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Business owners in Massachusetts are likely familiar with the frustrations of trying to collect unpaid debts. At the Law Offices of Alan M. Cohen & Associates LLC, our aggressive and relentless commercial collections attorneys have more than 60 years of combined experience helping Massachusetts business owners collect their unpaid debts. Utilizing the collection tools allowed by law, our lawyers are ethical in their methods and innovative in their debt collection strategies.
The Court of Appeals for the Tenth Circuit has affirmed a lower court’s dismissal of a Fair Debt Collection Practices Act suit, ruling that the defendant, a property owners association, was not considered a “debt collector” under the statute. The plaintiff, a property owner, had argued that the association violated the FDCPA in its attempts to collect unpaid fees by using different names and acronyms to make it appear as though a third party was attempting to collect on the deb
Aisha Sabar 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 a process pursuant to which a foreign insolvency or bankruptcy proceeding may be recognized in the United States. [1] The courts are divided as to whether section 109(a) of the Bankruptcy Code, which provides that only a person who resides or has a domicile, a place of business, or property in the United States, or a munic
U.S. households continued to feel the crunch in the fourth quarter of 2024, with inflation settling at 2.9% by December and 65% of consumers reporting they live paycheck to paycheck, according to a recent PYMNTS Intelligence report. A separate snapshot from Primericas January Household Budget Index shows that purchasing power for necessities dipped again, highlighting the sustained challenges facing middle-income Americans.
In the climb from contributor to leader, the rules quietly change. But if you’re aiming for the summit, the air gets thinner, and what got you here won’t be enough to get you to the top. 🗻 What made you successful early in your finance career—technical accuracy, sharp analysis, flawless execution—won’t be what carries you to the next level. The higher you go, the more your effectiveness depends on how you connect, adapt, and communicate.
Matthew Schmalz St. Johns University School of Law American Bankruptcy Institute Law Review Staff Section 1141(d)(1)(a) of title 11 of the United States Code (Bankruptcy Code) provides that claims arising before confirmation of a chapter 11 plan are discharged. [1] In In re Mallinckrodt PLC , the United States Court of Appeals for the Third Circuit (Third Circuit) held that contingent and indefinite royalty agreements are claims that arise upon contracting, not when the obligation is triggered.
Appeals Court Affirms Dismissal of FDCPA Suit Daily CFPB Update Strained Budgets Put Consumers on Tighter Financial Footing 23 Companies Seeking Collection Talent WORTH NOTING: Can you guess what percentage of two-year olds have their own tablet? … The food and drink that may be preventing you from getting a good night’s sleep … Is the line for what constitutes cheating changing in today’s world?
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Appeals Court Affirms Dismissal of FDCPA Suit Daily CFPB Update Strained Budgets Put Consumers on Tighter Financial Footing 23 Companies Seeking Collection Talent WORTH NOTING: Can you guess what percentage of two-year olds have their own tablet? … The food and drink that may be preventing you from getting a good night’s sleep … Is the line for what constitutes cheating changing in today’s world?
Hannah Stubbs St. Johns University School of Law American Bankruptcy Institute Law Review Staff Since bankruptcy proceedings are designed to function by informed participatory, and self-interested constituent democracy, the committees in chapter 11 cases are an important fixture of the proceedings given their oversight role. [1] In Official Comm. of Equity Sec.
During this, The Great Resignation Era, I thought it would be helpful to start a regular posting of different jobs within the accounts receivable management industry that I have found online. Please make sure to do your own due diligence before applying for a position included here or accepting any offers. This is merely meant to be a service to aggregate industry job opportunities into one convenient location.
Dina Travis St. Johns University School of Law American Bankruptcy Institute Law Review Staff In McKee v. Anderson ( In re McKee ), the United States Court of Appeals for the Ninth Circuit (the Court) upheld a denial of a homestead exemption because the Debtor had no intention of returning to the home, even though the Debtor contended that returning was impossible given abuse from her former partner. [1] In 2003, Michele McKee and Laura OKane began dating. [2] Several years later, they, along w
Here is a breakdown and summary of recent developments surrounding the Consumer Financial Protection Bureau, including the Bureau’s Acting Director admitting in a court filing that the agency isn’t going to be eliminated, an endorsement for the man tapped to be the Bureau’s next director, and a report that complaint response has dropped significantly in the weeks following the firing of former director Rohit Chopra.
