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Category Archives: News

Webinar: Maurice Wutscher’s Alan Hochheiser to Discuss Best Practices in Consumer Bankruptcy Matters

Jan. 20, 2023 — Maurice Wutscher bankruptcy practitioner Alan Hochheiser will discuss best practices for the accounts receivable management industry concerning consumers who have filed for bankruptcy protection during a webinar Thursday, Jan 26, at 1 pm ET.

In this webinar, Mr. Hochheiser and panel will break down what creditors and collectors need to know about consumers and bankruptcy.

“What You Need to Know About Consumers and Bankruptcy” is being presented by AccountsRecovery.net. To register for the complimentary 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. 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 Shannon Miller Takes a Closer Look at Medical Debt and How It Is Being Regulated in Westlaw Today

Jan. 17, 2023 — Maurice Wutscher attorney Shannon P. Miller has published an article, “Regulating medical debt collection: A 2022 review and look ahead,” on Thomson Reuters Westlaw Today.

In the article, Mr. Miller discusses the record amounts of medical debt created by the COVID-19 pandemic. That coupled with “flaws in how medical services are billed and what understanding consumers have of their financial responsibility for these services” led to more regulatory activity of medical debt in 2022.

“Last year saw an influx of federal and state regulation aimed at what information must be conveyed to consumers in anticipation of the provision of medical services as well as restrictions on the collection of medical debt. Expect more activity in 2023,” he writes.

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.

Maurice Wutscher’s Alan Hochheiser Sums Up 2022’s Top Trends in Bankruptcy Law for Law360

Jan. 12, 2023 — Maurice Wutscher bankruptcy practitioner Alan Hochheiser sums up the top trends in bankruptcy law during 2022 and looks ahead to what 2023 may hold in an expert analysis article for Law360.

In “Takeaways From 2022’s Top Bankruptcy Trends,” Mr. Hochheiser explains that despite fewer overall bankruptcies registered, 2022 saw an increase in novel bankruptcy litigation issues in both consumer and commercial matters, particularly regarding procedures, stay violations, new options, and student loan discharge.

Webinar: Maurice Wutscher’s Donald Maurice to Discuss New York’s Proposed Amendment to Debt Collection Regulation

Jan. 4, 2023 — Maurice Wutscher attorney Donald Maurice will discuss the New York Department of Financial Services’ updated proposal for new debt collection rules during a webinar Friday, Jan. 6 at 3 pm ET.

The amendment, while still open for comment, has a number of new wrinkles and provisions that could change the process through which debts are collected in New York.

In this webinar, Mr. Maurice and panel will walk through the proposed changes and discuss next steps for creditors and collectors.

“Understanding the New New York Debt Collection Proposed Rules” is being presented by AccountsRecovery.net. To register for the complimentary 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.

Maurice Wutscher Bankruptcy Attorney Alan Hochheiser Named 2023 Superlawyer

Jan. 4, 2023 — Alan Hochheiser, a leading bankruptcy practitioner at national business and financial services law firm Maurice Wutscher LLP, has been named an Ohio Super Lawyer in the areas of Business Bankruptcy and Consumer Bankruptcy.

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. Hochheiser advises and represents businesses, regional and national banks, credit unions, equipment lessors and other lenders, as well as secured and unsecured creditors.

Among his accomplishments, he has successfully resolved non-dischargeable claims based upon fraud conversion and breach of fiduciary issues and has successfully handled the assumption of leases in the bankruptcy of a major airline.

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 Discusses Fifth Circuit Ruling on CFPB Funding in Westlaw Today

Nov. 4, 2022 — Maurice Wutscher attorney Donald Maurice has published an article, “After Fifth Circuit Ruling Get Ready for More Challenges to CFPB Authority, Is Reg F Next?,” on Thomson Reuters Westlaw Today.

In the article, Mr. Maurice discusses an important decision from the Fifth Circuit, Community Financial Association of America v. CFPB, which has cast doubt on the validity of the CFPB’s rulemaking and enforcement activities.

“The ruling poses a difficult challenge for the CFPB. Unlike the U.S. Supreme Court’s decision in Seila Law, no easy fix may be available to preserve CFPB activity undertaken during the period of unconstitutional funding, at least in the Fifth Circuit. The decision’s reasoning suggests it is not at all possible to “sever” the funding scheme as a possible fix that would preserve the Bureau’s prior activities,” he writes.

To read the full article, click here.

