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Analysis: For Consumers, Less Debt but Lots of Bills

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U.S. households’ debt-to-income and debt-to-asset ratios in the first quarter fell to their lowest levels since the early 2000s, the Wall Street Journal reported today. A prolonged period of low rates have made that debt easier to bear: The Federal Reserve this week reported that households’ overall debt-service ratio — the share of after-tax income going toward debt payments — are near historic lows. But Americans face financial obligations beyond debt payments, such as rents and auto leases, and these are taking a bigger bite out of pay. Indeed, the Fed report shows the share of income going toward non-debt financial obligations is sitting near its highest level since the 1980s. It is a development that particularly for households at lower income levels may be crimping spending. Commerce Department figures show the homeownership rate fell to its lowest levels in over a half-century in the years since the financial crisis, and it doesn’t look likely to recover anytime soon. That has tightened the supply of rental units, pushing rents up 18 percent over the past five years, according to the Labor Department, even as inflation away from housing has been nearly nonexistent.

Orlando Businessman Cites Fifth Amendment in Bankruptcy Case

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An Orlando businessman, Ishrat Rehmetullah, is citing the Fifth Amendment against self-incrimination while arguing in federal bankruptcy court that he shouldn’t have to disclose all of his assets, the Orlando Sentinel reported yesterday. Rehmetullah and his wife, Shama, filed a personal bankruptcy in 2014, citing almost $800,000 in debts, which included a $572,000 foreclosure on his home in Dr. Phillips. The debts were discharged and the case was closed. But the case was reopened in 2015 when some creditors alleged that Rehmetullah had attempted to flee the country, and had failed to report a collection of gold coins, diamonds and real estate he owns in Karachi, Pakistan; those allegations were detailed in a filing by a court-appointed trustee assigned to the case, Richard Webber. Webber recently sought a judge’s order requiring Rehmetullah to report additional assets. Instead of complying, or denying the allegations, Rehmetullah’s attorney filed a response saying that reporting additional assets could violate his client’s Fifth Amendment rights.

Consumer Agency Condemns Abuses in Loan Forgiveness Program

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The government’s consumer watchdog is adding its voice to a growing chorus of warnings about problems with a federal program that permits people who take public service jobs to have their student loans forgiven after a decade, the New York Times reported today. Confusing rules, bureaucratic tripwires and outright errors are hindering thousands of people as they try to take advantage of the program, according to a report released yesterday by the Consumer Financial Protection Bureau. These are people who teach, serve in the military or work for a nonprofit organization, for example. The volume of complaints is especially alarming because the program has not yet reached its first milestone: forgiving debts. Created in 2007, the program requires borrowers to do 10 years of service before any federal student loan debt is eliminated. The first wave of qualifying borrowers can submit applications in October. But hundreds of complaints in the last year indicate many applicants are encountering obstacles, the agency said. Read more

In related news, Federal Reserve chairwoman Janet Yellen weighed in on one of the more contentious financial policy debates in Congress in a private conversation, a lawmaker said yesterday, and suggested that Congress should change the way that the Consumer Financial Protection Bureau is funded, the Washington Examiner reported today. Currently, the consumer agency is funded by Yellen's agency, which earns income through its portfolio of government bonds. Republicans critical of the agency's mission have argued that the arrangement prevents them from exercising authority over the bureau by controlling its spending. However, Rep. Blaine Luetkemeyer (R-Mo.) said yesterday that Yellen had questioned that arrangement during a recent conversation with him over breakfast. Read more

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Analysis: The Car Was Repossessed and Sold, but Subprime Loan Debt Remains

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ABI Bankruptcy Brief


ABI Bankruptcy Brief
Click here to view online version.

June  22, 2017

 
ABI Bankruptcy Brief
 
 
 
 
NEWS AND ANALYSIS

Analysis: The Car Was Repossessed and Sold, but Subprime Loan Debt Remains



Unable to recover the balance of the loans by repossessing and reselling the cars, some subprime lenders are aggressively suing borrowers to collect what remains — even 13 years later, the New York Times reported today. Subprime lenders are willing to take a chance on risky borrowers because when they default, the lenders can repossess their cars and – at least in 46 states – get court rulings giving them the power to seize borrowers’ paychecks to cover the balance of the car loan. Now, with defaults rising, federal banking regulators and economists are worried about how the strain of these loans will spill over into the broader economy. For low-income Americans, the fallout could, in some ways, be worse than the mortgage crisis. With mortgages, people could turn in the keys to their house and walk away. But with auto debt, there is increasingly no exit. Repossession, rather than being the end, is just the beginning. There are no national tallies of how many borrowers face these types of collection lawsuits, known within the industry as deficiency cases. But state records show that the courts are becoming flooded with them, and debt buyers are bringing their own cases as well, breathing new life into old bills. Portfolio Recovery Associates, one of the nation’s largest debt buyers, purchased nearly $30.2 million of auto deficiencies in the first quarter of this year, up from $411,000 just a year earlier.

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Puerto Rico Grapples with Foreclosure Crisis as Thousands Lose Homes



An average of 14 families lose their homes every day to foreclosure in Puerto Rico, more than double the rate a decade ago as the island faces a real estate crash worse than the one that sparked the Great Recession on the U.S. mainland, the Associated Press reported yesterday. Families across Puerto Rico are moving in with relatives, becoming homeless or simply fleeing to the U.S. mainland with destroyed credit records as the island's government struggles to restructure a portion of its $73 billion public debt and help the economy emerge from a decade-long recession. In this U.S. territory of 3.4 million people, local courts oversaw foreclosures on nearly 33,000 homes from 2009-16, according to government statistics. A record 5,424 homes were foreclosed last year, up 130 percent from nearly a decade ago, when the government first began tracking those numbers. However, the actual number of foreclosures is much higher because the statistics do not include an estimated 20,000 loans in default or close to default that local banks have sold to companies outside Puerto Rico since 2009. Those cases are largely handled in federal court, and no one compiles statistics on them.

