Account Recovery

JANUARY 19, 2024

A District Court judge in Washington has given the defendants in a Fair Debt Collection Practices Act and Gramm-Leach Bliley Act case 14 days to demonstrate why the case should remain in federal court or it will be sent back to state court where it was originally filed.

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PDC Flow

JANUARY 19, 2024

“Privacy works flexibly. It’s scalable. And it’s unique to every situation we’re in.” This is a quote from Leslie Bender , Senior Attorney of Health Privacy and Consumer Financial Privacy during her presentation at Collector Live , a yearly event hosted by Mike Gibb of AccountsRecovery.net. The virtual conference for frontline and upper management debt collectors hosted several experts including debt collection industry professional Harry Strausser III.

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Account Recovery

JANUARY 19, 2024

A report from the city of Chicago’s Inspector General includes details about how a debt collector collected $200,000 in fees from the city for collecting on accounts that were not delinquent.

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Troutman Sanders

JANUARY 19, 2024

Recently the U.S. Supreme Court granted the petition for certiorari in Smith v. Spizzirri, which presents the question of whether § 3 of the Federal Arbitration Act (FAA) requires district courts to issue a stay pending arbitration or allows courts the discretion to dismiss the suit when all claims are subject to arbitration. Section 3 of the FAA provides: “If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in

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Speaker: Erika R. Bales, Esq.

When we talk about “compliance and security," most companies want to ensure that steps are being taken to protect what they value most – people, data, real or personal property, intellectual property, digital assets, or any other number of other things - and it’s more important than ever that safeguards are in place. Let’s step back and focus on the idea that no matter how complicated the compliance and security regime, it should be able to be distilled down to a checklist.

Account Recovery

JANUARY 19, 2024

Collector Facing Class Action Over Undated MVN, 1,200% Fees in Itemization Table Defendants in FDCPA Stalking Case Ordered to Show Cause Why Case Should Stay in Federal Court 25 State AGs Back FCC’s Plan to Include AI Voices in TCPA Artificial Voice Definition Debt Collector Steals $200k From City By Saying it Collected on Accounts […]

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Account Recovery

JANUARY 19, 2024

EDITOR’S NOTE: This article is part of a series that is sponsored by WebRecon. WebRecon identifies serial plaintiffs lurking in your database BEFORE you contact them and expose yourself to a likely lawsuit. Protect your company from as many as one in three new consumer lawsuits by scrubbing your consumers through WebRecon first. Want to learn more?

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ABI

JANUARY 19, 2024

Daniella Sesto St. John’s University School of Law American Bankruptcy Institute Law Review Staff Section 1112(b) of title 11 of the United States Code (the “Bankruptcy Code”) provides that a chapter 11 case may only be dismissed for cause. [1] Though courts have held that failure to file in good faith permits dismissal for cause, there is no universally accepted definition for “good faith.

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Account Recovery

JANUARY 19, 2024

Attorneys General from 26 different states have filed a comment with the Federal Communications Commission, taking the position that artificial intelligence tools that mimic human voices are a form of an artificial voice as defined under the Telephone Consumer Protection Act.

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ABI

JANUARY 19, 2024

Zhiqian Ke St. John’s University School of Law American Bankruptcy Institute Law Review Staff Under section 503(b) of Title 11 of the United States Code (“Bankruptcy Code”), allowed administrative expenses have priority status in receiving distributions from the bankruptcy estate. [1] Section 503(b)(9) states that after notice and a hearing, administrative expenses should be allowed for “the value of any good[s] received by the debtor within 20 days before the date of commencement of a case

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Collections

NACM

JANUARY 19, 2024

?️ On today's episode of NACM's Extra Credit podcast.? The credit department plays a role comparable to that of a meticulously crafted recipe in baking. Just as a cake recipe demands precision in ingredient selection, mixing and timing, the credit department orchestrates a series of crucial processes to ensure the financial health and success of.

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ABI

JANUARY 19, 2024

Ben Kittay St. John's University School of Law American Bankruptcy Institute Law Review Staff Section 727(b) of title 11 of the United States Code (the “Bankruptcy Code”) provides that a Chapter 7 debtor’s bankruptcy discharge eliminates the debtor’s liability for “all debts that arose before the date of the order of relief.” [1] In Reinhart Foodservice LLC v.

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ABI

JANUARY 19, 2024

Jack Reilly St. John’s University School of Law American Bankruptcy Institute Law Review Staff In Jennings v. Nationstar Mortgage LLC , the bankruptcy court held that a debtor’s marital interest in his family residence would become a “property interest” warranting an invocation of the automatic stay against a foreclosure proceeding if he obtained a divorce. [1] The United States Bankruptcy Court for the Northern District of Georgia held that the foreclosure proceeding by the creditor was

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ABI

JANUARY 19, 2024

Agustin Bujanda St. John’s University School of Law American Bankruptcy Institute Law Review Staff Section 363(b) of title 11 of the United States Code (the “Bankruptcy Code”) provides that bankruptcy courts may authorize the trustee of a debtor to sell or lease property of the bankruptcy estate. [1] Additionally, under section 363(m), “[t]he reversal or modification on appeal of an authorization under subsection (b) and (c). does not affect the validity of a sale or lease.” [2] In MOAC M

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Speaker: William Hord, Senior VP of Risk & Professional Services

Enterprise Risk Management (ERM) is critical for industry growth in today’s fast-paced and ever-changing risk landscape. When building your ERM program foundation, you need to answer questions like: Do we have robust board and management support? Do we understand and articulate our bank’s risk appetite and how that impacts our business units? How are we measuring and rating our risk impact, likelihood, and controls to mitigate our risk?

