Author Archives: Maurice Wutscher

Maurice Wutscher’s Shannon Miller to Review Strategies for ARM Industry in Webinar

Dec. 13, 2017 — Maurice Wutscher attorney Shannon P. Miller will participate in a webinar on Dec. 19 discussing strategies to help collection agencies manage meritless lawsuits.

Presented by AccountsRecovery.net, Mr. Miller will join a panel of attorneys in examining recent rulings relevant to the accounts receivable management industry and how they may impact their operations. Register for the webinar here.

Mr. Miller is based in Maurice Wutscher’s Pennsylvania office where he focuses his practice on various aspects of financial services law, with an emphasis on consumer financial services litigation.

Maurice Wutscher Attorneys to Discuss Collection Law Compliance in CLE Seminar

Nov. 22, 2017 — Maurice Wutscher attorneys Thomas R. Dominczyk and Shannon P. Miller will be panel speakers in a one-day seminar focusing on compliance guidance for debt collectors on Dec. 7 in Philadelphia.

Presented by the National Business Institute, the seminar will cover all aspects of collections law including the latest developments with the FDCPA and TCPA; CFPB enforcement actions; locating assets, garnishing accounts and attaching liens; jurisdiction and venue issues; how bankruptcy affects collections; attorney’s fees; ethics matters and more.

Continuing legal education credits will be provided. For more information and to register, click here.

Alan Hochheiser to Speak on New Bankruptcy, Chapter 13 Rules in ABA Webinar 

Nov. 8, 2017 — Maurice Wutscher’s Alan C. Hochheiser will be among a panel of speakers presenting an ABA webinar Nov. 15 at noon, “The New Chapter 13 Plan: What Debtors and Creditors Need to Know.”

On Dec. 1, significant amendments to the Bankruptcy Code and Rules pertaining to the filing of proof of claims and the national Chapter 13 Plan go into effect. The amendments are critical to a chapter 13 debtor or creditor practice. Panelists will discuss the changes, what businesses must do to comply with the amendments and best practices.

The webinar is being presented by the ABA Business Law Section’s Consumer Bankruptcy Committee. For more information, click here.

Alan Hochheiser to Speak on Consumer Bankruptcy Law Developments in ABA Webinar 

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.

Maurice Wutscher Attorneys to Speak at Consumer Financial Services Conference in Texas

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.

Maurice Wutscher’s Alan Hochheiser, Donald Maurice to Speak at NABD Conference

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.

Maurice Wutscher’s Thomas R. Dominczyk Authors Article for Business Law Today

Oct. 6, 2017 — Maurice Wutscher attorney Thomas R. Dominczyk has published an article discussing the Bankruptcy Code and the Fair Debt Collection Practices Act in the September issue of Business Law Today.

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.

Maurice Wutscher’s Alan Hochheiser, Donald Maurice to Speak at ABA Business Law Meeting

Sept. 12, 2017 — Maurice Wutscher attorneys Alan Hochheiser and Donald Maurice will discuss consumer bankruptcy law as well as developments in debt collection at the ABA Business Law Section Annual Meeting in Chicago this week.

Alan Hochheiser will join a panel of experts including a bankruptcy judge from the Eastern District of New York in examining recent developments in consumer bankruptcy law. 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.

Donald Maurice will moderate a Consumer Financial Services Roundtable on newly enacted state laws, regulations and rules impacting the debt collection industry. The 2017 state legislative session brought new licensing schemes and new data and document requirements for debt collection. The roundtable will outline the active states, explore some of the most notable changes and discuss what may be in store for the 2018 legislative session.

These sessions are among more than 90 CLE business law programs as well as topical forums covering the latest business law issues to be offered at this year’s annual meeting.

Click here for more information.

Maurice Wutscher’s Donald Maurice to Speak at RMA International Executive Summit

July 31, 2017 — Maurice Wutscher attorney Donald Maurice will discuss successful, ethics-driven compliance management tactics for the receivables management industry at the RMA International Executive Summit in Lake Tahoe, Aug. 1-3.

