Tag Archives: Bankruptcy

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

Kevin Hudspeth

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

alan hochheiser

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

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.

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.

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 Alan Hochheiser to Speak on Current State of Bankruptcy and Fraud Litigation

alan hochheiser

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 Attorneys to Speak on Bankruptcy, Compliance at RMAI Conference

Donald Maurice
alan hochheiser

Jan. 31, 2022 — Maurice Wutscher attorneys Alan Hochheiser and Donald Maurice will speak on bankruptcy, compliance, legislative, and regulatory matters impacting the receivables management industry at RMAI’s annual conference in Las Vegas Feb. 7-10.

Mr. Hochheiser will discuss the current state of bankruptcy litigation, including the interest, fees, and costs issues of FRBP 3001 and stay violations, and the status of proposed bankruptcy legislation.

Mr. Maurice will give a talk on ethics-driven compliance management and participate in a session reviewing new state and federal laws and regulations impacting the receivables management industry.

For more information about the Receivables Management Association International conference, 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.

Donald Maurice is outside counsel to RMAI. 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 and financial services companies nationwide in regulatory and compliance matters. He has been named to Thomson Reuters’s list of New Jersey Super Lawyers and is peer-rated AV Preeminent by Martindale-Hubbell, the worldwide guide to lawyers.