the plan does not address a non-monetary default on the claim? In re Lazaro suggests the answer may be “yes.” In that case, the Court held not only that the Debtor’s plan could provide to cure a monetary default on a loan taken out by the Debtor’s...

Members

The Effect of “Success” (Or the Lack of It) on Attorneys’ Fees

Lawrence R. Ahern, III

September 18, 2022

Appendix A 1994 Revised Text of 11 U.S.C. § 330(a), with 2005's Minor Changes Highlighted(1994 version highlighted to show additions and deletions in 2005) (a)(1) After notice to the parties in interest and the United States Trustee and a hearing, and subject to sections 326, 328, and 329, the court may award to a trustee, a consumer privacy ombudsman appointed...

Members

The Dollar Dance: Boosting Deductions in Bankruptcy’s Means Test

Cathy Moran

November 24, 2024

“Every extra dollar deduction you can wring out on bankruptcy’s means test is important. A dollar doesn’t sound like a lot, . . . Every $100 saves $6000. Get the picture?”

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This Week at the CFPB

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Related Articles

Critical Case Comment – Topping Off the Risk Factor

I Think I Saw a Ghost

Critical Case Comment – It’s All in the Proof

Student Loans Debacle-Part II: Failure to Forgive – The Ticking Time-Bomb

Preferences: When does the Clock Start Running?

Ask Ms. Ps & Qs

Legal Aid and Who Are Our Chapter 13 “Customers”

In re Lazaro: Non-Monetary Default and § 1322(b)(5)

The Effect of “Success” (Or the Lack of It) on Attorneys’ Fees

The Dollar Dance: Boosting Deductions in Bankruptcy’s Means Test

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