News
Consumer Protection Financial Bureau (“CFPB”) Proposes To Stop Foreclosures Through The End Of 2021
Saying that the pandemic has caused a “shocking increase in housing uncertainty,” the CFPB proposed Monday, 4/6/21, to stop mortgage servicers from foreclosing on most home loans until after the end of 2021. The plan outlined by the agency is an attempt to give borrowers time to find ways to make payments once pandemic relief ends. “We are going to use everything in our toolbox to prevent avoidable foreclosures,” Acting CFPB Director Dave Uejio told reporters in a telephone conference call. “This rule is one of the sharpest tools in our toolbox.” He said the agency wants “to ensure that…
A US District Court Rules that the Consumer Financial Protection Bureau (“CFPB”) Lacked Authority To Bring Suit While Its Structure Was Unconstitutional
On March 26, the U.S. District Court for the District of Delaware dismissed a 2017 lawsuit filed by the CFPB against a collection of Delaware statutory trusts and their debt collector, ruling that the Bureau lacked enforcement authority to bring the action when its structure was unconstitutional. As previously covered by InfoBytes, the Bureau alleged the defendants filed lawsuits against consumers for private student loan debt that they could not prove was owed or that was outside the applicable statute of limitations, which allowed them to obtain over $21.7 million in judgments against consumers and collect an estimated $3.5 million…
On 3/29/21, President Biden extended the National Eviction Moratorium through June 2021
On 3/29/21, President Biden extended the National Eviction Moratorium through June 2021. However, United States Courts are split on whether it is legal for the government to prohibit landlords from evicting tenants who fail to pay the landlords rent that the tenants owe the landlords, without the government paying that rent to the landlords. The legal argument is that the right of landlords to collect rent, per leases, is a property right, which cannot be taken away from landlords by the government, without the government paying the landlords for taking away the landlords’ right to evict nonpaying tenants, as allowed…
The Us Consumer Financial Protection Bureau (“CFPB”) Is “Encouraging” Banks and Debt Collectors Not To Take, From Consumers, Toward Paying Debts That Consumers Owe
The US Consumer Financial Protection Bureau (“CFPB”) is “encouraging” banks and debt collectors NOT to take, from consumers, toward paying debts that consumers owe, the $1,400 stimulus payments that the federal government is sending out to consumers, under the newest covid relief law. See below article. However, there is nothing in that newest covid relief law that prevents/prohibits banks and debt collectors from taking those $1,400 payments from consumers. Therefore, the CFBP “encouragement” is unlikely to be effective in keeping banks and debt collectors from taking those $1,400 payments from consumers. March 17, 2021WASHINGTON, D.C. – Consumer Financial Protection Bureau…
Consumer Financial Protection Bureau (“CFPB”) Report: Housing insecurity and the COVID-19 pandemic (3/6/21)
In 2020, those who have fallen behind at least three months on their mortgage increased 250 percent to over 2 million households, and is now at a level not seen since the height of the Great Recession in 2010. Collectively, these households are estimated to owe almost $90 billion in deferred principal, interest, taxes and insurance payments.1 At the same time, we are facing a rental crisis, with over 8 million rental households behind in their rent. While there are significant differences from the last crisis, particularly a more stable mortgage market and substantial homeowner equity, there are a significant…
Biden Administration Will Provide Debt-Relief Measures
American Bankruptcy Institute (ABI) reports that the Biden administration will provide debt-relief measures for more than 12,000 financially distressed farmers, Bloomberg News reported. The U.S. Department of Agriculture will temporarily suspend past-due debt collections and foreclosures for farmers borrowing under two major loan programs administered by the Farm Service Agency, administration officials said. The measure is designed to help farmers hit by the coronavirus pandemic and economy’s slump with about 10% of borrowers qualifying. “USDA and the Biden Administration are committed to bringing relief and support to farmers, ranchers and producers of all backgrounds and financial status, including by ensuring…
Unemployment Benefits During the Pandemic
American Bankruptcy Institute on 1/28/21 reports that: Almost 70 million Americans, or about 40% of the labor force, have filed for unemployment benefits during the pandemic. The number of Americans filing for state unemployment benefits edged lower but remained elevated last week, as the labor market struggles to recover from a surge in COVID-19 infections nationwide amid new restrictions to help curb the spread of the virus, FoxBusiness.com reported. Figures released today by the Labor Department showed that 847,000 Americans filed first-time jobless claims in the week ended Jan. 23, slightly lower than the 875,000 forecast by Refinitiv economists. The…
Supreme Court Holds that Merely Holding Property Isn’t a Stay Violation
On 1/14/21, in City of Chicago v. Fulton___S.Ct___ case 19-357 (US Sup. Ct. 2021), the US Supreme Court ruled NO STAY VIOLATION by a creditor continuing to hold onto debtor’s property, after debtor files bankruptcy, which the creditor got possession of lawfully, before the debtor filed bankruptcy. Here is the ABI discussion of the case: Justices rule that affirmative action is required before withholding property amounts to controlling estate property and results in an automatic stay violation. Reversing the Seventh Circuit and resolving a split among the circuits, the Supreme Court ruled unanimously today “that mere retention of property does…
Famous People Who Have Filed Bankruptcy
Credit & collection newsletter of 1/13/21 reports on famous people who have filed bankruptcy. Here is one report: Movie director Francis Ford Coppola filed for his second bankruptcy case in 1992, with assets listed at $52 million and liabilities at $98 million, according to the New York Times. He blamed the majority of his debt on the failure of the movie “One From The Heart,” which cost $27 million to film but earned only $4 million.
America Bankruptcy Institute (“ABI”) summarizes New Bankruptcy Relief Provisions, that are contained in the 2021 Federal Appropriations Act
The new Consolidated Appropriations Act of 2021 (the “Act”), which was signed into law on Dec. 27, 2020 (H.R. 133), includes within its 5,593 pages a number of new bankruptcy relief provisions for businesses as part of what the legislation calls the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act. Additional bankruptcy relief provisions are found in a miscellaneous section of the Act. A summary of the relief provisions (including PPP loans becoming available to certain debtors, treatment of commercial real estate leases and preference amendments). Here is a summary of the relief provisions that will affect businesses,…