Skip to main content

%1

Corinthian Colleges Sued by CFPB for Predatory Lending

Submitted by webadmin on

Corinthian Colleges is being sued by the federal Consumer Financial Protection Bureau for what it calls a "predatory lending scheme,” the Associated Press reported today. The CFPB is seeking more than $500 million for borrowers who used the for-profit education company's private student loans. Corinthian misled students about their job prospects, in some cases paying employers to offer temporary jobs to graduates, the CFPB said yesterday. Corinthian charged as much as $75,000 for a bachelor's degree and pushed students into private loans with interest rates of roughly 15 percent, more than double the rate for a federal loan, the CFPB said. More than 60 percent of Corinthian students with those loans defaulted within three years.

GAO More Seniors Are Carrying Student Loan Debt into Retirement

Submitted by webadmin on



ABI Bankruptcy Brief | September 11, 2014



 
  

September 11, 2014

 
home  |  newsroom  |  chart of the day  |  blogs  |  bankruptcy code and rules  |  statistics  |  legislative news  |  volo
  NEWS AND ANALYSIS   

GAO: MORE SENIORS ARE CARRYING STUDENT LOAN DEBT INTO RETIREMENT

A report released yesterday by the Government Accountability Office found that the total outstanding debt load held by seniors grew to $18.2 billion in 2013, up from $2.8 billion in 2005, the Washington Post reported today. The share of households headed by people between the ages of 65 and 74 who have student loan debt also grew, reaching 4 percent in 2010 from 1 percent in 2004. The GAO report cited a number of reasons why older Americans might still be paying off student loans even as they're gearing up for retirement. The majority of the college debt carried into retirement, about 80 percent, came from loans that seniors took out for their own educations. Some of the loans may have been taken out to pay for graduate or continuing education courses required by their jobs, the report notes. The remaining 20 percent of the debt was for loans people took out for their children or other dependents. Read more.

Click here to read the full GAO report.

For more on student debt and bankruptcy, be sure to pick up a copy of Graduating with Debt: Student Loans under the Bankruptcy Code, available now in the ABI Bookstore.

COMMENTARY: DISRUPTING CONSUMER FINANCIAL SERVICES

Financial businesses like banks, credit card issuers, payday loan companies, student and car lenders, credit bureaus, money transmitters and retirement funds are being challenged from all sides, according to a commentary yesterday on Forbes.com. One driver, according to the commentary, is regulation itself, as banks increasingly find that profit margins in their consumer business lines are not worth the regulatory costs and risks they carry. The financial industry overall is hiring thousands of new compliance personnel and paying billions of dollars in redress for past actions — exemplified by this month's record $16.65 billion Bank of America mortgage settlement — but it is still losing ground in containing risks. Rising regulatory ambiguity, including subjective, high-penalty mandates to ensure consumer "fairness," are making it impossible for providers to assess and limit legal exposure. Many are quietly doing so, especially in vulnerable lower-end markets, according to the commentary, where regulatory uncertainties are highest. Some will fully exit consumer businesses where risks seem unmanageable. As a result, private capital is flowing into less-regulated financial businesses, while technology innovators are leveraging the revolutions underway in big data, social media, and smartphone-based mobile payments that are rapidly transforming the industry. Established companies with cumbersome IT systems and costly branch networks face novel threats, including millennial consumers' attraction to phone apps that manage bill-paying, saving, and borrowing. An industry that has not recovered the public trust lost in the financial crisis could find it itself with unexpected vulnerability. Click here to read the full commentary.

S&P: INVERSIONS COULD LEAD TO CREDIT DOWNGRADES

Standard & Poor's Ratings Service yesterday warned that companies trying to lower their tax rates by moving their headquarters overseas may get hit with lower credit ratings, the Wall Street Journal reported today. Many U.S. companies have recently sought to cut their tax rates by acquiring foreign firms and then reincorporating in lower-tax jurisdictions. The controversial strategy has raised the ire of the Obama administration, which has decried the tactic as harmful to the U.S. Companies no longer domiciled in the U.S., which has a 35 percent corporate tax rate, could pay lower taxes and have access to vast stores of cash formerly trapped overseas for buybacks and dividend payments. But S&P's analysts argued that bondholders would suffer from credit downgrades as a result. "All you have left is weaker liquidity and higher debt," said S&P analyst Andrew Chang. Read more (subscription required).

NEW CASE SUMMARY ON VOLO: LOPEZ V. BANK OF AMERICA (IN RE LOPEZ; 11TH CIR.)

Summarized by Walter Kelley of Kelley, Lovett & Blakey, PC

The Eleventh Circuit ruled that the debtor may "strip off" or void a junior lien where the amount of debt securing the senior lien exceeds the value of the house.

There are more than 1,400 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: HAS APPLE INADVERTENTLY BECOME A REGULATED FINANCIAL INSTITUTION WITH ITS "PAY" SERVICE?

