Category Archives: News

Maurice Wutscher’s Alan Hochheiser Outlines Current Issues in Consumer Bankruptcy Law in Business Law Today

alan hochheiser

Sept. 14, 2022 — Maurice Wutscher bankruptcy practitioner Alan Hochheiser takes a closer look at the most pertinent issues in consumer bankruptcy law today in a recent article for the American Bar Association’s news magazine Business Law Today.

In “Current Issues in Consumer Bankruptcy Law,” he explains that bankruptcy filings in 2021 dropped to its lowest number since 1984 due to the pandemic. However, he writes, “The recent increase in interest rates by the Federal Reserve could have an impact on the number of bankruptcy filings. Borrowers who have adjustable rates will see their monthly payments increase. This effect, coupled with rising prices and supply chain issues, may cause consumers to look to bankruptcy to reorganize or seek a fresh start.”

Mr. Hochheiser also discusses the impacts of the Small Business Reorganization Act and the Paycheck Protection Program on commercial filings and sums up recent case law activity regarding automatic stay violations, Chapter 13 dismissals, and itemizations in proofs of claim.

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.

Litigation Attorney Jacob VanAusdall Joins Maurice Wutscher in Tennessee

Jake VanAusdall

Sept. 12, 2022 — National business and financial services law firm Maurice Wutscher LLP has added Tennessee attorney Jacob “Jake” VanAusdall to practice in the firm’s Consumer Credit Litigation and Commercial Litigation groups where he will predominantly represent financial institutions.

He also has substantial litigation experience representing clients involved in intellectual property, construction, contract, and business disputes. Before joining Maurice Wutscher, he worked for a boutique civil litigation firm in the Nashville, Tennessee area where he represented individuals and businesses in a wide variety of litigation and transactional matters.

Mr. VanAusdall has been recognized as a “Mid-South Super Lawyers – Rising Star” in the area of Business Litigation (2018-2022), and is a former member of the Tennessee John Marshall American Inn of Court.

He earned his Juris Doctor from Tulane University School of Law, and his Bachelor of the Arts from the University of Mississippi. He is admitted to practice law in Tennessee and in the U.S. District Courts for the Western, Middle, and Eastern Districts of Tennessee.

Mr. VanAusdall joins Maurice Wutscher’s skilled team of litigators who handle appellate matters, business formation and transactions, class action litigation, commercial, construction, consumer credit and employment litigation, contested bankruptcies and foreclosures, data privacy and security law and compliance, insurance recovery and advisory services, intellectual property litigation, regulatory compliance, and trials and evidentiary hearings from offices throughout the United States.

Jake VanAusdall may be reached at (615) 274-8717 or via email at [email protected]

Maurice Wutscher’s Alan Hochheiser to Speak on Bankruptcy Appellate Case Law at ABA Business Law Hybrid Section Annual Meeting

alan hochheiser

Sept. 8, 2022 — Maurice Wutscher bankruptcy practitioner Alan Hochheiser, chair of the ABA Business Law Section’s Consumer Bankruptcy Committee, will speak on recent developments in bankruptcy appellate case law during the ABA Business Law Hybrid Section Annual Meeting on Friday, Sept. 16, at 8 am ET.

The meeting will be presented Sept. 15-17 in Washington, D.C. and also online for those who opt to attend 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.

Maurice Wutscher’s Brady Hermann Quoted About Broker Defamation Suits Over U5 Language

Aug. 30, 2022 ­— Maurice Wutscher attorney Brady Hermann was quoted in a recent AdvisorHub article about an increase in defamation claims brought by advisors against firms for language they used on the departing advisor’s Form U5.

Firms must file a U5 notice with the Financial Industry Regulatory Authority and must report on the form the reason a broker has left.

According to AdvisorHub, firms are steering away from hiring brokers who have been reported as “discharged,” causing brokers to go through litigation.

“Defamation claims, in particular, have increased significantly,” Mr. Hermann told AdvisorHub.

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.

Webinar: Maurice Wutscher’s Alan Hochheiser to Discuss Preference Actions in Bankruptcy

alan hochheiser

Aug. 25, 2022 — Maurice Wutscher bankruptcy practitioner Alan Hochheiser will discuss a bankruptcy trustee’s pre-filing obligations under Section 547(b) of the Bankruptcy Code during a Strafford webinar Wednesday, Aug. 31 at 1 pm ET.

This 90-minute CLE course will examine current developments about the trustee’s pre-filing due diligence requirements in Section 547(b), which was amended by the Small Business Reorganization Act of 2019 (SBRA) to subject a trustee’s exercise of preference avoidance powers to two requirements before filing suit.

Some case law has developed but controversy still exists regarding what these elements require a trustee to do. The Bankruptcy Code does not define “reasonable due diligence in the circumstances of the case” nor what it means to take “into account a party’s known or reasonably knowable affirmative defenses.”

Mr. Hochheiser will join a panel in reviewing the current state of the law, identify divergent approaches, and offer best practices and options in this continually developing area.

To register for “Preference Actions: Clarifying the Trustee’s Pre-Filing Due Diligence,” 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 currently serves as chair of 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 Alan Hochheiser to Examine Current Trends in Bankruptcy Litigation

alan hochheiser

Aug. 23, 2022 — Maurice Wutscher bankruptcy practitioner Alan Hochheiser will provide an update on the latest trends in bankruptcy litigation and how those trends are impacting financial services companies during an RMAI webinar Tuesday, Aug. 30 at 9 am PT/12 noon ET.

