Monthly Archives: March 2019
SD Fla. Denies FDCPA Class Certification Due to Individual Issues of ‘Actual Damages’
U.S. Supreme Court Holds FDCPA Has Extremely Limited Applicability to Persons Engaging in Nonjudicial Foreclosure Proceedings
6th Cir. Rules Ohio Amendment on Defective Mortgage Executions Did Not Bar Bankruptcy Trustee’s Avoidance Action
5th Cir. Holds No ‘Detrimental Reliance’ Exception to Unilateral Withdrawal of Acceleration Notice
7th Cir. Holds Erroneously Recorded Satisfaction May Be Unilaterally Cancelled and Withdrawn
Maurice Wutscher’s Shannon Miller to Give Guidance on Collection Compliance
March 14, 2019 — Maurice Wutscher attorney Shannon P. Miller will offer guidance on how to remain compliant when collecting debt during a seminar “FDCPA and Collection Law” on April 4 in Cherry Hill, NJ.
Presented by the National Business Institute, the full-day seminar will cover all aspects of collection law and compliance including the latest developments with the Fair Debt Collection Practices Act and other consumer protection laws, how to locate assets after judgments, best practices when collecting judgments, bankruptcy’s implications on collection practices and ethical considerations.
Continuing legal education credits will be provided. For more information and to register, click here.
Illinois App. Court (1st Dist) Holds Borrower’s General Denial Insufficient to Avoid Summary Judgment in Foreclosure
Bending the FDCPA to the Breaking Point: 3rd Cir. Broadens Scope in Ruling Creditor is a Debt Collector
7th Cir. Holds Mortgagee’s Deficiency Claim in Bankruptcy Was Precluded by Failure to Raise in Foreclosure
Trio of New York Bills Would Extinguish Debt, Require Licensing and Impose Additional Requirements in Collection Litigation
Maurice Wutscher’s Alan Hochheiser to Discuss Clawback Actions in Bankruptcy at ABA Business Law Meeting
March 6, 2019 — Maurice Wutscher attorney Alan Hochheiser will discuss clawback actions in bankruptcy proceedings at the ABA Business Law Section Spring Meeting in Vancouver on March 29.
The session, “Avoidance Updates: Fraudulent Conveyances, Preferences, and Unauthorized Post-Petition Transfers,” will review recent case law addressing the recovery and defense of fraudulent conveyance and preference actions in chapter 7 and chapter 11 bankruptcy proceedings. Panelists will also address Ponzi scheme actions and how the courts are viewing transfers made in those cases.
Click here for more information.