The most overlooked, yet most critical, element of transformation is preparing people for change. Automation and AI aren't just technical upgrades, they’re cultural shifts which can challenge identities. That’s why change management isn’t a side project—it’s the foundation. In finance, where precision and process rule, navigating change can feel especially disruptive.
Jamie Vang St. Johns University School of Law American Bankruptcy Institute Law Review Staff Under chapter 15 of title 11 of the United States Code (Bankruptcy Code), a bankruptcy court must approve the sale of a debtors assets located within the United States. [1] In particular, section 1520 of the Bankruptcy Code provides that sections 363, 549, and 552 apply to a transfer of an interest of the debtor in property that is within the territorial jurisdictions of the United States to the same e
Hanting Wang St. Johns University School of Law American Bankruptcy Institute Law Review Staff In In re SVB Fin. Grp. , the United States Bankruptcy Court for the Southern District of New York (the Court) held that the Federal Deposit Insurance Corporation (FDIC) is entitled to exercise setoff rights defensively against Silicon Valley Bank Financial Group (Financial Group). [1] Specifically, the Court ruled that (1) defensive setoff right is preserved for the FDIC even where the FDIC does not fi
Sarah Wilkinson St. Johns University School of Law American Bankruptcy Institute Law Review Staff In Kirkland v. Rund ( In re Epd Inv. Co., LLC ), the United States Court of Appeals for the Ninth Circuit found that thepresumption that a debtor has the requisite mens rea the intent to defraud his creditorswas properly inferred from the mere fact that he operated a business entity that met the objective elements of a Ponzi scheme. [1] Jerrold S.
Janet WongSt. Johns University School of Law American Bankruptcy Institute Law Review Staff In Vertiv, Inc. v. Wayne Burt PTE, Ltd. , the Third Circuit set out an updated test for analyzing whether international comity should be provided to foreign bankruptcy proceedings. [1] In 2020, Vertiv, Inc., Vertiv Capital, Inc., and Gnaritis, Inc. (together, Vertiv) filed civil suits against Wayne Burt PTE Ltd.
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.
Seth Woodhall St. Johns University School of Law American Bankruptcy Institute Law Review Staff A vital aspect of chapter 11 is confirmation of the estates plan. Section 1123 of the Bankruptcy Code sets forth the components of a chapter 11 plan. [1] While section 1123(a) provides certain mandatory provisions be included in a chapter 11 plan, section 1123(b) provides a permissible set of additional provisions that may be included in a chapter 11 plan. [2] While the first five sub-sections of sec
Ori Kopilev St. Johns University School of Law American Bankruptcy Institute Law Review Staff In In re Celsius Network LLC , the U.S. Bankruptcy Court for the Southern District of New York held that the debtors retained the rights to the assets from users cryptocurrency accounts (Earn Accounts) and, therefore, were permitted to sell the stablecoins contained therein. [1] Prior to the bankruptcy filing, approximately 600,000 Account Holders [2] joined Celsiuss optional crypto lending program (Ea
Brendan McLaughlin St. Johns University School of Law American Bankruptcy Institute Law Review Staff In re Gilani presents a paradigm Rooker-Feldman situation where a state court judgment for breach of contract against John Gilani precluded him from then bringing a similar action in federal court, which he sought to bring to combat what he thought was a void [state court] judgment. [1] The Rooker-Feldman doctrine applies to state court matters where the losing party comes to federal district co
Yehuda Sarao St. Johns University School of Law American Bankruptcy Institute Law Review Staff In In re Sabadash , the United States Bankruptcy Court for the Central District of California (the Court) held that recognizing a Russian bankruptcy case would not violate U.S. public policy.Mr. Sabadash (the Debtor) filed a motion asking the Court to reconsider its previous decision to recognize, under chapter 15 of title 11 of the United States Code (the Bankruptcy Code), a Russian bankruptcy proce
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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