Tue.Feb 25, 2025

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Keeping Up With Everything Going on Surrounding the CFPB

Account Recovery

The pace of news related to the future of the Consumer Financial Protection Bureau shows no signs of slowing down. As we get ready for the confirmation hearing for Jonathan McKernan to be the new Director of the CFPB later this week, here are some other developments involving the regulator. Consumer Groups Publish State Complaint Data A number of consumer advocacy organizations are attempting to kill two birds with one stone — highlight the work of the Consumer Financial Protection Bureau

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Understanding TTB’s New Social Media and Beer Ingredient Guidelines: What Breweries Need to Know

Jimerson Firm

The Alcohol and Tobacco Tax and Trade Bureau (TTB) has long been at the forefront of regulating the alcohol beverage industry, ensuring that companies adhere to standards for both product labeling and marketing. Recently, two major updates have emerged from the TTB that are particularly relevant to brewers and those involved in alcohol advertising. Industry Circular 2024-1 focuses on new social media guidelines and Industry Circular 2024-2 expands the list of beer ingredients that are exempt fro

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Appeals Court Overturns Dismissal of FDCPA Suit, Rules Receipt of Letter Confers Standing

Account Recovery

In a ruling that — to this non-lawyer appears to take the issue of standing and turn it on its head — the Court of Appeals for the Ninth Circuit has reversed a lower court’s dismissal of a Fair Debt Collection Practices Act suit, ruling that the receipt of a letter after being informed that the individual was represented by an attorney — a tangled situation in this case — is enough for the plaintiff to have standing to pursue a lawsuit in federal court.

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Mortgage rates drop to lowest since mid-December, but demand still falls short

Collection Industry News

Mortgage interest rates dropped again last week, hitting the lowest level in two months, but demand for mortgages didnt respond. Total mortgage application volume fell 1.2% from the previous week, according to the Mortgage Bankers Associations seasonally adjusted index. The average contract interest rate for 30-year fixed-rate mortgages with conforming loan balances, those of $806,500 or less, decreased to 6.88% from 6.93%, with points dropping to 0.61 from 0.66, including the origination fee, f

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Your Accounting Expertise Will Only Get You So Far: The New Way To Lead

Speaker: Victor C. Barnes, CPA, MBA

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Money on Mute: How 1 in 4 Consumers Are Ghosting Their Finances

Account Recovery

Data from a new survey from reveals a sobering yet opportunity-rich snapshot for credit and collection professionals and the broader financial ecosystem — amid persistent stress and rising consumer expectations, theres a clear desire for more seamless, data-driven experiences that reduce friction in the repayment process. Whats happening Why it matters: Professionals at debt collection agencies, consumer finance companies, fintechs, and traditional financial institutions can glean critical

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Daily Digest – February 25. Sending Letter with Payment Voucher After Refusal to Pay Sets Off FDCPA Suit; Appeals Court Overturns Dismissal of FDCPA Suit, Rules Receipt of Letter Confers Standing

Account Recovery

Sending Letter with Payment Voucher After Refusal to Pay Sets Off FDCPA Suit Appeals Court Overturns Dismissal of FDCPA Suit, Rules Receipt of Letter Confers Standing Keeping Up With Everything Going on Surrounding the CFPB Money on Mute: How 1 in 4 Consumers Are Ghosting Their Finances WORTH NOTING: When is the time to have the courage to quit? … Is this the answer to outsmarting seat squatters on airplanes?

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Determining a Debtor’s “Center of Main Interests” as Hong Kong Rather than the Cayman Islands or China

ABI

Eleanor Conlon St. Johns University School of Law American Bankruptcy Institute Law Review Staff Under chapter 15 of title 11 of the United States Code (the Bankruptcy Code), a bankruptcy court can recognize a foreign insolvency, bankruptcy, or restructuring proceeding if it is a foreign main proceeding. [1] A foreign main proceeding isa foreign proceeding pending in the country where the debtor has the center of its main interests. [2] TheBankruptcyCode fails to define center of main interests

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Sending Letter with Payment Voucher After Refusal to Pay Sets Off FDCPA Suit

Account Recovery

EDITORS 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? Call (855) WEB-RECON or email admin@webrecon.net today!

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Silicon Valley Bank’s Cayman Islands Branch is not Eligible for Chapter 15 Relief

ABI

David DaCosta St. Johns University School of Law American Bankruptcy Institute Law Review Staff Chapter 15 of title 11 of the United States Code (the Bankruptcy Code) provides for the recognition of foreign insolvency and bankruptcy proceedings. [1] Under section 1501(c) of the Bankruptcy Code, chapter 15 is not available to entities that are not eligible to be debtors under section 109(b) of the Bankruptcy Code (with the exception of foreign insurance companies). [2] Consequently, banks that a

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The Hidden Science Behind Why Finance Teams Resist Change—And How to Fix It

Speaker: Kim Beynon, CPA, CGMA, PMP

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Five Tips for Maintaining Compliance with OSHA Standards

Jimerson Firm

Maintaining compliance with Occupational Safety and Health Administration (OSHA) standards is essential to fostering a culture of workplace safety, protecting employees, and avoiding citations and penalties. Here are five actionable tips to help you navigate OSHA requirements effectively and ensure your workplace remains compliant. Understand OSHA Standards and Stay Informed The first step to maintaining OSHA compliance is knowing which regulations apply to your business.

