Tag Archives: consumer bankruptcy

Maurice Wutscher’s Alan Hochheiser, Donald Maurice to Present at ABA Business Law Meeting

Sept. 10, 2018 — Maurice Wutscher attorneys Alan Hochheiser and Donald Maurice will discuss consumer bankruptcy law and give guidance to financial services companies at the ABA Business Law Section Annual Meeting in Austin this week.

Alan Hochheiser will moderate a panel review of federal appellate bankruptcy decisions over the last year. The session will provide analysis of the caselaw and guidance for business lawyers in their dealings with consumer debtors.

Donald Maurice will discuss the unique issues of the pro se bankruptcy debtor and best practices financial services companies should use in their interactions with them.

These sessions are among more than 80 CLE business law programs as well as topical forums covering the latest business law issues to be offered at this year’s annual meeting.

Click here for more information.

The Least Sophisticated Podcast Delves Into Bankruptcy Law

Sept. 6, 2018 — The latest episode of “The Least Sophisticated Podcast” hosted by Maurice Wutscher attorneys Eric Rosenkoetter and Brent Yarborough delves into bankruptcy law and its intersection with consumer protection laws such as the Fair Debt Collection Practices Act.

“Did You Check That Box?” features a discussion on proof of claim litigation with Maurice Wutscher’s Alan Hochheiser, a leading practitioner in the areas of creditors’ rights and bankruptcy law.

Named as a nod to the Fair Debt Collection Practices Act’s least sophisticated consumer provisions, the podcast is produced by AccountsRecovery.net for the accounts receivable management industry.

The podcast can be accessed for free on iTunes and Google Play or by clicking here.

Maurice Wutscher’s Alan Hochheiser to Discuss Tuition Recovery in Bankruptcy in ABA Webinar

June 18, 2018 — Maurice Wutscher attorney Alan C. Hochheiser will be among a panel of speakers presenting an ABA webinar focusing on tuition recovery in bankruptcy on June 21, at noon, entitled “Avoidances Relating to the Debtor’s Children: College and Private Secondary School Tuition.”

Panelists will discuss the state of the law concerning a chapter 7 trustee’s avoidance of a debtor’s pre-petition payment of college tuition for a child, as well as the pre-petition payment of private secondary school tuition for a debtor’s child. The law is split with respect to college tuition recovery, and scant on private secondary school tuition. Panelists will also discuss a recent case on college tuition that may significantly change the landscape in this area.

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

For more information, click here.

Alan Hochheiser to Speak on Consumer Bankruptcy Law Developments in ABA Webinar

Nov. 1, 2017 — Maurice Wutscher’s Alan C. Hochheiser will be among a panel of speakers presenting an ABA webinar Nov. 29 at noon, “Recent Consumer Bankruptcy Law Developments Affecting Businesses Operating In That Environment.”

Panelists will review U.S. Supreme Court decisions and Circuit Court decisions in consumer bankruptcy over the last year and provide guidance for business lawyers in their dealings with consumer debtors.

Originally scheduled for Nov. 7, the webinar is being presented by the ABA Business Law Section’s Consumer Bankruptcy Committee. For more information, click here.

Maurice Wutscher’s Alan Hochheiser, Donald Maurice to Speak at NABD Conference

Oct. 12, 2017 — Maurice Wutscher attorneys Alan Hochheiser and Donald Maurice will discuss regulatory developments and compliance strategies in debt collection and consumer bankruptcy law at the Orlando Conference for Buy Here, Pay Here on Oct. 23-25.

In Maximizing Recoveries through Debt Sales, Alan Hochheiser will explain how dealers can maximize their recoveries in bankruptcy matters.

In Collection Hot Spots – What You Should Be Doing Today to Avoid Litigation Tomorrow, Donald Maurice will discuss the state and local regulation of “first party” debt collection, the practices that tend to increase the risk of civil litigation and regulatory enforcement and what dealers can do now to protect their businesses.

The conference is presented by the National Alliance of Buy Here, Pay Here Dealers. Click here for more information.

Maurice Wutscher’s Thomas R. Dominczyk Authors Article for Business Law Today

Oct. 6, 2017 — Maurice Wutscher attorney Thomas R. Dominczyk has published an article discussing the Bankruptcy Code and the Fair Debt Collection Practices Act in the September issue of Business Law Today.

In Supreme Court Restores Order to Bankruptcy Claims Process, Dominczyk writes that the Supreme Court’s recent decision in Midland Funding, LLC v. Johnson has brought clarity to the application of the FDCPA to proofs of claim in chapter 13 cases.

“In the end, the majority held that ‘filing a proof of claim that is obviously time barred is not a false, deceptive, misleading, unfair, or unconscionable debt collection practice within the meaning of the FDCPA.’ This opinion restores order among the circuits and requires the Eleventh Circuit to fall in line with the Second, Third, Fourth, Seventh, Eighth, and Ninth Circuits when it comes to the application of the FDCPA to proofs of claim,” writes Dominczyk.

Thomas R. Dominczyk is a principal of Maurice Wutscher LLP. He focuses his practice on various aspects of financial services law, with an emphasis on consumer financial services litigation. He is based in the firm’s New Jersey office and supports the firm’s litigation matters in its New York and Pennsylvania offices.

Business Law Today is published by the American Bar Association’s Business Law Section.