In addition, Maurice will join a panel of speakers in reviewing federal and state legislative and regulatory developments impacting the receivables management industry and how RMA is responding. The panel will also discuss new debt buying laws in Colorado, Maine and Oregon.

Maurice provides counsel to the financial services industry, 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 counsels clients in regulatory matters and in the development and testing of compliance management systems. In addition to being a frequent speaker and author on consumer financial services law, he serves as legal counsel to Receivables Management Association and as chair of the ABA’s Debt Collection Practices and Bankruptcy Subcommittee, Business Law Section.

For more information and to see the agenda, click here.

Maurice Wutscher’s Donald Maurice Profiled in Business Law Today

June 29, 2017 — Maurice Wutscher financial services attorney Donald Maurice is profiled in the June issue of the American Bar Association’s newsletter Business Law Today.

In the Member Spotlight interview, Mr. Maurice discusses his work as a financial services attorney and in particular his work involving the issues leading up to and including the Supreme Court case Midland Funding, LLC v. Johnson. He also speaks to the challenges of running a firm, the ethical issues facing financial services attorneys and the advice he offers for attorneys just starting out.

“Attorneys hold themselves to such a high standard of moral and professional responsibility. I don’t know of any other profession that goes as far as what is required of us,” Mr. Maurice says. “[A]ttorneys strive not only to do their best work for each of their clients, but also … our job is to protect the integrity of our legal system.”

Mr. Maurice provides counsel to the financial services industry, 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 counsels clients in regulatory matters and in the development and testing of compliance management systems. In addition to being a frequent speaker and author on consumer financial services law, he serves as legal counsel to Receivables Management Association and as chair of the ABA’s Debt Collection Practices and Bankruptcy Subcommittee, Business Law Section.

Business Law Today is a web-based publication produced by the ABA’s Business Law Section. To view the article and hear an audio recording of the interview, click here.

Webinars to Parse SCOTUS Ruling on Debt Buyer FDCPA Liability Under Henson v. Santander

June 13, 2017 — Maurice Wutscher’s Donald Maurice will participate in two webinars tomorrow discussing debt buyer FDCPA liability under the U.S. Supreme Court’s June 12 ruling in Henson v. Santander Consumer USA Inc.

The Court held that a purchaser of a defaulted debt who then seeks to collect the debt for itself is not a “debt collector” subject to the federal Fair Debt Collection Practices Act (FDCPA).

On June 14 at 12 p.m. ET, Maurice will participate in a webinar offered by the American Bar Association’s Consumer Financial Services Committee and RMA International. To call in to the webinar, click here.

On June 14 at 1 p.m. ET, AccountsRecovery.net will present a webinar in which Maurice will join a panel of defense attorneys to discuss the ruling, what it means for the accounts receivable management industry and what its participants should consider as part of their operations. Register for the webinar here.

Alan Hochheiser, Donald Maurice to Speak on FDCPA Regulation of Bankruptcy in ABA Webinar Today

May 31, 2017 — Maurice Wutscher’s Alan C. Hochheiser and Donald Maurice will be among a panel of speakers presenting an ABA webinar today at noon, “A Look at FDCPA Regulation of Bankruptcy Practices after Midland Funding LLC v. Johnson.”

A recent Supreme Court decision found the federal Fair Debt Collection Practices Act was not violated by a debt collector’s filing of a proof of claim for a debt subject to an expired limitations period. But the decision did not find that the FDCPA is precluded by the Bankruptcy Code.

The webinar will explore the decision and examine whether FDCPA risks still remain for bankruptcy practices. Panelists will discuss what may occur with existing cases that were stayed and what to look for moving forward.

The webinar is being presented by the ABA Business Law Section’s Consumer Bankruptcy Committee. For more information, click here.