Monday, December 31, 2018

End-of-Year (2018) Index of Blawg Coverage of Private Student Loans and Debt Collection Litigation Generally


Illinois Court of Appeals implores Legislature to change law to provide for wage-garnishment relief, finding itself constrained to exercise discretion in extreme hardship cases. National Collegiate Student Loan Trust 2004-1 v. Ogunbibi, No. 1-17-08612018 IL App (1st) 170861 (December 24, 2018). KEY WORDS: judgment-execution-garnishment, National-Collegiate-Student-Loan-Trusts, wage-garnishment. Posted on 12/30/18.  

Not So Jolly Is the Season: Discover Bank's lawyers in Texas move to strike Pro Bono Amicus Brief submitted in support of Pro-Se Debtor who had trouble putting together a proper appellate brief of his own. Posted on 12/25/18.

Hoffman v. Transworld Systems,Inc.: post-Consent-Order FDCPA actionsurvives TSI's initial motion to dismiss in part. KEY WORDS: affidavits, class-action, FDCPA, National-Collegiate-Student-Loan-Trusts, robosigning, Transworld-System-Inc. Posted on 12/23/18.

Asset freeze by temporaryinjunction based on unadjudicated claim for unliquidated damages reversed by Austin Court of Appeals injunctive-relief. Posted on 11/29/18.

Did TERI guaranty bring NCSLT-securitized student loans within the non-dischargeability provision ofthe Bankruptcy Code? KEY TERMS: bankruptcy, dischargeability-of-student-loan-debt, National-Collegiate-Student-Loan-Trusts, private-student-loans, TERI. Posted on 11/29/18.

Not sad to see Justice Harvey Brown et al removed from the appellate bench in Houston: A critical look at the First Court of Appeals'private student loan jurisprudence. KEY WORDS: National-Collegiate-Student-Loan-Trusts, private-student-loans. Posted on 11/11/18.

Cosigner liable to National Collegiate Student Loan Trust on private student loan after no-asset bankruptcy discharge, based on TERI guaranty KEY WORDS: bankruptcy., dischargeability-of-student-loan-debt, National-Collegiate-Student-Loan-Trusts, private-student-loans, TERI. Posted on 11/5/18. 

US District Court in Delaware okays Odyssey's appointment as additional servicer of NCSLT private student loans, clearing way for sale of defaulted loans. KEY WORDS: National-Collegiate-Student-Loan-Trusts, private-student-loans, Transworld-System-Inc. Posted on 11/2/18.

Interventions in Enforcement Action of Consumer Financial Protection Bureau vs. National Collegiate Student Loan Trusts finally approved; but where are the parties to the Proposed Consent Judgment signed in September 2017? KEY WORDS: CFPB, federal-enforcement-actions, National-Collegiate-Student-Loan-Trusts, PHEAA-AES, private-student-loans, Transworld-System-Inc. 10/31/18.

Interventions granted in CFPB v NCSLT Trusts (Oct 19, 2018). KEY WORDS: CFPB, National-Collegiate-Student-Loan-Trusts, PHEAA-AES, Transworld-System-Inc. Posted on 10/31/18.

Payday Lenders & Arbitration:Cert Pet. in Henry v. Cash Biz LP (Tex. 2018) set for SCOTUS Conference Sep. 24, 2018. KEY TERMS:  consumer-arbitration, payday-loans-and-lenders, unfair-debt-collection, waiver-of-right-to-arbitrate. Posted on 9/23/18.

GSS Data Services, Inc. and Wilmington Trust Company win dismissal of law firm's suit brought against them in New York over NCSLT-related legal work. KEY WORDS: National-Collegiate-Student-Loan-Trusts, private-student-loans, Wilmington-Trust-Company. Posted on 9/21/18.

BANA v Lerma (Tex.App. 2018) Bank's Business Records with Affidavit found untrustworthy for failure to show payment credit. KEY WORDS: authentication of bank records, Bank-of-America, business records-exception-to-hearsay, suit-on-credit-card-debt. Posted on 9/16/18.

Pitfalls of Consumer Collection Suit Defense in Texas: Taylor v. Discover Bank (Tex. App. - Austin 2018). KEY WORDS; appeal-of-summary-judgment, contract-formation, credit-card-debt-plaintiffs, credit-card-statements, Discover-Bank, evidentiary-objections, proof-of-damages. Posted on 9/13/18.

How Donald Uderitz and NCSLT bond investors found friends in post-Harvey Houston while undergoing three haircuts. KEY TERMS: National-Collegiate-Student-Loan-Trusts, private-student-loans. Posted on 8/27/18. 

Motion to Compel Arbitration in Bankruptcy Court Denied (student loan debtor). KEY WORDS: bankruptcy, dischargeability-of-student-loan-debt, Federal-Arbitration-Act, motion-to-compel-arbitration, student-loan. Posted on 8/9/18.

No Citation in the Court's file,no Valid Service based merely on Affidavit of Process Server, no Valid Default Judgment. KEY WORDS: bill-of-review, citation, defective-service-of-citation, no-answer-default-judgment. Posted on 7/13/18.