A recent post examines whether Apple's new "Pay" service may have made the company a "service provider" for purposes of the Consumer Financial Protection Act, which would make Apple subject to CFPB examination and UDAAP.

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

SARE cases should not be allowed in chapter 11.

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

INSOL INTERNATIONAL

INSOL International is a worldwide federation of national associations for accountants and lawyers who specialize in turnaround and insolvency. There are currently 43 member associations worldwide with more than 9,000 professionals participating as members of INSOL International. As a member association of INSOL, ABI's members receive a discounted subscription rate. See ABI's enrollment page for details.

Have a Twitter, Facebook or LinkedIn Account?

Join our networks to expand yours.

  

 

NEXT WEEK


Register Today!


Register Today!


COMING UP

SW14
Register Today!

SW14
Register Today!

GT14
Register Today!

CT14
Register Today!

IIS14
Register Today!

CFRP14
Register Today!

CRC14
Register Today!

CHICAGO14
Register Today!

DETROIT14
Register Today!

PDP14
Register Today!

WLC14
Register Today!

MT14
Register Today!

 

   
  CALENDAR OF EVENTS
 

2014

September
- ABI Workshop: Lending to Distressed Companies
    Sept. 15, 2014 | Alexandria, Va.

- Lawrence P. King and Charles Seligson Workshop on Bankruptcy & Business Reorganization
    Sept. 17-18, 2014 | New York, N.Y.

October
- abiWorkshop: Government Contracting and Bankruptcy
    Oct. 6, 2014 | Alexandria, Va.

- Midwestern Bankruptcy Institute
    Oct. 16-17, 2014 | Kansas City, Mo.

- Views from the Bench
    Oct. 24, 2014 | Washington, D.C.

- Claims-Trading Program
    Oct. 30, 2014 | New York, N.Y.

- International Insolvency & Restructuring Symposium
    Oct. 30-31, 2014 | London


  

 



November
- Complex Financial Restructuring Program
    Nov. 6, 2014 | Philadelphia

- Corporate Restructuring Competition
    Nov. 6-7, 2014 | Philadelphia

- Chicago Consumer Bankruptcy Conference
    Nov. 11, 2014 | Chicago, Ill.

- Detroit Consumer Bankruptcy Conference
    Nov. 11, 2014 | Troy, Mich.

- Mid-Level Professional Development Program
    Nov. 12, 2014 | Chicago

December
- Winter Leadership Conference
    Dec. 4-6, 2014 | Palm Springs, Calif.

- 40-Hour Mediation Training Program
   Dec. 7-11, 2014 | New York, N.Y.

 

 
 
ABI BookstoreABI Endowment Fund ABI Endowment Fund
 


CFPB Takes Action Against Amerisave Mortgage

Submitted by webadmin on

The Consumer Financial Protection Bureau took action against Amerisave Mortgage and ordered it to pay $19.3 million for deceiving tens of thousands of mortgage customers with a bait-and-switch loan scheme, Housingwire.com reported yesterday. The charges were against Amerisave, its affiliate, Novo Appraisal Management Company, and the owner of both companies, Patrick Markert. According to the bureau, the mortgage firm lured consumers by advertising misleading interest rates, locked them in with costly up-front fees, failed to honor its advertised rates and then illegally overcharged them for affiliated “third-party” services.

Feds Sue Law Firms in Foreclosure Relief Scams

Submitted by webadmin on

Federal and state consumer protection watchdogs on Wednesday took aim at lawyers, filing more than three dozen suits targeting law firms and other entities for running illegal foreclosure-relief scams, The National Law Journal reported Wednesday. The nationwide enforcement sweep, dubbed Operation Mis-Modification, was led by the Federal Trade Commission, the Consumer Financial Protection Bureau and attorneys general or other regulators from 15 states, including New York, Florida and Michigan. The suits — six by the FTC, three by the CFPB and 32 by state attorneys general — make similar allegations: Lawyers or other scammers charged illegal advance fees for services and falsely promised to prevent foreclosures or renegotiate troubled mortgages. The agencies are seeking compensation for victims, civil fines and injunctions, and in some cases have also secured temporary restraining orders freezing the firms' assets.

CitiMortgage Seeks 4.5 Million in Lawsuit against Chicago Bankers

Submitted by webadmin on

CitiMortgage is suing two Chicago bankers, Steve and John Calk, alleging that a mortgage bank that the brothers once operated had provided inaccurate residential loan underwriting documents, The St. Louis Post-Dispatch reported on Monday. O’Fallon, Mo.-based CitiMortgage is seeking more than $4.5 million in damages in its breach-of-contract lawsuit, which was filed in U.S. District Court in St. Louis Monday. Since 2004, CitiMortgage has purchased 4,790 loans from Chicago Bancorp, which was once one of the largest privately held retail mortgage banks in the country before it was dissolved in 2012, according to court documents. Eighteen loans Chicago Bancorp sold to CitiMortgage over the last decade contained inaccurate information or material misrepresentations that included misrepresenting a borrower’s income, employment or debt, according to the lawsuit. The new lawsuit isn’t the first time the parties have litigated over home loans. CitiMortgage sued Chicago Bancorp, the Calks, the Federal Savings Bank, and National Bancorp Holdings in February 2012 in federal court alleging that 11 loans contained inaccuracies, and CitiMortgage sought more than $2 million in damages in that case.

