Consumer Bankruptcy Law and Practice: Amendment History
[78 Fed. Reg. 16,172 (Mar. 14, 2013)]
[78 Fed. Reg. 16,172 (Mar. 14, 2013)]
(a) If a fee for, or relating to, an instructional course is charged by a provider, such fee shall be reasonable:
(1) A fee of $50 or less for an instructional course is presumed to be reasonable and a provider need not obtain prior approval of the United States Trustee to charge such a fee;
(a) An approved provider shall send a certificate only to the debtor who took and completed the instructional course, except that an approved provider shall instead send a certificate to the attorney of a debtor who took and completed an instructional course if the debtor specifically directs the provider to do so. In lieu of sending a certificate to the debtor or the debtor’s attorney, an approved provider may notify the appropriate bankruptcy court in accordance with the Federal Rules of Bankruptcy Procedure that a debtor has completed the instructional course.
(a) The United States Trustee shall remove an approved provider from the approved list whenever an approved provider requests its removal in writing.
(b) The United States Trustee may issue a decision to remove an approved provider from the approved list, and thereby terminate the approved provider’s authorization to provide an instructional course, at any time.
The following fee schedule for use of the PACER system was issued by the Judicial Conference of the United States in accordance with 28 U.S.C. §§ 1913, 1914, 1926, 1930, and 1932. It is effective as of January 1, 2020.
Electronic Public Access Fee Schedule
The fees included in the Electronic Public Access Fee Schedule are to be charged for providing electronic public access to court records.
Published on: December 31, 2019
Effective on: January 1, 2020
This appendix includes statutory material relevant to the rulewriting authority of the Consumer Financial Protection Bureau (CFPB) regarding consumer financial services. See also Ch. 3, supra. To date, the CFPB has not issued any UDAAP rules, and this appendix will include such rules when enacted.
The Consumer Financial Protection Bureau has now, effective November 30, 2021, enacted Regulation F, interpreting the FDCPA.1 The Regulation is reproduced at Appx. B.1.2, infra. While certain regulation provisions track the statutory language, other provisions and the Regulation’s Official Interpretations provide new FDCPA interpretations.
The FDCPA does not specifically address electronic communication, and issues arise as to how FDCPA provisions apply to electronic communications between debt collectors and consumers. Regulation F clarifies that, in the definition of “communication,” “any medium” includes email, text message, social media, or other electronic media.2
The Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692 to 1692p, and its implementing rules under Regulation F, 12 C.F.R. Part 1006 (effective November 30, 2021), provide powerful tools for consumers who have been harassed, abused, or treated unfairly by debt collectors. Bringing a claim under the FDCPA involves many different, complex steps. This chapter provides a brief overview of some of the initial steps an attorney must consider when bringing an FDCPA claim.
What types of lenders does it apply to (e.g., banks vs. non-banks)? Any lender that is in the business of offering, making, or arranging consumer loans, or acting as an agent for a third party. § 480J-1 (definition of “installment lender”).
Has state opted out of federal bankruptcy exemptions? Yes. Ariz. Rev. Stat. Ann. § 33-1133.
Is opt out limited to residents or domiciliaries of the state? Yes. Ariz. Rev. Stat. Ann. § 33-1133: “Residents of this state are not entitled to the Federal exemptions provided in 11 U.S.C. § 522(d).” See In re Rody, 468 B.R. 384 (Bankr. D. Ariz. 2012) (Arizona opt-out applicable only to Arizona residents).
Do state’s exemptions have extraterritorial application?
Has state opted out of federal bankruptcy exemptions? Yes. N.D. Cent. Code § 28-22-17.
Is opt out limited to residents or domiciliaries of the state? Yes. N.D. Cent. Code § 28-22-17: “Residents of this state are not entitled to the federal exemptions provided in [§ 522(d)]. The residents of this state are limited to claiming those exemptions allowable by North Dakota law.”
Do state’s exemptions have extraterritorial application?
Homestead: Uncertain.
Has state opted out of federal bankruptcy exemptions? Yes. Iowa Code § 627.10.
Is opt out limited to residents or domiciliaries of the state? Not specified, but probably not. Iowa Code § 627.10: “A debtor to whom the law of this state applies on the date of filing of a petition in bankruptcy is not entitled to elect . . . [§ 522(d) exemptions].” See In re Williams, 369 B.R. 470 (Bankr. W.D. Ark. 2007) (debtors residing in Arkansas are subject to Iowa opt-out statute).