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For updated news and analysis of Puerto Rico's debt crisis, along with current docket filings in Puerto Rico's case, be sure to visit ABI's "Puerto Rico in Distress" webpage.

Fed Reports Delinquency Transition Rates Are Low — Except for Student Loans



A Federal Reserve Bank of New York report found that consumers’ transition rate into serious delinquency for all loan types except student debt is low, ACAInternational.org reported on Tuesday. “Flows into serious delinquency for all loan types except student loans peaked during the Great Recession and are currently low or very low on a historical basis,” according to the report. Auto loan transitions into delinquency have been on the rise since 2012, however, and there has been a recent uptick in credit card transitions, according to the report. Overall, as of March 31, 4.8 percent of outstanding debt was at some level of delinquency, ACA International previously reported. According to the Fed’s Quarterly Report on Household Debt and Credit, 11 percent of aggregate student loan debt was 90 or more days delinquent or in default in the first quarter.

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Latest ABI Podcast Examines Potential Effects on Debt Collectors and Consumers Stemming from the Supreme Court's Decision in Henson v. Santander



ABI Editor-at-Large Bill Rochelle talks with consumer law scholar Prof. Jeff Sovern of St. John's University School of Law and consumer bankruptcy attorney John R. Bollinger of the Boleman Law Firm about the Supreme Court's June 12 opinion in Henson v. Santander Consumer (No. 16-349). As the Court has ruled that a debt collector who purchases a debt for its own account is not a debt collector covered by the FDCPA, Prof. Sovern and Bollinger examine the potential effects that the decision will have on both debt collectors and consumers.

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Participate at Next Consumer Commission Meeting on July 15 at NACTT



The ABI Commission on Consumer Bankruptcy welcomes you to participate at its next open meeting on July 15 at the NACTT Annual Meeting in Seattle (Sheraton Seattle Hotel). The meeting will be held from 4:00 to 5:30 p.m. PT and is a field hearing for the Chapter 13 Committee. Major topics for consideration by the Committee include (a) chapter 13 eligibility, (b) homeowner issues, (c) chapter 13 plans, (d) credit reporting, (e) local legal culture and (f) after-acquired property. For more information, go to consumercommission.abi.org. To request a time for a public statement or to submit a written statement, email the Commission at ConsumerCommission@abiworld.org.



For more information on the Commission, including oral and written statements from the May 6 meeting, please click here.

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Have you signed up for Rochelle’s Daily Wire in the ABI Newsroom? Receive Bill Rochelle’s exclusive perspectives and analyses of important case decisions via e-mail!



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BLOG EXCHANGE

New on ABI’s Bankruptcy Blog Exchange: Debt Collection by the Veterans Administration Is a Nightmare for Vets



The scandal involving the hospitals and medical clinics operated by the U.S. Department of Veteran Affairs has been heavily reported on over the last few years, but another significant malfeasance by the VA concerns the department’s efforts to collect monies back from veterans for overpayments, according to a recent blog post.



To read more on this blog and all others on the ABI Blog Exchange, please click here.

 
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Consumer Bureau Asks for Input on Prepaid Cards

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The Consumer Financial Protection Bureau (CFPB) is asking the public to comment on some proposed changes to its rules for prepaid cards, The Hill reported today. Under the proposed changes, a consumer would have to register their prepaid card in order to dispute unauthorized charges and take advantage of the full slate of consumer protections provided by the rules. The bureau is also trying to make it easier for consumers to link traditional credit cards to digital wallets that can hold funds. Under the CFPB’s proposal, neither the linked traditional credit card nor the digital wallet would be subject to requirements for “hybrid prepaid-credit cards” — those that allow consumers to borrow funds — such as the required 30-day waiting period to link the account to the wallet.

Analysis: Southern California Port Companies Alleged to Be Driving Truckers into Debt

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A yearlong investigation by USA TODAY found that port trucking companies in southern California have spent the past decade forcing drivers to finance their own trucks by taking on debt they could not afford. Companies then used that debt as leverage to extract forced labor and trap drivers in jobs that left them destitute. If a driver quit, the company seized his truck and kept everything he had paid towards owning it. If drivers missed payments, or if they got sick or became too exhausted to go on, their companies fired them and kept everything. Since 2010, at least 1,150 port truck drivers have filed claims in civil court or with the California Department of Industrial Relations’ enforcement arm, known as the labor commission. Judges have sided with drivers in more than 97 percent of the cases heard, ruling time after time that port truckers in California can’t legally be classified as independent contractors. Instead, they are employees who, by law, must be paid minimum wage and can’t be charged for the equipment they use at work.

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Lawsuit: Wells Fargo Revised Mortgages in Bankruptcy Without Permission

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Wells Fargo faces new accusations that it tried to capitalize financially on its customers without their permission — this time by allegedly modifying mortgage terms for people who had filed for bankruptcy protection, USA Today reported today. With the smoke still lingering from the firestorm that erupted from the bank's opening of fake consumer accounts, Wells was hit with multiple lawsuits alleging that the bank surreptitiously extended loan lengths, potentially costing some homeowners tens of thousands of dollars. The bank pulled off a "virtual hijacking" with the alleged scam by implementing "illegal stealth modifications" in at least 100 cases across the country, plaintiffs attorneys said in court papers filed on June 7 in the U.S. Bankruptcy Court for the Western District of North Carolina, where they are hoping to assemble a class-action group. Wells Fargo spokesman Tom Goyda said the bank "strongly denies the claims" because the company clearly identified "modification offers" in letters to customers, their attorneys and the respective bankruptcy courts.