In a Subprime Bubble for Used Cars Borrowers Pay Sky-High Rates

Submitted by webadmin on

Auto loans to people with tarnished credit have risen more than 130 percent in the five years since the immediate aftermath of the financial crisis, with roughly one in four new auto loans last year going to borrowers considered subprime, The New York Times Dealbook reported yesterday. The explosive growth is being driven by some of the same dynamics that were at work in subprime mortgages. Just as Wall Street stoked the boom in mortgages, some of the nation’s biggest banks and private-equity firms are feeding the growth in subprime auto loans by investing in lenders and making money available for loans. Many subprime auto loans are bundled into complex bonds and sold as securities by banks to insurance companies, mutual funds and public pension funds. A New York Times examination found that subprime auto loans can come with interest rates that can exceed 23 percent. The loans were typically at least twice the size of the value of the used cars purchased. Such loans can thrust already vulnerable borrowers further into debt, even propelling some into bankruptcy, according to the court records, as well as interviews with borrowers and lawyers in 19 states. The investigation also found dozens of loans that included incorrect information about borrowers’ income and employment, leading people who had lost their jobs, were in bankruptcy or were living on Social Security to qualify for loans that they could never afford.

Payday Lender Ace Cash Express to Pay 10 Million over Debt-Collection Practices

Submitted by webadmin on

When customers fell behind on repaying their short-term, small-dollar loans, Ace Cash Express threatened jail time or pressured them into taking out new loans with exorbitant fees to cover the debt, the Washington Post reported today. Ace was so intent on squeezing money out of customers that its training manual included a graphic of a step-by-step loan process that could trap delinquent borrowers in a cycle of debt, the Consumer Financial Protection Bureau said yesterday. Those sorts of abusive debt-collection practices are at the heart of the $10 million settlement the government watchdog reached with Ace, one of the nation’s largest payday lenders. The Irving, Tex.-based company agreed to the deal but denies wrongdoing. Ace must pay $5 million to refund delinquent customers who were subject to illegal collection practices from March 7, 2011 to Sept. 12, 2012. Ace must also pay a $5 million civil penalty and ­­end its abusive tactics, according to the order.

Wells Fargo Cant Shake L.A. Lawsuit Over Predatory Loans

Submitted by webadmin on

Wells Fargo & Co. lost a bid to throw out a lawsuit by Los Angeles in the city’s renewed effort to hold mortgage lenders liable for record foreclosures during the collapse of the U.S. housing market, Bloomberg News reported yesterday. U.S. District Judge Otis Wright II in Los Angeles, without ruling on the merits of the claims, today said the city’s allegations that the bank targeted minority lenders with “predatory loans” were legally sufficient at this stage to proceed with the case. The second-largest U.S. city separately sued Wells Fargo, Citigroup Inc. and Bank of America Corp. last year, saying the three mortgage lenders engaged in discriminatory practices since at least 2004, placing minority borrowers in loans they couldn’t afford and driving up the number of foreclosures in their neighborhoods.

N.Y. Cracks Down on Debt Collectors in 16 Million Accord

Submitted by webadmin on

Two of the largest U.S. consumer debt buyers agreed to drop collections on about $16 million to settle allegations they pursued debtors in violation of New York law, an accord reached as federal regulators prepare to crack down on the growing industry, Bloomberg News reported yesterday. Portfolio Recovery Associates LLC, based in Norfolk, Va., and Sherman Financial Group LLC also agreed to pay a combined $475,000 in penalties, New York Attorney General Eric Schneiderman said yesterday. The firms, which buy mostly unpaid credit card debt at discounted prices and then get court judgments on the defaults, broke New York law by trying to collect obligations that were too old, the state said.

U.S. Wins 1.2 million Penalty Against Bank for Aiding Payday Loans

Submitted by webadmin on

A U.S. court on Friday ordered North Carolina's Four Oaks Bank to pay a penalty of $1.2 million over claims that it failed to protect consumers' bank accounts in a win for federal prosecutors investigating banks doing business with payday lenders, Reuters reported on Monday. The civil penalty was the result of a complaint filed in January in U.S. District Court in eastern North Carolina that said the bank had been "deliberately ignorant" when dealing with merchants who were defrauding customers. A settlement, including the payment, was proposed when the complaint was filed. The bank said in January that as part of the deal it did not admit to the allegations or to any liability. In their complaint, U.S. prosecutors alleged that Four Oaks Bank allowed a privately owned third-party payment processor in Texas to illegally process around $2.4 billion in return for more than $850,000 in fees.