May 31, 2017 — Maurice Wutscher’s Alan C. Hochheiser and Donald Maurice will be among a panel of speakers presenting an ABA webinar today at noon, “A Look at FDCPA Regulation of Bankruptcy Practices after Midland Funding LLC v. Johnson.”
A recent Supreme Court decision found the federal Fair Debt Collection Practices Act was not violated by a debt collector’s filing of a proof of claim for a debt subject to an expired limitations period. But the decision did not find that the FDCPA is precluded by the Bankruptcy Code.
The webinar will explore the decision and examine whether FDCPA risks still remain for bankruptcy practices. Panelists will discuss what may occur with existing cases that were stayed and what to look for moving forward.
The webinar is being presented by the ABA Business Law Section’s Consumer Bankruptcy Committee. For more information, click here.
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May 24, 2017 — Maurice Wutscher partner Donald Maurice is quoted in a Law360 article regarding the U.S. Supreme Court’s recent ruling in favor of Midland Funding in Midland Funding, LLC v. Johnson.
In a 5-3 decision, the Supreme Court held that the federal Fair Debt Collection Practices Act (FDCPA) is not violated when a debt collector files a proof of claim for a debt subject to the bar of an expired limitations period.
The petition came from the Eleventh Circuit, the only to hold the conduct violates the FDCPA; the theory was rejected by the Fourth, Seventh and Eighth Circuit Courts of Appeals.
Maurice successfully argued for the creditor in the Fourth Circuit case and as outside counsel to RMA International led a team of attorneys who authored a friend of the court brief on behalf of RMA in support of Midland.
The article, “Justices Stem Tide of Suits Against Stale Debt Collectors,” is available here.