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Commentary A Vision for Reforming Student Loans

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ABI Bankruptcy Brief | April 1, 2014



 
  

April 10, 2014

 
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COMMENTARY: A VISION FOR REFORMING STUDENT LOANS

With outstanding student debt topping one trillion dollars and the default rate on federal loans approaching 15 percent, many borrowers are finding themselves in a spiral of debt and financial ruin, according to a CNBC.com commentary by Sen. Marco Rubio (R-Fla.) and Rep. Tom Petri (R-Wis.). This week, the Federal Reserve announced that American consumer debt is higher than it's ever been, with student loans leading this surge. It's important to note that a significant number of borrowers default on small debt levels, according to the commentary. In fact, the average amount of a defaulted federal loan is roughly $14,000. Many of these defaults occur because our system focuses the burden of repayment on a borrower's initial years out of school when he or she is least equipped to bear it. As a result, temporary struggles to find a job right out of college or low initial earnings turn into needless defaults. And while other options exist, the system's bewildering complexity prevents many students from taking advantage of them. Far better would be to have each borrower's payments set automatically as an affordable percentage of income, according to Rubio and Petri. For most, this would mean paying less early in their careers and more as their income grows over time. Additionally, borrowers would be protected from income shocks such as unemployment, something many recent graduates have struggled with during the economic downturn. Read the full commentary.

For further discussion of the student loan debt crisis, be sure to attend ABI's Student Loan Debt Symposium, which will feature Rep. Petri, sponsor of a new graduated loan repayment bill, as the keynote speaker. Click here for more information or to register.

GM OFFICIALS TO FACE QUESTIONING IN CRIMINAL PROBE

Government investigators are about to start calling in General Motors Co. officials for questioning as they intensify a criminal probe into the auto maker's mishandling of faulty ignition switches that are linked to 13 deaths, the Wall Street Journal reported today. As the criminal probe moves forward, GM Chief Executive Mary Barra is sticking with her plan to delay answering key questions about the ignition-switch recall until the company's internal investigation of the matter wraps up. Barra is under growing pressure from regulators, lawmakers and accident victims and their families to deliver more quickly on her promises of transparency. Barra has refused to give Congress and federal vehicle-safety regulators the names of those inside GM who made the decisions that delayed the compay's recall, saying that those responses must wait until Chicago attorney Anton Valukas, who is spearheading the company's probe, completes his findings. GM hired Valukas last month. Last week, Barra told lawmakers she expected him to complete his investigation in 45 to 60 days. Barra's strategy is costing GM $7,000 a day in fines, which the National Highway Traffic Safety Administration began to levy after GM missed an April 3 deadline to answer 107 questions about the recall. Read more. (Subscription required.)

New GM shielded itself from liability for crashes that happened before its 2009 bankruptcy. Victims are left to sue a shell company that has few assets. Congressional pressure is building for GM to establish a victim compensation fund notwithstanding the limit on liability. For further analysis, make sure to attend the "Large Complex Trusts: A General Motors Case Study" panel at ABI's Annual Spring Meeting. This panel will discuss the General Motors bankruptcy case with an in-depth discussion about the issuance of public units in a major bankruptcy. The session will also include the challenges addressed by the trust such as liability claims. For more information or to register, please click here.





REALTYTRAC: U.S. FORECLOSURES FALL TO LOWEST QUARTERLY LEVEL SINCE MID-2007

RealtyTrac reported that the number of U.S. home foreclosure filings slid 23 percent in March from a year ago, helping bring first-quarter foreclosure activity to its lowest level since the second quarter of 2007, Reuters reported today. However, there were 117,485 U.S. properties with default notices, scheduled auctions and bank repossessions in March, according to RealtyTrac, which lifted overall foreclosure activity by 4 percent last month from February, when it posted a more than seven-year low. The monthly increase was driven by a 7 percent rise in foreclosure starts. Overall, though, more U.S. homeowners are keeping up with their mortgage payments. March was the 42nd straight month where U.S. foreclosure activity dropped from year-ago levels. A total of 28,840 U.S. properties were repossessed by lenders in March, down 5 percent from February, and a 34 percent drop from the same month a year ago to the lowest level since July 2007. Read more.

