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.

Webinar: Maurice Wutscher’s Brent Yarborough to Discuss Regulation F and Strategies to Mitigate Risk Under the Rule

April 12, 2021 — Maurice Wutscher attorney Brent Yarborough will participate in a panel discussion of Regulation F, the CFPB’s Debt Collection Practices final rule, and how companies can mitigate risk under the rule during a webinar April 16 at 1 pm ET.

Under Regulation F, collection agencies are required to do many things that are “substantially similar” to what the CFPB lays out in the rule. But what does “substantially similar” mean and how are the courts likely to define it?

In this webinar, the panel will share their insights into how “substantially similar” is likely to be defined and how agencies can proactively fight potential lawsuits.

“Why Reg F is Going to Mean More ‘Substantially Similar’ Litigation” is being presented by AccountsRecovery.net. To register for the free webinar, click here.

Brent Yarborough is a principal at Maurice Wutscher LLP. He focuses his practice on regulatory compliance and the defense of consumer law claims.

Maurice Wutscher Launches ‘Bankruptcy & Beyond’ Podcast

alan hochheiser

April 7, 2021 — National business and financial services law firm Maurice Wutscher LLP has launched a new podcast series “Bankruptcy & Beyond” to discuss current bankruptcy trends facing both consumers and companies in the United States. Hosting the podcast is Maurice Wutscher principal Alan Hochheiser, a leading practitioner in the areas of creditors’ rights and bankruptcy law.

The first episode, Bankruptcy in the Age of Covid-19, discusses filing trends, legislation, and what to look for in 2021.

“2020 is a year to be remembered in bankruptcy law. The year started with an eye on increasing the ability of small businesses to utilize the Chapter 11 process in a more efficient and less expensive way. This led to a record number of Chapter 11 filings, a reduction in consumer filings, and a real test of the bankruptcy system. What will 2021 look like?” Mr. Hochheiser prefaces.

Alan Hochheiser 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.

Maurice Wutscher’s Donald Maurice Named 2021 Super Lawyer

April 2, 2021 — Donald Maurice, a partner at national business and financial services law firm Maurice Wutscher LLP, has been named a New Jersey Super Lawyer in the area of Class Action & Mass Torts.

Each year, only five percent of the lawyers in the state receive this honor. Super Lawyers is a Thomson Reuters rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.

Mr. Maurice provides counsel to businesses and financial services companies, successfully litigating matters in state and federal courts in individual and class actions. He has argued before various U.S. Circuit Courts of Appeals, and has been retained as counsel for amicus curiae in the U.S. Supreme Court and in the U.S. Circuit Courts of Appeals.

He also counsels clients in data privacy and other regulatory compliance matters and provides advice and counsel to attorneys in matters of professional responsibility and attorney ethics.

In addition to being a frequent speaker and author on consumer financial services law, he is outside counsel to Receivables Management Association International. He is a fellow of the American College of Consumer Financial Services Lawyers, a fellow of the ABA’s American Bar Foundation and a former chair of the ABA’s Debt Collection Practices and Bankruptcy Subcommittee, Business Law Section.

Mr. Maurice is rated AV Preeminent, the highest rating given by Martindale-Hubbell, the worldwide guide to lawyers. A description of the selection methodology can be found at www.martindale.com/ratings-and-reviews/.

This communication is published by the law firm Maurice Wutscher LLP and may be considered attorney advertising under the ethical rules of certain jurisdictions. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.