Denial of usury damages andattorney's fees in claim based on unpaid usurious loans reversedLeteff vs. Roberts (Tex.App.- Houston 2018). Leteff v. Roberts d/b/a City Auto Sales, No. 01-17-00398-CV (Tex.App. - Houston [1st Dist.] May 22, 2018, no. pet.) (denial of relief under the Texas usury statute reversed and case remanded for further proceedings).  KEY WORDS: Texas-Finance-Code, usury. Posted on 7/12/18.

Acknowledgement of Debt: TexasSupreme Court Disagrees on Pleading Sufficiency Issue, Reverses: DeRoeck v. DHM Ventures, LLC, No. 17-0033 (Tex. June 6, 2018). KEY WORDS: acknowledgment-of-debt, creditor-causes-of-action, statute-of-limitations, Texas-Supreme-Court. Posted on 6/23/18.

CFPB found unconstitutionally structured and incapable of pursuing enforcement action in New York [here is the link to the opinion order]. KEY WORDS: CFPB, federal consumer protection enforcement. Posted on 6/22/18.

Joseph Onwuteaka, attorney anddebt collector for his own debt-buying company loses another appeal in an FDCPAcase over his practice of suing consumers in the wrong county. KEY WORDS; FDCPA, unfair-debt-collection, venue-violations, collection lawsuit in wrong-venue. Posted on 6/19/18.

Fifth Circuit tells pro seforeclosure plaintiffs in 2nd appeal that their claims shall remain in federalcourt after removal from state court. KEY WORDS: FDCPA, foreclosure, removal-to-federal-court, pro se litigants. Posted on 6/18/18.

Prolific FDCPA Violator taken totask: Infante v. Law Office of Joseph Onwuteaka, P.C. (5th Cir. May 31, 2018). KEY WORDS: debt-collection-lawyers, FDCPA, venue-violations. Posted on 6/2/18.

Fifth Circuit recognizes that acceleration of maturity is a harsh remedy, and that equitable constraintsapply: Wilmington Trust, N.A. v. Rob (5th Cir. 2018). KEY WORDS: acceleration-of-loan-maturity, foreclosure, notice-of-acceleration, notice-of-intent-to-accelerate, opportunity-to-cure-default. Posted on 5/28/18.

Update on Wrangle over NC TrustAsset Control: Delaware USDC Magistrate okays Odyssey's designation as servicer of 6 National Collegiate Student Loan Trusts in row between Indenture Trustee U.S. Bank and NCSLT trust certificate owners; overrules all of US Bank's objections National-Collegiate-Student-Loan-Trusts, student-loan-servicing. KEY WORDS: NCSLT, Transworld-System-Inc, SLABS, private student loans. . Posted on 5/7/18.

May Student Loan Trust sue in itsown name? It may depend on state law - NCSLT 2006-3 v Poole, KEY TERMS: capacity-to-sue, National-Collegiate-Student-Loan-Trusts, right-of-sue-as-assignee, standing-to-sue-issue, private student loans. Posted on 4/29/18.

Redemptio ex machina for Transworld Systems Inc.: TSI Affidavit Machine Receives Judicial Bailout inTexas; did not even have to pray for it, not being a party - Ladanta Foster v. National Collegiate Student Loan Trust 2007-4. KEY WORDS: admission-exclusion-of-evidence, business records-exception-to-hearsay, evidentiary-objections, National-Collegiate-Student-Loan-Trusts, private-student-loans, Transworld-System-Inc. Posted on 4/5/18.

How (not) to waste $400 fighting the repo man - U.S Magistrate Judge explains requirements for bringing consumer action in federal court, dismisses pro se complaint without prejudice. KEY WORDS: FDCPA, pro se litigants. Posted on 4/4/18.

CFPB Status Report on Enforcement Actions against NCSLT and TSI. KEY WORDS: federal-enforcement-actions, National-Collegiate-Student-Loan-Trusts, private-student-loans, Transworld-System-Inc. Posted on 4/3/18.

Mulvaney's Mid-FY Report to Congress: Push to Dismantle CFPB's Independence and to Curtail its Consumer Protection Mission Continues. CFPB, federal consumer protection laws and enforcement. Posted on 4/2/18.

Access Group loans taken out topay for law school generally not subject to discharge in Bankruptcy § 523(a)(8)(A). KEY TERMS: bankruptcy, student-loan. Posted on 3/27/18.

Seeing No Evil: Texas Supreme Court approves diversion of lawsuit against payday lender over egregious criminal collection tactics into private arbitration. Henry v. Cash Biz, LP, 551 S.W.3d 111 (Tex. 2018). KEY TERMS: consumer-arbitration, criminal-aspects-of-debt, motion-to-compel-arbitration, payday-loans-and-lenders, waiver-of-right-to-arbitrate. Posted on 3/26/18.


Appealing Pro Se in Texas: Not so Appealing 

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