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Insurers Have Standing to Object to Chapter 11 Plans

ABI

Haley Daniels St. Johns University School of Law American Bankruptcy Institute Law Review Staff Section 1109(b) of Title 11 of the United States Code (the Bankruptcy Code) provides that a party in interest may appear and be heard on any issue in a chapter 11 case. [1] Section 1109(b) identifies certain examples of a party in interest (e.g., a debtor, a creditor), but does not otherwise define party in interest. [2] In Truck Ins.

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Non-Debtor Co-Defendants Must be Critical to the Debtors Successful Bankruptcy Case to Obtain Stay Protections

ABI

Daniel Denaroso St. Johns University School of Law American Bankruptcy Institute Law Review Staff In In re Parlement Technologies , Inc. , (f/k/a Parler LLC, f/k/a Parler, Inc.) , the United States Bankruptcy Court for the District of Delaware (the Court) held that Parlement Technologies (the Debtor) failed to demonstrate that staying an action against a non-debtor defendant was critical to the success of a bankruptcy case and thus was not entitled to a preliminary injunction staying the prepet

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Transferee may be Responsible to Return Fraudulent Transfers Made by Agents on Their Behalf

ABI

Alyssa DiBenedetto St. Johns University School of Law American Bankruptcy Institute Law Review Staff Section 550 of title 11 of the United States Code (the Bankruptcy Code) allows a trustee to recover, for the benefit of the estate, the property transferred or the value of the property from any immediate or mediate transferee of such initial transferee. [1] In Schmidt v.

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Agent Tooling: Connecting AI to Your Tools, Systems & Data

Speaker: Alex Salazar, CEO & Co-Founder @ Arcade | Nate Barbettini, Founding Engineer @ Arcade | Tony Karrer, Founder & CTO @ Aggregage

There’s a lot of noise surrounding the ability of AI agents to connect to your tools, systems and data. But building an AI application into a reliable, secure workflow agent isn’t as simple as plugging in an API. As an engineering leader, it can be challenging to make sense of this evolving landscape, but agent tooling provides such high value that it’s critical we figure out how to move forward.

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Locking Up Votes: Providing Meaningful Disclosure and Later Outs in Lockup Agreements

ABI

Tyge Duffy St. Johns University School of Law American Bankruptcy Institute Law Review Staff Section 1125 of title 11 of the United States Code (the Bankruptcy Code) provides the foundation for postpetition disclosure and solicitation of votes. [1] Plan Support Agreements (PSAs) or Restructuring Support Agreements (RSAs) are agreements negotiated prepetition by debtors and creditors pursuant to which they pledge to support a plan [2] These agreements are supported within the Bankruptcy Code and

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Debtors’ Sale of Assets: Stripping Sureties of their Subrogation Rights

ABI

Bella Garabedian St. Johns University School of Law American Bankruptcy Institute Law Review Staff Section 363(m) of title 11 of the United States Code (the Bankruptcy Code) sets boundaries in a courts ability to modify or reverse certain sales and corresponding assumption or rejection of unexpired leases. [1] In Swiss Re Corp. Sols. Am. Ins. Co. v.

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An Ohio Bankruptcy Court Adopts “Actual Test” to Determine Whether an Executory Contract may be Assumed

ABI

Sandi Abdelshehed St. Johns University School of Law American Bankruptcy Institute Law Review Staff Section 365 of Title 11 of the United States Code (the Bankruptcy Code) allows a debtor to assumeor reject an executory contract. [1] Under section 365, a debtor may also assign an assumed contract unless restricted by another provision. Section 365(c)(1), for instance, restricts a trustee from assuming or assigning an executory contract if applicable law allows the non-debtor party to refuse per

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Bitcoin Mining Property may be “Special Purpose Property” in Bankruptcy: The Eleventh Circuit Court’s Decision on Bay Point Capital v. Thomas Switch Holding

ABI

Michael Galletti St. Johns University School of Law American Bankruptcy Institute Law Review Staff In Bay Point Capital Partners II, LP v. Thomas Switch Holding, LLC ( In re Virtual Citadel, Inc. ), the Eleventh Circuit Court of Appeals evaluated a bankruptcy courts decision regarding the valuation of a bitcoin mining property. [1] The Court addressed three key issues: (1) whether the mining property should be classified as a special purpose property with bitcoin mining as its highest and best

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Protect What Matters: Rethinking Finance Ops In A Digital World

Speaker: Cheryl J. Muldrew-McMurtry

Distributed finance teams are rewriting how the back-office runs, and attackers are taking notes. Disconnected workflows, process blind spots, and rising cyber threats are more than just growing pains—they’re liabilities. The challenge isn’t just going remote. It’s building resilient systems that protect accuracy, control, and speed across every transaction and touchpoint.

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Appellate Jurisdiction Over Non-Final Orders Clarified

ABI

Alexandra Harris St. Johns University School of Law American Bankruptcy Institute Law Review Staff In In re Delaney , the United States Court of Appeals for the Second Circuit held that a district court order that leaves work to be done in the bankruptcy court, is non-final for purposes of 28 U.S.C. 158(d) and, therefore, not appealable as a matter of right. [1] The Second Circuit ruled that an order denying a motion to dismiss a bankruptcy petition is non-final, and an appeal of such a non-fi