FANNIE MAE, FREDDIE MAC SHAREHOLDERS RAIL AGAINST MEASURE TO DISMANTLE TWO FIRMS

Dozens of Fannie Mae and Freddie Mac shareholders flocked to Capitol Hill yesterday to protest a Senate proposal that they say would trample on the rights of the mortgage giants' investors, the Washington Post reported today. Over the past two weeks, three groups have weighed in forcefully on the Senate legislation, which seeks to dismantle D.C.-based Fannie and McLean-based Freddie, replace them with a new entity and shift more of the risks of mortgage lending to the private sector. These groups are demanding a stop to what they view as the government's rip-off of Fannie and Freddie investors. In August 2012, about four years after the government took control of the two mortgage firms, federal officials directed the companies to turn over nearly all profits to the U.S. Treasury. Several investor groups have sued to challenge the arrangement. The Senate legislation, introduced by Tim Johnson (D-S.D.) and Mike Crapo (R-Idaho), does not address how to deal with the shareholders. Some key lawmakers, including Crapo, have said that they are looking to the courts for answers. But as a Senate panel prepares to vote on the Johnson-Crapo measure possibly later this month, the newly formed groups are making it known that they want Congress to deal with the issue. Read more.

CARE FOUNDER JUDGE JOHN C. NINFO AWARDED WITH 2014 EXCELLENCE IN FINANCIAL LITERACY EDUCATION LEGACY AWARD

Credit Abuse Resistance Education (CARE) Founder Hon. John C. Ninfo II received the 2014 Excellence In Financial Literacy Education (EIFLE) Award by the Institute for Financial Literacy for his distinguished accomplishments in developing, implementing and promoting successful financial literacy education worldwide. Now in its eighth year, the EIFLE Awards were created to acknowledge innovation, dedication and the commitment of individuals and organizations that support financial literacy education worldwide. For more information on CARE and how you can help, please click here.

EXPLORE CHALLENGES THAT LIE AHEAD FOR UNITS AND TRUSTS ESTABLISHED FROM GM'S BANKRUPTCY AT SPECIAL PRESENTATION AT ABI'S ANNUAL SPRING MEETING

Watch below to find out more about what is on tap for ABI's 32nd Annual Spring Meeting at the JW Marriott in downtown Washington, D.C. The conference, taking place April 24-27, 2014, features a roster of the best national speakers, while the depth and scope of topics offer something for everyone.

REGISTER TODAY!

ABI IN-DEPTH

NEW CASE SUMMARY ON VOLO: COLLINS V. EBERT, ET AL. (IN RE MARANATHA CONSTRUCTION CO.; 5TH CIR.)

Summarized by Doug Stewart of Stewart Robbins & Brown LLC

The Fifth Circuit affirmed the district court's decision finding veil-piercing claims to be property of the estate under 11 U.S.C. § 541(a)(1) and properly pursued by the bankruptcy trustee where the appellant creditors alleged only the same general harm suffered by all other creditors and failed to allege any harm personal only to them.

There are nearly 1,300 appellate opinions summarized on Volo, and summaries typically appear within 24 hours of the ruling. Click here regularly to view the latest case summaries on ABI's Volo website.

NEW ON ABI'S BANKRUPTCY BLOG EXCHANGE:  COLLINS V. EBERT, ET AL (IN RE MARANATHA CONSTRUCTION CO.; 5TH CIR.)

A recent post on the ABI Blog Exchange looks at a few items consumers should know about tax liens after bankruptcy. Be sure to check the site several times each day; any time a contributing blog posts a new story, a link to the story will appear on the top. If you have a blog that deals with bankruptcy, or know of a good blog that should be part of the Bankruptcy Exchange, please contact the ABI Web team.

ABI Quick Poll

Detroit should not be allowed to slash pensions in its bankruptcy case.

Click here to vote on this week's Quick Poll. Click here to view the results of previous Quick Polls.

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  CALENDAR OF EVENTS
 

2014

April
- Annual Spring Meeting
    April 24-27, 2014 | Washington, D.C.

May
- Credit & Bankruptcy Symposium
    May 1-2, 2014 | Uncasville, Conn.

- New York City Bankruptcy Conference
    May 15, 2014 | New York, N.Y.

- Litigation Skills Symposium
    May 20-23, 2014 | Dallas, Texas

- abiLIVE Webinar
    May 28, 2014 |

- Student Debt Crisis Symposium
    May 30, 2014 | Washington, D.C.