Banks

ABI

JANUARY 19, 2024

Conor Carman St. John’s University School of Law American Bankruptcy Institute Law Review Staff In cross-border insolvency proceedings, the power to obtain information through discovery is essential for recovering assets for creditors. A recent decision by the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”), In re Historic & Trophy Buildings Fund FCP-SIF , balances safeguarding sensitive information and facilitating cooperative efforts in forei

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ABI

JANUARY 19, 2024

Declan Considine St. John’s University School of Law American Bankruptcy Institute Law Review Staff Title 11 of the United States Code (the “Bankruptcy Code”) provides under section 365(a) that a debtor in possession may, “subject to the court’s approval… assume or reject any executory contract or unexpired lease of the debtor.” [1] An exception to the debtor-in-possession’s ability to assume or assign executory contracts is outlined in section 365(c).

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ABI

JANUARY 19, 2024

Gabriel Eckstein St. John’s University School of Law American Bankruptcy Institute Law Review Staff An unpaid secured lender with a prepetition mortgage does not have a right to receive payment of proceeds from a postpetition sale of real property. In evaluating the Texas Business & Commerce Code and title 11 of the United States Code (the “Bankruptcy Code”), the United States Bankruptcy Court for the Southern District of Texas, in In Re Burts Construction, Inc., held that a se

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ABI

JANUARY 19, 2024

Marybeth Ehlbeck St. John’s University School of Law American Bankruptcy Institute Law Review Staff A bankruptcy discharge order absolves debtors of their pre-bankruptcy debts and seeks to provide debtors with a fresh start to their financial life. This is achieved through section 524(a)(2) of title 11 of the United States Code (the “Bankruptcy Code”) which provides that a bankruptcy discharge operates “as an injunction against the commencement or continuation of an action, the employment of p

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Collections

ABI

JANUARY 19, 2024

Freddy Giovanelli St. John’s University School of Law American Bankruptcy Institute Law Review Staff The families of the victims of the Sandy Hook shooting sued Alex Jones in a Connecticut state court, and his company, Free Speech Systems, in a Texas state court. [1] Before the trials concluded, Free Speech Systems filed for bankruptcy under Subchapter V of Chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) in the Southern District of Texas. [2] A Subchapter V case differ

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ABI

JANUARY 19, 2024

Kathleen Gatti St. John’s University School of Law American Bankruptcy Institute Law Review Staff Endo Pharmaceuticals (“Endo”) develops, manufactures, markets, and distributes prescription pharmaceutical products. Endo holds several patents covering an extended-release version of the opioid oxymorphone that is sold under the brand name Opana ER. [1] In 2007, Impax Labs (“Impax”) decided to market its own generic version of Opana ER after certifying to the Food and Drug Administra

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ABI

JANUARY 19, 2024

Matthew Hanauer St. John’s University School of Law American Bankruptcy Institute Law Review Staff Under section 365 of title 11 of the United States Code (the “Bankruptcy Code”), a debtor may assume an executory contract, provided it (1) cures any existing defaults, (2) compensates the nondebtor party for any monetary loss caused by the debtor’s default, and (3) provides adequate assurance of future performance of the contract. [1] Additionally, cure claims arising from the assumption of ex

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ABI

JANUARY 19, 2024

John Hayes St. John’s University School of Law American Bankruptcy Law Review Staff Under section 548 of title 11 of the United States Code (the “Bankruptcy Code”), a trustee may avoid any transfer or obligation incurred if the debtor had actual intent to hinder, delay, or defraud creditors. [1] A fraudulent transfer may be the result of self-dealing and a breach of fiduciary duties. [2] In In re TransCare Corporation, the United States Court of Appeals for the Second Circuit aff

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Speaker: Dr. Karen Hardy, CEO and Chief Risk Officer of Strategic Leadership Advisors LLC

Communication is a core component of a resilient organization's risk management framework. However, risk communication involves more than just reporting information and populating dashboards, and we may be limiting our skillset. Storytelling is the ability to express ideas and convey messages to others, including stakeholders. When done effectively, it can help interpret complex risk environments for leaders and inform their decision-making.

ABI

JANUARY 19, 2024

Nino Aspanadze St. John’s University School of Law American Bankruptcy Institute Law Review Staff In the U.S. Bankruptcy Code, there are various provisions that allow debtors and trustees to avoid certain types of prepetition transfers. [1] The safe harbor rule set out in Section 546(e) of Title 11 of the United States Code (the “Bankruptcy Code”) provides, in part, that a trustee may not avoid a transfer made before the commencement of the case in connection with a securities contra

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ABI

JANUARY 19, 2024

Giuseppina Mammoliti St. John’s University School of Law American Bankruptcy Institute Law Review Staff In large bankruptcy cases, 28 U.S.C. § 156(c) provides that a court may appoint a claims agent to assist the Clerk of Court in administrative duties subject to certain jurisdictional conditions. [1] In In re Madison Square Boys & Girls Club, Inc., the U.S.

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ABI

JANUARY 19, 2024

Delanie Fico St. John’s University School of Law American Bankruptcy Institute Law Review Staff Section 524(a) of Title 11 of the United States Code (the “Bankruptcy Code”) provides that a debtor may be discharged (i.e., relieved of personal liability) for its debts. [1] Section 524(e) provides that a discharge of a debtor’s debt does not affect the liability of a non-debtor. [2] The United States Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals, in RS Air, LLC v.

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