Monthly Archives: April 2021

Maurice Wutscher’s Alan Hochheiser Explains Bankruptcy Process, Options

alan hochheiser

April 27, 2021 ­— Maurice Wutscher bankruptcy practitioner Alan Hochheiser discusses the bankruptcy process in a recent Cleveland Jewish News article and whether a consumer or business should consider filing or first attempt a workout.

While bankruptcy can give debtors and troubled businesses a fresh start, Mr. Hochheiser advises parties to communicate with creditors first.

“Reach out, try to come up with a repayment program so you don’t need to file bankruptcy. Especially with the COVID pandemic going on, creditors are more apt to look to work out situations,” Mr. Hochheiser says.

Alan Hochheiser is a principal at national business and financial services law firm Maurice Wutscher LLP, where he advises and represents businesses, regional and national banks, credit unions, equipment lessors and other lenders, as well as secured and unsecured creditors. Mr. Hochheiser chairs the ABA Business Law Section’s Consumer Bankruptcy Committee. He has been named to ALM’s list of Cleveland’s Top-Rated Lawyers and is peer-rated AV Preeminent by Martindale-Hubbell, the worldwide guide to lawyers.

Webinar: Maurice Wutscher’s Keith Wier to Outline Best Practices for Pre-Litigation Demand Letters

April 26, 2021 — Maurice Wutscher attorney Keith Wier will participate in a panel discussion about pre-litigation demand letters and best practices when responding to them during a webinar April 30 at 1 pm ET.

In this webinar, the panel will talk about what they are seeing with respect to pre-litigation demand letters and offer their perspectives about how collection agencies should deal with them.

“Pre-Litigation Demand Letter Trends” is being presented by AccountsRecovery.net. To register for the free webinar, click here.

Keith Wier focuses his practice on the defense of individual and class action suits under state and federal consumer statutes, professional liability defense, and compliance issues for members of the collection industry.

Maurice Wutscher’s Kevin Hudspeth Discusses Massachusetts Foreclosure Challenges in Business Law Today

Kevin Hudspeth

April 15, 2021 — Maurice Wutscher attorney Kevin Hudspeth has written an article for the American Bar Association’s news magazine Business Law Today in which he discusses the Massachusetts foreclosure process and complications that arise for lenders when a note is lost.

In “Much Obliged: Massachusetts Lenders Shouldn’t Have to Lose It Over Lost Notes,” he writes, “a mortgage secures the borrower’s obligation to repay the debt, not the lender’s ability to enforce the note serving as evidence of the debt. Accordingly, the Massachusetts statutory power of sale should allow lenders who can prove that they own a lost mortgage note to foreclose even if they cannot show that the UCC would allow them to enforce the lost note.”

Mr. Hudspeth writes that harmonizing a ruling from the Massachusetts Supreme Court in Eaton v. Fannie Mae with the state UCC “should allow a lender who can demonstrate that it owns a lost mortgage note using ‘principles of the law of property’ to exercise the statutory power of sale. If the lender could not demonstrate its entitlement to enforce the lost note under Massachusetts’ UCC, it presumably could not collect any deficiency after the sale or otherwise obtain a judgment on the note, but reading Eaton together with the Massachusetts UCC should allow the lender to foreclose under the statutory power of sale as long as it can demonstrate that it owns the mortgage note.”

Kevin Hudspeth is of counsel to Maurice Wutscher LLP.  He has substantial litigation experience in federal and state courts across the country, predominantly representing national mortgage loan servicers on a wide variety of issues. He regularly litigates cases involving issues such as real estate litigation, commercial business disputes, Uniform Commercial Code litigation, loan repurchase litigation, and contested foreclosures.

Maurice Wutscher’s Alan Hochheiser to Speak on Bankruptcy Developments During the Pandemic at ABA Business Law Virtual Spring Meeting

alan hochheiser

April 14, 2021 — Maurice Wutscher bankruptcy practitioner Alan Hochheiser will moderate a virtual panel discussion on consumer bankruptcy developments during the Covid-19 pandemic during the ABA Business Law Virtual Spring Meeting on Thursday, April 22 at 10:45 am CT.

For more information and to register, click here.

Alan Hochheiser is a principal at national business and financial services law firm Maurice Wutscher LLP, where he advises and represents businesses, regional and national banks, credit unions, equipment lessors and other lenders, as well as secured and unsecured creditors. Mr. Hochheiser chairs the ABA Business Law Section’s Consumer Bankruptcy Committee. He has been named to ALM’s list of Cleveland’s Top-Rated Lawyers and is peer-rated AV Preeminent by Martindale-Hubbell, the worldwide guide to lawyers.