3rd Cir. Holds Bankruptcy Amendments Did Not Overrule ‘Willfulness’ Defense to Automatic Stay Violations
9th Cir. Holds McGill Rule Did Not Bar Arbitration, Rejects Recent Contrary State Appellate Court Rulings
Maurice Wutscher’s Alan Hochheiser to Moderate Panel on Bankruptcy Appellate Case Law at ABA Business Law Virtual Section Annual Meeting
Sept. 13, 2021 — Maurice Wutscher bankruptcy practitioner Alan Hochheiser, chair of the ABA Business Law Section’s Consumer Bankruptcy Committee, will moderate a panel discussion on recent developments in bankruptcy appellate case law during the ABA Business Law Virtual Section Annual Meeting on Thursday, Sept. 23, at 1:45 pm CT.
The three-day meeting will be presented virtually. 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. 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.
Sept. 7, 2021 — Maurice Wutscher attorney Brady Hermann is quoted in an AdvisorHub article regarding a reluctance among lawyers to use Zoom in Finra arbitration hearings.
From the beginning of the pandemic in March 2020 through July 31, 2021, data from the Financial Industry Regulatory Authority show that in 57%, or 453, of the 792 cases in arbitration, one of the parties objected to having the hearing on Zoom, opting to delay until in-person hearings resumed.
Finra resumed in-person hearings on Aug. 2 but still gives the option for a Zoom hearing if both parties agree.
Mr. Hermann, who represents broker-dealers at Finra arbitration, said “[m]ost parties are not going to be in favor of it.”
“Over Zoom, attorneys find it difficult to read body language, to make sure everyone’s paying as close attention as they should,” he said. “It makes it a little bit more difficult, making sure everybody’s looking at the right exhibit or the right section of each exhibit.”
Brady Hermann is senior counsel in the Boston and New York offices of Maurice Wutscher LLP. He regularly represents financial services companies including banks, broker-dealers, financial advisors, financial asset buyers and third party debt collectors in individual, class action and regulatory matters. He has successfully represented clients throughout the country against claims for violations of securities laws, the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, the Fair Credit Reporting Act, and various state consumer protection statutes.
7th Cir. Holds FDCPA ‘Debt Validation Notice’ and ‘Caller Identification’ Issues Not Enough for Standing
Sept. 2, 2021 — Maurice Wutscher attorney Donald Maurice will join a panel in examining changes to legislation passed by the District of Columbia City Council in July to amend its debt collection law during an RMAI webinar Friday, Sept. 3 at 12 pm ET.
The District of Columbia’s debt collection legislation becomes effective Sept. 23 and imposes significant requirements for data and documentation as well as restrictions on consumer contact. The legislation has undergone substantive changes since it was introduced in July.
The panelists, including Mark Naiman of Absolute Resolutions Corp. and Franci Wayland of PRA Group, will discuss the latest changes and amendments to the legislation and potential compliance strategies companies can implement to address these changes.
To register for the Receivables Management Association International webinar, click here.
Donald Maurice represents the financial services industry, successfully litigating matters in appellate and trial courts throughout the country in individual and class actions and guiding businesses, trade associations and financial services companies nationwide in regulatory and compliance matters.