June
- Memphis Consumer Bankruptcy Conference
    June 6, 2014 | Memphis, Tenn.

  

 



- Central States Bankruptcy Workshop
    June 12-15, 2014 | Lake Geneva, Wis.



- abiWorkshop: Chief Bankruptcy Judges Roundtable
    June 16, 2014 | Alexandria, Va.

- Cross-Border Insolvency Program
    June 20, 2014 | New York, N.Y.

July
- Northeast Bankruptcy Conference
    July 17-20, 2014 | Stowe, Vt.

- Southeast Bankruptcy Conference
    July 24-27, 2014 | Amelia Island, Fla.

August
- ABI Endowment Baseball Event
    Aug. 13, 2014 | Baltimore, Md.

- Fourth Hawai'i Bankruptcy Workshop
    Aug. 13-16, 2014 | Maui, Hawai'i

 

 
 
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Senate Passes Bill to Aid Long-Term Unemployed

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The Senate voted yesterday to restore emergency financial benefits for the long-term unemployed, the first in a series of moves planned by both parties in coming weeks to court core voters this fall, the Wall Street Journal reported today. The jobless-aid bill — which passed on a bipartisan 59-38 vote — is just one plank of what Democrats call their fairness agenda, which also includes a measure to promote equal pay for women, up for a vote likely on Wednesday, and another to raise the minimum wage to $10.10 an hour, after the spring recess that begins next week. None of these measures are likely to pass the Republican-controlled House.

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Bank of America in Settlement Talks over Credit Card Practices

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Bank of America Corp. is in discussions to pay more than $800 million to settle allegations it pushed customers into signing up for extra credit card products, the Wall Street Journal reported today. The agreement with the Consumer Financial Protection Bureau, which could be announced in coming days, would mark the largest federal settlement with a credit card provider over so-called add-on products. It would be the agency's fifth such agreement with a credit-card provider over products such as identity-theft protection and debt cancellation in the event of a job loss. The CFPB, along with other agencies, has been cracking down on credit card companies for misleading consumers about the value of add-on products. Credit card companies marketed these products aggressively to consumers, saying that they would protect the cardholders from identity theft or cancel debt in the event of a job loss. Federal officials say the products provide little financial benefit to consumers and were often marketed in a deceptive manner.

Overdraft Fees at Banks Hit a High Despite Curbs

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Squeezed by falling revenue on deposit accounts, banks are turning to a familiar source of income: overdraft fees, the Wall Street Journal reported today. The median fee for withdrawing more from a checking account than a customer has on deposit increased to an estimated $30 in 2013 — a record — up from $29 in 2012 and $26 in 2009, based on a survey of 2,890 banks and credit unions by Moebs Services Inc., an economic-research firm in Lake Bluff, Ill. Banks' fee revenue from checking, savings and other deposit accounts has been sliding since several regulations took effect. The Federal Reserve in 2010 stopped banks from automatically charging customers overdraft fees on debit card and automated-teller-machine transactions. In addition, the Dodd-Frank financial-overhaul law included an amendment that went into effect in 2011 lowering a debit card fee large financial institutions charge merchants.

HSBC Sued by Illinois Cook County over Minority Lending

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HSBC Holdings Plc was accused of targeting minority borrowers in Chicago with high-cost mortgage loans as Cook County, Ill., followed other local governments in trying to hold subprime lenders liable for urban blight, Bloomberg News reported yesterday. Cook County, second in size only to Los Angeles County, seeks unspecified compensatory and punitive damages for its alleged costs to police and maintain deteriorating neighborhoods and from lost tax revenue on vacant properties, according to the complaint filed March 21 against HSBC North America Holdings. The county’s lawsuit against HSBC, Europe’s largest bank, mirrors claims brought by Baltimore, Cleveland, and Memphis, Tennessee, targeting banks under the Fair Housing Act for making loans to minority borrowers who didn’t qualify for them, or for giving high-interest subprime mortgages to minority borrowers who could have qualified for prime loans.

