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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].

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

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.

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

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

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

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

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

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.

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

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 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.

Maurice Wutscher’s Shannon Miller Discusses New Guidance to Data Furnishers on How to Handle Medical Debt in Westlaw Today

April 1, 2022 — Maurice Wutscher attorney Shannon P. Miller has published an article, “Credit reporting agencies begin to roll out guidance to data furnishers on how to treat, report medical debt,” on Thomson Reuters Westlaw Today.

In the article, Mr. Miller discusses the guidance the three major credit reporting agencies are providing to data furnishers on how they should handle medical debt.

“As the [credit reporting agencies] have changed their policies and procedures, so too must the industry. Be sure that your compliance team is adjusting your policies and procedures regarding how medical debt is treated and data thereon furnished to be consistent with the … new directives. Furnishing data inconsistent with the … directives may potentially lead to consumer claims against such furnishers as well as consequences from the [agencies],” 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 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 Shannon Miller Discusses Credit Reporting Agencies’ New Policy on Treating Medical Debt in Westlaw Today

March 29, 2022 — Maurice Wutscher attorney Shannon P. Miller has published an article, “Seeing medical debt in a new light, credit reporting agencies announce major change in how they will treat, report medical debt,” on Thomson Reuters Westlaw Today.

In the article, Mr. Miller discusses a statement from the three major credit reporting agencies that they are changing the way they will treat medical debt, with some of the changes to take effect this summer.

“Significantly, starting July 1, 2022, defaulted medical debt placed for collections and which has subsequently been paid will no longer be included in a consumer credit report issued by the three nationwide consumer reporting agencies…, diverging from what is permitted under the federal Fair Credit Reporting Act, 15 U.S.C. § 1681c, which allows for delinquent accounts to be reported for up to seven years, whether it has been paid or not,” 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 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 to Speak on Current State of Bankruptcy and Fraud Litigation

March 15, 2022 — Maurice Wutscher bankruptcy practitioner Alan Hochheiser will speak on the current state of bankruptcy and fraud litigation on March 24 in Newark, Ohio.

In his talk at the annual training conference of the Ohio Council on Welfare Fraud, Mr. Hochheiser will review the current state of bankruptcy filings and what to expect moving forward, provide solutions for recovery in bankruptcy proceedings, and discuss current litigation involving non-dischargeable issues for fraud and conversion.

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.