Maurice Wutscher’s Alan Hochheiser, Donald Maurice to Speak at ABA Business Law Meeting

Sept. 12, 2017 — Maurice Wutscher attorneys Alan Hochheiser and Donald Maurice will discuss consumer bankruptcy law as well as developments in debt collection at the ABA Business Law Section Annual Meeting in Chicago this week.

Alan Hochheiser will join a panel of experts including a bankruptcy judge from the Eastern District of New York in examining recent developments in consumer bankruptcy law. Panelists will review U.S. Supreme Court decisions and Circuit Court decisions in consumer bankruptcy over the last year and provide guidance for business lawyers in their dealings with consumer debtors.

Donald Maurice will moderate a Consumer Financial Services Roundtable on newly enacted state laws, regulations and rules impacting the debt collection industry. The 2017 state legislative session brought new licensing schemes and new data and document requirements for debt collection. The roundtable will outline the active states, explore some of the most notable changes and discuss what may be in store for the 2018 legislative session.

These sessions are among more than 90 CLE business law programs as well as topical forums covering the latest business law issues to be offered at this year’s annual meeting.

Click here for more information.

Alan Hochheiser, Donald Maurice to Speak on FDCPA Regulation of Bankruptcy in ABA Webinar Today

May 31, 2017 — Maurice Wutscher’s Alan C. Hochheiser and Donald Maurice will be among a panel of speakers presenting an ABA webinar today at noon, “A Look at FDCPA Regulation of Bankruptcy Practices after Midland Funding LLC v. Johnson.”

A recent Supreme Court decision found the federal Fair Debt Collection Practices Act was not violated by a debt collector’s filing of a proof of claim for a debt subject to an expired limitations period. But the decision did not find that the FDCPA is precluded by the Bankruptcy Code.

The webinar will explore the decision and examine whether FDCPA risks still remain for bankruptcy practices. Panelists will discuss what may occur with existing cases that were stayed and what to look for moving forward.

The webinar is being presented by the ABA Business Law Section’s Consumer Bankruptcy Committee. For more information, click here.

Maurice Wutscher Attorneys to Speak at NARCA Meeting

May 3, 2016 — Several Maurice Wutscher attorneys will speak on recent developments in consumer financial services law at NARCA’s Spring Conference in Chicago this week.

Donald Maurice and Eric Rosenkoetter will be panel speakers for “Auto Deficiency, Replevin, Medical, and Foreclosure FDCPA Issues You Won’t See With Credit Cards.” The presentation will take a closer look at FDCPA claims arising from practices unique in the servicing and collection of mortgage and student loans, the collection of government debt, motor vehicle loans and medical debt. Panelists will discuss current case law and best practices to reduce liability when engaged in representing clients in these specialized areas.

Thomas R. Dominczyk will discuss “Bankruptcy for Collection Attorneys.” Dominczyk will examine the impact of bankruptcy on outside collection efforts, claim filing and management, and potential FDCPA applicability for actions within bankruptcy.

Brent Yarborough will moderate “Regulation of the Collection Industry: How Much is Too Much?” Representatives from the Cato Institute, the CFPB, the University of Virginia School of Law, the Office of the Illinois Attorney General, and the FTC will participate in this panel discussion.

For more information, click here.

Maurice Wutscher is a national law firm focused on defense of the financial services industry. With offices throughout the United States, the firm’s skilled team of litigators specialize in appellate matters, business formation and transactions, class action litigation, commercial litigation, construction litigation, consumer credit litigation, contested bankruptcies, contested foreclosures, employment litigation, equine law, insurance recovery and advisory services, intellectual property litigation, regulatory compliance, and trials and evidentiary hearings.

Donald Maurice to Speak at Institute on Consumer Financial Services Basics

Sept. 24, 2015 — Maurice Wutscher attorney Donald Maurice will present on the latest issues in consumer bankruptcy and Fair Debt Collection Practices Act litigation at the Sixth Annual National Institute on Consumer Financial Services Basics on Oct. 8-9 in Arlington, VA.

The two-day program provides attorneys with up to 14 CLE credit hours and is presented by the Consumer Financial Services Committee of the American Bar Association’s Business Law Section and the Center for Professional Responsibility.

The institute is designed for attorneys new to consumer financial services law who want to learn from seasoned presenters with decades of practical experience in consumer finance. A classroom approach is used to review the history and background of consumer financial services and cover the fundamental laws that apply. Attendees will hear from regulators, consumer advocates, and industry representatives on the current state of affairs and what is on the horizon.

Key topics will include:

» History and development of federal and state consumer financial services laws
» Truth in lending and disclosure requirements
» Fair lending
» Financial privacy and credit reporting
» Data security, fraud prevention, and identity protection
» Consumer communications: FDCPA, TCPA, TSR, Can-Spam, and others
» Asset account regulation
» Installment lending
» Mortgage origination and servicing
» UDAAP
» Litigation and enforcement actions

To learn more about and to register for the program, visit www.shopaba.org/2015consumer. Colleagues of the program panelists will receive $100 off their non-government registration rate by entering discount code CE15CPDNIVIP at check-out.

Webinar to Review Credit Reporting Risks in Bankruptcy

Aug. 7, 2015 — Maurice Wutscher will give a webinar for the credit and collections industry on Aug. 19, “Credit Reporting and Bankruptcy – Latest Risks for Furnishers.”

Recent litigation suggests that both the content and the timing of furnished information before, during and after a consumer bankruptcy poses a unique risk to the credit and collections industry. The webinar will explore issues arising from recent litigation and how furnishers can contain their risk and enhance their credit reporting compliance.

For more information and to register, click here.