Mr. Hochheiser and the webinar panel will discuss the latest bankruptcy filing statistics and projections as well as the status of proof of claim litigation and the request for attorney fees. The panel, which will include a U.S. Bankruptcy Court judge and a Chapter 13 trustee, will also discuss the fallout from the U.S. Supreme Court’s ruling in City of Chicago v. Fulton and the subsequent circuit and bankruptcy court rulings, which could affect the assets of the estate.

To register for the Receivables Management Association International webinar, 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 currently serves as chair of 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, Brent Yarborough to Discuss Safeguards Rule Compliance at ACA Int’l Convention

Brent Yarborough
Donald Maurice

July 18, 2022 — Maurice Wutscher attorneys Donald Maurice and Brent Yarborough will demonstrate how small and medium enterprises can economically undertake the necessary steps to come into compliance with the new requirements of the Safeguards Rule at the ACA International Convention & Expo on July 21 in Orlando.

Companies engaged in consumer debt collection have until Dec. 9 to align their data protection programs with recent regulatory amendments to the Safeguards Rule. The rule, first promulgated in 2002 under the Gramm-Leach-Bliley Act, regulates the data privacy practices of financial institutions, which covers debt collectors and debt buyers as well as originating creditors.

In “Get Your Company Ready Today for the New Safeguards Rule,” the panelists will review the procedures and controls covered entities and their vendors must implement to be in compliance. Also joining the panel will be Fred Langston of Critical Insight, Inc.

For more information and to register, 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, healthcare and financial services companies nationwide in regulatory and compliance matters.

Brent Yarborough is a principal at Maurice Wutscher LLP. He focuses his practice on regulatory compliance and the defense of consumer law claims, representing financial institutions, debt buyers, and law firms.

Maurice Wutscher’s Shannon Miller, Keith Wier to Discuss Developments in Medical Debt at ACA International Convention

Keith Wier
Shannon Miller

July 18, 2022 — Maurice Wutscher attorneys Shannon P. Miller and Keith Wier will discuss the latest policy and regulatory developments in the treatment and reporting of medical debt at the ACA International Convention & Expo on July 21 in Orlando.

In their talk, “The CFPB’s Focus on Medical Debt and the Credit Reporting Agencies’ Response: What You Need to Know,” the speakers will explore in-depth both the Consumer Financial Protection Bureau’s recent report on medical debt as well as the credit reporting agencies’ proposed policy changes, what impact they will have on the accounts receivable management industry and how industry members should use this information.

For more information and to register, click here.

Shannon P. Miller is a principal attorney 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. He has successfully represented healthcare and financial institutions and law firms across the country for claims filed under the Fair Debt Collection Practices Act, Fair Credit Reporting Act, and various state consumer protection statutes.

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. He has substantial experience defending collection agencies, law firms, debt buyers, and creditors in consumer litigation in Texas and is certified as a specialist in Consumer and Commercial Law by the Texas Board of Legal Specialization.

Maurice Wutscher’s Shannon Miller Quoted in Forbes Advisor About Medical Debt

Shannon Miller

July 7, 2022 — Maurice Wutscher attorney Shannon P. Miller was quoted recently in the Forbes Advisor article “Medical Debt: Everything You Need To Know.”

In the article, Mr. Miller explains what medical debt is and how consumers can work with debt collectors to address their outstanding debts.

“Many times, the debt collector may have authority to settle the balance you owe for less than the full amount and/or offer repayment options that include paying a nominal monthly amount until the balance is satisfied,” he said.

To read the full article, click here.

Shannon P. Miller is a principal attorney 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. He has successfully represented healthcare and financial institutions and law firms across the country for claims filed under the Fair Debt Collection Practices Act, Fair Credit Reporting Act, and various state consumer protection statutes.

Webinar: Maurice Wutscher’s Brent Yarborough to Discuss Recent Topics in Collection Compliance

Brent Yarborough

June 25, 2022 — Maurice Wutscher financial services attorney Brent Yarborough will discuss recent topics in collection compliance during the AccountsRecovery.net webinar series The Talk-Off on Friday, July 1 at 1 pm ET.

The Talk-Off series delivers a lively panel discussion of timely topics relevant to the accounts receivable management industry.

To register for the complimentary 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’s Brady Hermann Discusses Compliance Concerns Over Brokers’ Excessive Trading in Own Accounts

May 6, 2022 ­— Maurice Wutscher attorney Brady Hermann spoke to AdvisorHub recently about the termination of a broker for excessive trading in his personal account and why brokers who trade frequently in their own accounts should tread carefully.

The Financial Industry Regulatory Authority requires firms to keep track of brokers’ trading as a way of protecting clients’ interests.

Mr. Hermann said compliance departments are paying attention to what financial advisors do in their personal accounts, looking for potential red flags that could lead to harmful conduct in client accounts. This is especially true if a broker is on heightened supervision.

“When brokers are on this heightened supervision, they have, obviously, a set of rules that they have to follow, and then if they break it, they typically get fired,” Mr. Hermann told AdvisorHub.

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.

Maurice Wutscher’s Donald Maurice Named 2022 Super Lawyer

April 6, 2022 — 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 regent 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.