Nov. 1, 2017 — Maurice Wutscher’s Alan C. Hochheiser will be among a panel of speakers presenting an ABA webinar Nov. 29 at noon, “Recent Consumer Bankruptcy Law Developments Affecting Businesses Operating In That Environment.”
Panelists will review U.S. Supreme Court decisions and Circuit Court decisions in consumer bankruptcy over the last year and provide guidance for business lawyers in their dealings with consumer debtors.
Originally scheduled for Nov. 7, the webinar is being presented by the ABA Business Law Section’s Consumer Bankruptcy Committee. For more information, click here.
9th Cir. Holds No Remand When Only Portion of Putative Class Met CAFA’s Home-State Controversy Exception
Oct. 19, 2017 — Several Maurice Wutscher attorneys will speak at the Consumer Financial Services Conference at Texas A&M University School of Law, Nov. 2-3.
Donald Maurice will discuss the evolving landscape of first party collections. Ernest P. Wagner will moderate a panel on cybersecurity. Ralph T. Wutscher will moderate a panel on mortgage origination and servicing compliance.
Conference attendees will also hear from other leaders in consumer financial services law on such issues as limited English proficiency, ADA accessibility, vendor management, CFPB actions, RESPA, mortgage servicing litigation, FinTech, arbitration, collateral protection insurance in auto finance, fair lending, and the TCPA.
The conference is organized by the Conference on Consumer Finance Law. Twelve CLE credits will be provided, including one hour of ethics. For more information and to register, click here.
Oct. 12, 2017 — Maurice Wutscher attorneys Alan Hochheiser and Donald Maurice will discuss regulatory developments and compliance strategies in debt collection and consumer bankruptcy law at the Orlando Conference for Buy Here, Pay Here on Oct. 23-25.
In Maximizing Recoveries through Debt Sales, Alan Hochheiser will explain how dealers can maximize their recoveries in bankruptcy matters.
In Collection Hot Spots – What You Should Be Doing Today to Avoid Litigation Tomorrow, Donald Maurice will discuss the state and local regulation of “first party” debt collection, the practices that tend to increase the risk of civil litigation and regulatory enforcement and what dealers can do now to protect their businesses.
The conference is presented by the National Alliance of Buy Here, Pay Here Dealers. Click here for more information.
9th Cir. Limits Subsequent Good-Faith Transferee Exception in Bankruptcy Fraudulent Transfer Actions
In Supreme Court Restores Order to Bankruptcy Claims Process, Dominczyk writes that the Supreme Court’s recent decision in Midland Funding, LLC v. Johnson has brought clarity to the application of the FDCPA to proofs of claim in chapter 13 cases.
“In the end, the majority held that ‘filing a proof of claim that is obviously time barred is not a false, deceptive, misleading, unfair, or unconscionable debt collection practice within the meaning of the FDCPA.’ This opinion restores order among the circuits and requires the Eleventh Circuit to fall in line with the Second, Third, Fourth, Seventh, Eighth, and Ninth Circuits when it comes to the application of the FDCPA to proofs of claim,” writes Dominczyk.
Thomas R. Dominczyk is a principal of Maurice Wutscher LLP. He focuses his practice on various aspects of financial services law, with an emphasis on consumer financial services litigation. He is based in the firm’s New Jersey office and supports the firm’s litigation matters in its New York and Pennsylvania offices.
Business Law Today is published by the American Bar Association’s Business Law Section.