Tag Archives: bankruptcy law

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.

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 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.

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.

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.

Maurice Wutscher’s Alan Hochheiser Explains Bankruptcy Process, Options

April 27, 2021 — Maurice Wutscher bankruptcy practitioner Alan Hochheiser discusses the bankruptcy process in a recent Cleveland Jewish News article and whether a consumer or business should consider filing or first attempt a workout.

While bankruptcy can give debtors and troubled businesses a fresh start, Mr. Hochheiser advises parties to communicate with creditors first.

“Reach out, try to come up with a repayment program so you don’t need to file bankruptcy. Especially with the COVID pandemic going on, creditors are more apt to look to work out situations,” Mr. Hochheiser says.

Maurice Wutscher’s Alan Hochheiser to Speak on Bankruptcy Developments During the Pandemic at ABA Business Law Virtual Spring Meeting

April 14, 2021 — Maurice Wutscher bankruptcy practitioner Alan Hochheiser will moderate a virtual panel discussion on consumer bankruptcy developments during the Covid-19 pandemic during the ABA Business Law Virtual Spring Meeting on Thursday, April 22 at 10:45 am CT.

For more information and to register, click here.

Maurice Wutscher’s Alan Hochheiser to Discuss Creative Execution Strategies to Collect Aug. 28 on VoiceAmerica

Aug. 26, 2019 — Maurice Wutscher bankruptcy authority Alan Hochheiser will discuss creative execution strategies for collecting on your judgments on Aug. 28 at 7 PM ET on VoiceAmerica Business Channel.

During the internet radio program, Mr. Hochheiser will examine various strategies to getting paid involving mortgages, creditors’ bills, collateral and the Uniform Commercial Code, fraudulent conveyances, real estate foreclosures, and trusts.

Maurice Wutscher’s Alan Hochheiser to Discuss Effective Judgment Enforcement Aug. 21 on VoiceAmerica

Aug. 19, 2019 — Maurice Wutscher bankruptcy authority Alan Hochheiser will discuss effective judgment enforcement on Aug. 21 at 7 PM ET on VoiceAmerica Business Channel.

During the internet radio program, Mr. Hochheiser will explain basic judgment execution strategies to getting paid including how to obtain information about a debtor’s assets to find additional sources of recovery and various strategies that can be used to uncover those assets.

Maurice Wutscher’s Alan Hochheiser to Speak at NIADA/NABD Convention

May 24, 2019 — Maurice Wutscher attorney Alan Hochheiser will discuss current trends in bankruptcy filings and strategies to avoid litigation at the NIADA/NABD Convention & Expo in Las Vegas on June 19.

In Mr. Hochheiser’s breakout session — Seeing an Increase in Bankruptcy Filings? How to Prosper, Avoid Sanctions and Do It Right — he will explain what to do when a customer files bankruptcy and how to properly handle bankruptcy matters.

The conference is presented by the National Independent Automobile Dealers Association and the National Alliance of Buy Here, Pay Here Dealers. For more information and to register, click here.

Maurice Wutscher’s Alan Hochheiser to Discuss Clawback Actions in Bankruptcy at ABA Business Law Meeting

March 6, 2019 — Maurice Wutscher attorney Alan Hochheiser will discuss clawback actions in bankruptcy proceedings at the ABA Business Law Section Spring Meeting in Vancouver on March 29.

The session, “Avoidance Updates: Fraudulent Conveyances, Preferences, and Unauthorized Post-Petition Transfers,” will review recent case law addressing the recovery and defense of fraudulent conveyance and preference actions in chapter 7 and chapter 11 bankruptcy proceedings. Panelists will also address Ponzi scheme actions and how the courts are viewing transfers made in those cases.

Click here for more information.

Maurice Wutscher’s Alan Hochheiser to Review Year’s Key Bankruptcy Decisions in ABA Webinar

Jan. 7, 2019 — Maurice Wutscher attorney Alan C. Hochheiser will moderate an ABA webinar on Dec. 11, at noon ET, “Caselaw Updates: Federal Appellate Bankruptcy Decisions for 2017-2018.”

Panelists, including U.S. Bankruptcy Judge Jean FitzSimon, will discuss bankruptcy decisions of note issued from July 2017 through July 2018 by the U.S. Supreme Court, all federal courts of appeal, and all bankruptcy appellate panels.

The webinar is being presented by the ABA Business Law Section’s Consumer Bankruptcy Committee and Business Bankruptcy Committee.

For more information, click here.

Maurice Wutscher’s Alan Hochheiser to Discuss New Value Defense in Bankruptcy in ABA Webinar

Nov. 20, 2018 — Maurice Wutscher attorney Alan C. Hochheiser will be among a panel of speakers presenting an ABA webinar Nov. 28, at noon ET, “The 11th Circuit Court of Appeals Weighs In On New Value Preference Defense – Kaye v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC)”.

Panelists will discuss the basics of preference avoidance actions under section 547 of the Bankruptcy Code and then focus on the 11th Circuit’s Blue Bell decision addressing whether the new value defense under section 547(c)(4) of the Bankruptcy Code requires that the new value remain unpaid.

The webinar is being presented by the ABA Business Law Section’s Consumer Bankruptcy Committee and Business Bankruptcy Committee.

For more information, click here.