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.
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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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.
Collection Industry News
JANUARY 19, 2024
Jan 22 (Reuters) – The month is poised to be the busiest January on record for new U.S. corporate bond sales, with two regional banks on Monday adding to what has been a rush of post-earnings debt issuance by banks. Truist Financial Corp (TFC.N), opens new tab, the financing arm of Truist Bank, on Monday announced a two-part senior unsecured bond offering.
Speaker: Mark Stovel
When it comes to automating, many firms focus on finding the latest tech, believing that efficiency is something achieved through new tools. Yet true efficiency is achieved by delivering real value to clients, not merely by upgraded systems. Without a clear approach, no level of automation can overcome the complexities of serving every client’s needs.
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 […]
Creditor Collections Today brings together the best content for creditors and collection professionals from the widest variety of industry thought leaders.
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?
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
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.
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.
Speaker: Brian Muse-McKenney, Chief Revenue Officer & Matt Simester, Cards and Payments Expert
In today’s world of social media, dating apps, and remote work, businesses risk becoming irrelevant (or getting "ghosted") if they fail to meet the evolving needs of Gen Z consumers. Credit cards with flexible payment options, especially for young adults with little-to-no credit history, are a particularly important and valuable solution for this generation.
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.
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.
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.
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
Speaker: Genevieve Hancock, CPA
Cash flow isn’t just about balancing numbers - it's about ensuring your organization is positioned for both immediate stability and long-term success. Understanding that cash flow management fuels every decision, every opportunity, and every growth phase is critical. But how can you shift from simply managing cash to strategically optimizing it for resilience?
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
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
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).
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
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.
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
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
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.
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
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
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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