Has state opted out of federal bankruptcy exemptions? Yes. Nev. Rev. Stat. § 21.090(3).
Is opt out limited to residents or domiciliaries of the state? Yes. Nev. Rev. Stat. § 21.090: “Any exemptions specified in [§ 522(d)], do not apply to property owned by a resident of this State . . . .”
Do state’s exemptions have extraterritorial application?
Has state opted out of federal bankruptcy exemptions? Yes, except as to exemptions provided by 11 U.S.C. § 522(d)(10). Fla. Stat. §§ 222.20, 222.201.
Has state opted out of federal bankruptcy exemptions? Yes. S.C. Code Ann. § 15-41-35.
Is opt out limited to residents or domiciliaries of the state? Not specified. S.C. Code Ann. § 15-41-35: “No individual may exempt from the property of the estate in any bankruptcy proceeding the property specified in [§ 522(d)] except as may be expressly permitted by this chapter or by other provisions of law of this State.”
Do state’s exemptions have extraterritorial application?
Has state opted out of federal bankruptcy exemptions? No. Ark. Code Ann. § 16-66-217.
Is opt out limited to residents or domiciliaries of the state? Not applicable.
Do state’s exemptions have extraterritorial application?
Homestead: Probably not. Ark. Code Ann. § 16-66-210 limited to homestead “of any resident of this state.” See Cherokee Constr. Co. v. Harris, 122 S.W. 485 (Ark. 1909).
Personal property: Uncertain.
Has state opted out of federal bankruptcy exemptions? Yes. Ohio Rev. Code Ann. § 2329.662 (West).
Is opt out limited to residents or domiciliaries of the state? Yes. Ohio Rev. Code Ann. § 2329.662 (West): “[T]his state specifically does not authorize debtors who are domiciled in this state to exempt the property specified in [§ 522(d)].”
Do state’s exemptions have extraterritorial application?
Has state opted out of federal bankruptcy exemptions? Yes, except as to 11 U.S.C. § 522(d)(10) (benefits, alimony, support, maintenance, certain pensions and similar payments). Kan. Stat. Ann. § 60-2312.
Is opt out limited to residents or domiciliaries of the state? Not specified. Kan. Stat. Ann. § 60-2312: “[N]o person, as an individual debtor under the [Bankruptcy Code], may elect exemptions pursuant to [§ 522(d)].”
Do state’s exemptions have extraterritorial application?
Has state opted out of federal bankruptcy exemptions? Yes. Va. Code Ann. § 34-3.1.
Is opt out limited to residents or domiciliaries of the state? Not specified. Va. Code Ann. § 34-3.1: “No individual may exempt from the property of the estate in any bankruptcy proceeding the property specified in [§ 522(d)], except as may otherwise be expressly permitted under this title.”
Do state’s exemptions have extraterritorial application?
Has state opted out of federal bankruptcy exemptions? No.
Is opt out limited to residents or domiciliaries of the state? Not applicable.
Do state’s exemptions have extraterritorial application?
Has state opted out of federal bankruptcy exemptions? Yes. Ga. Code Ann. § 44-13-100(b).
Has state opted out of federal bankruptcy exemptions? Yes. S.D. Codified Laws §§ 43-31-30, 43-45-13.
Is opt out limited to residents or domiciliaries of the state? Yes. S.D. Codified Laws §§ 43-31-30, 43-45-13: “Residents of this state are not entitled to [§ 522(d) exemptions], exemptions which this state specifically does not authorize.” See In re Volk, 26 B.R. 457 (Bankr. D.S.D. 1983).
Do state’s exemptions have extraterritorial application?
Has state opted out of federal bankruptcy exemptions? No.
Is opt out limited to residents or domiciliaries of the state? Not applicable.
Do state’s exemptions have extraterritorial application?
Homestead: Yes. See In re Drenttel, 403 F.3d 611 (8th Cir. 2005).
Personal property: Not specified in exemption statute, but probably yes based on In re Drenttel, 403 F.3d 611 (8th Cir. 2005).
Has state opted out of federal bankruptcy exemptions? Yes. Cal. Civ. Proc. Code § 703.130 (West).
Is opt out limited to residents or domiciliaries of the state? Not specified. Cal. Civ. Proc. Code § 703.130 (West): “[T]he exemptions set forth in [§ 522(d)] . . . are not authorized in this state.”
Do state’s exemptions have extraterritorial application?