Donald Maurice is a principal attorney at Maurice Wutshcer LLP, where he 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.

Maurice Wutscher’s Shannon Miller, Keith Wier to Speak on Medical Debt Regulation at ACA Int’l 2022 Fall Forum

Oct. 25, 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 and how to remain compliant at ACA International’s 2022 Fall Forum on Nov. 4 in Chicago.

In their talk, “Medical Debt and the Ever-Changing Regulatory Landscape,” the speakers will examine the recently enacted No Surprises Act as well as new state laws and regulations targeting medical debt collections and the CFPB’s position on medical debt collection and credit reporting. They also will discuss how the CRAs have modified their policies in response to the CFPB’s guidance and how these changes may affect an agency’s ability to stay compliant with collections and reporting of medical debt.

For more information and to register 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. 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, Keith Wier Discuss Developments in Medical Debt at Southwest ACA Conference & Expo

Oct. 12, 2022 — Maurice Wutscher attorneys Shannon P. Miller and Keith Wier discussed the latest policy and regulatory developments in the treatment and reporting of medical debt at the 2022 Annual Southwest ACA Conference & Expo on Oct. 11 in Dallas-Fort Worth.

In their talk, “Medical Debt and the Ever-Changing Regulatory Landscape,” the speakers examined the recently enacted No Surprises Act as well as new state laws and regulations targeting medical debt collections and the CFPB’s position on medical debt collection and credit reporting. They also discussed how the CRAs have modified their policies in response to the CFPB’s guidance and how these changes may affect an agency’s ability to stay compliant with collections and reporting of medical debt.

Webinar: Maurice Wutscher’s Kevin Hudspeth to Discuss Assignment of Rents Enforcement After a Commercial Mortgage Default

Oct. 11, 2022 — Maurice Wutscher attorney Kevin Hudspeth will be speaking in an upcoming Strafford live video webinar, Assignment of Rents Enforcement After a Default: Receivership, Foreclosure, and Bankruptcy Issues on Tuesday, Oct. 25, from 1 pm – 2:30 pm ET. The program is eligible in most states for 1.5 CLE credits.

Mr. Hudspeth will join a panel in discussing the different approaches that state and bankruptcy courts have taken to the exercise of assignment of rent remedies and how those approaches should inform the drafting of an assignment of rents and leases document in a commercial mortgage transaction.

After the presentation, the speakers will engage in a live question and answer session with attendees.

To register to attend the program at half off click here. Or call 1-800-926-7926 and ask for Assignment of Rents Enforcement on 10/25/2022 with promo code ZDFCA.

Kevin Hudspeth is a principal at national business and financial services law firm Maurice Wutscher LLP. He has substantial litigation experience in federal and state courts across the country, predominantly related to consumer protection claims, real estate issues, commercial business disputes, Uniform Commercial Code litigation, loan repurchase litigation, and contested foreclosures. He has handled and overseen cases at all levels, including federal appeals, class action lawsuits, and complicated trial level matters involving complex facts or difficult legal questions. He has also drafted amicus briefs for industry trade associations filed in the U.S. Supreme Court and the Eighth Circuit Court of Appeals. Mr. Hudspeth is a former Assistant Attorney General with the Office of the Illinois Attorney General.

Maurice Wutscher’s Alan Hochheiser Speaks to Lawyer Monthly About the State of Bankruptcy and Fraud Litigation in 2022

Sept. 28, 2022 — Maurice Wutscher bankruptcy practitioner Alan Hochheiser recently spoke to Lawyer Monthly about the state of bankruptcy and fraud litigation in 2022.

In the article, Mr. Hochheiser explains that following a pandemic-induced shake-up in business practices and solvency, the future for creditors remains uncertain. Discussing how bankruptcy and fraud litigation is developing in the lead-up to 2023, he examines what trends are emerging and what questions remain.

“The current state of bankruptcy litigation is different from what we have seen in the past. As a bankruptcy practitioner for over 30 years, I have seen several highs and lows in the number of bankruptcy filings. In 2021, bankruptcy filings were at their lowest levels since the mid-1980s. There were fewer than 400,000 filings nationally. Through the first half of 2022, filings have remained stagnant. What we can project for the rest of 2022 and into 2023 will depend on many factors, including the state of the economy, interest rates, the job market, the availability of credit, and bankruptcy legislation,” he explains.

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

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.

Litigation Attorney Jacob VanAusdall Joins Maurice Wutscher in Tennessee

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].