Wells Fargo Foreclosure Manual Under Fire

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Wells Fargo created an elaborate guide for how to produce missing documents to foreclose on homeowners, according to a lawsuit that has caught the attention of state and federal regulators, the Washington Post reported yesterday. The bank denies wrongdoing, but the allegations rekindle claims that lenders, including Wells Fargo, used forged and shoddy paperwork during the recession to quickly foreclose on struggling homeowners, a practice known as “robo-signing.” Those charges led to a $25 billion national mortgage settlement that was supposed to put an end to such abusive practices, but bankruptcy lawyer Linda Tirelli says nothing has changed. In the course of defending a New York homeowner facing foreclosure, Tirelli said that she found a 150-page manual instructing Wells Fargo lawyers how to process foreclosures when a key document, known as an endorsement, is missing. Lenders need endorsements to prove that they own the mortgage, before they can foreclose on a homeowner.

Costly Loans Are Drawing Attention from States

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State regulators are redoubling efforts to shield vulnerable Americans from short-term loans with interest rates that can exceed 300 percent, the New York Times reported today. The crackdown gained momentum on Tuesday when the Illinois attorney general, Lisa Madigan, accused All Credit Lenders of misleading borrowers into taking out expensive loans that come with insurance products that they do not need or cannot use. In a lawsuit against All Credit Lenders, Madigan contends the company, which has storefronts in Illinois, South Carolina and Wisconsin, deceived borrowers into buying a product pitched as a way to protect them from falling behind on payments in the event of a job loss. But those protections never materialize, the lawsuit said. In fact, the fee is actually a way to raise interest rates that circumvent the state’s usury cap of 36 percent.

Administration Plan Would Rein In For-Profit Colleges

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The Obama administration is striking at for-profit colleges and other career-training schools, proceeding with a plan to strip federal funding from institutions whose former students default on their loans at excessive rates, The Wall Street Journal reported yesterday. The move, set to be unveiled Friday, targets schools that fail at their mission of preparing students for what the administration calls "gainful employment" and instead leaves them deep in debt and with weak job prospects. The Education Department's new rules would apply to most for-profit schools and any public-sector institutions. The Education Department proposal reflects one of the administration's boldest moves to tackle soaring student debt, which has nearly doubled since 2007 to about $1.1 trillion. The administration says a disproportionate share of students are coming from for-profit schools that it labels "predatory," luring students to hand over federal aid dollars while failing to deliver meaningful education. The proposal threatens to undermine revenues at major education firms including Education Management Corp., Apollo Education Group Inc., DevRy Education Group Inc. and Corinthian Colleges Inc. Under the plan, programs would no longer be able to accept title IV funds if they fail to meet several metrics. For-profit schools have long denied the charges, saying that they serve many students that other schools would not take.

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Obama Will Seek Broad Expansion of Overtime Pay

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President Obama this week will seek to force American businesses to pay more overtime to millions of workers, the latest move by his administration to confront corporations that have had soaring profits even as wages have stagnated, the New York Times reported today. On Thursday, the president will direct the Labor Department to revamp its regulations to require overtime pay for several million additional fast-food managers, loan officers, computer technicians and others whom many businesses currently classify as “executive or professional” employees to avoid paying them overtime, according to White House officials briefed on the announcement. Obama’s decision to use his executive authority to change the nation’s overtime rules is likely to be seen as a challenge to Republicans in Congress, who have already blocked most of the president’s economic agenda and have said they intend to fight his proposal to raise the federal minimum wage to $10.10 per hour from $7.25.

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Consumer Credit in U.S. Increased 13.7 Billion in January

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Consumer borrowing in the U.S. rose at a slower pace in January as Americans cut back on their credit-card purchases, Bloomberg News reported on Friday. The $13.7 billion gain followed a revised $15.9 billion advance the previous month that was smaller than initially reported, the Federal Reserve said on Friday. The median forecast of economists called for a $14 billion advance in January. Non-revolving debt, which includes financing for cars and college tuition, rose by the most in four months. The Fed’s figures showed revolving debt, which includes credit card purchases, fell by $225.6 million in January, after a $3.1 billion gain a month earlier. The slowdown corroborates a report last month that showed retail sales declined in January by the most since June 2012. Non-revolving credit, such as that for college loans and the purchase of vehicles and mobile homes, climbed by $13.9 billion, after a $12.8 billion increase the month before. Auto lending increased $8.9 billion in the fourth quarter from the prior three months.

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