Tag Archives: Compliance

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.

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.

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 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 Attorneys to Speak on Bankruptcy, Compliance at RMAI Conference

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.

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.

Webinar: Maurice Wutscher’s Alan Hochheiser to Speak on Collecting From Consumers in Bankruptcy

Jan. 24, 2022 — Maurice Wutscher bankruptcy practitioner Alan Hochheiser will share his insight on what creditors should do when faced with collecting from consumers who have filed for bankruptcy protection during a webinar Thursday, Jan. 27 at 1 pm ET.

Successfully navigating the compliance issues that arise when dealing with bankruptcy cases can offer significant benefits to companies in the accounts receivable management industry. In this webinar, Mr. Hochheiser will join a panel of legal and compliance practitioners as they walk through everything companies need to know when consumers file for bankruptcy protection.

“What You Need to Know About Consumers Who Have Filed for Bankruptcy Protection” is being presented by AccountsRecovery.net. To register for the complimentary webinar, click here.

Webinar: Maurice Wutscher’s Donald Maurice to Discuss NY State’s New Consumer Credit Laws

Jan. 4, 2022 — Maurice Wutscher attorney Donald Maurice will join a panel in examining new consumer credit laws passed by the New York Legislature in 2021 during an RMAI webinar Wednesday, Jan. 5, at 12 pm ET.

The panel will take a closer look at the new laws and their impact on the receivables management industry and discuss what legislative and regulatory changes may be coming in 2022.

To register for the Receivables Management Association International 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’s Donald Maurice Speaks to MarketWatch About Post-Judgment Interest on Debt

Dec. 16, 2021 — Maurice Wutscher partner Donald Maurice was quoted in a recent MarketWatch article about post-judgment interest rates on outstanding debt owed by consumers.

Mr. Maurice, who is legal counsel for Receivables Management Association International, said RMAI’s members “don’t sit on judgments and any interest that would accrue on them during the intervening period wouldn’t offset collection costs.”

“’Persons who have judgments against them are financially distressed, the problem is not trying to collect more on the judgment, the problem is trying to collect any amount,’ he said. ‘It just doesn’t make sense that anyone who is practicing good compliant business practices is going to want to sit on judgments to accrue interest.’”

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’s Jessica Lesser, Keith Wier to Discuss Consumer Debt Lawsuits at ACA International Fall Forum

Oct. 29, 2021 — Maurice Wutscher attorneys Jessica Lesser and Keith Wier will discuss consumer debt lawsuits at the ACA International Fall Forum on Nov. 4 in Chicago.

In their talk, “Debt Defense – A View From The Other Side,” Ms. Lesser and Mr. Wier will give an insider’s perspective into how debt suits are defended by consumer attorneys. Their presentation will include practical tips for collection law firms, ethical considerations, and compliance education.

For more information and to register, click here.

Jessica Lesser is a proven civil trial attorney with expertise in the regulatory framework of consumer finance, lending, and technology. A former managing attorney in the Consumer Protection Division of the Office of the Attorney General of Texas, she has two decades of litigation and regulatory compliance experience and is board certified in consumer and commercial law.

Webinar: Maurice Wutscher’s Alan Hochheiser to Speak on Current Trends in Bankruptcy Litigation

Oct. 14, 2021 — Maurice Wutscher bankruptcy practitioner Alan Hochheiser will speak on current trends in bankruptcy litigation and how those trends are impacting financial services companies during an RMAI webinar Wednesday, Oct. 20 at 12 pm ET.

The pandemic has brought about significant changes in debt collection and purchasing. In the midst of new regulatory expectations, new consumer protections, and new laws, what does this mean for consumer bankruptcy patterns? Will there be more filings and increased litigation? Mr. Hochheiser will join a panel in exploring these and other key compliance issues.

To register for the Receivables Management Association International webinar, click here.