The Moss & Barnett Creditors’ Remedies and Bankruptcy group enjoys a national reputation and is staffed with two Certified Bankruptcy Specialists, as well as other experienced professionals who routinely practice in the areas of:
Fair Debt Collection Practice Act (FDCPA) compliance and defense
Fair Credit Reporting Act (FCRA) compliance and defense
State collection agency licensing compliance
ACA International collection notice review
Business-to-business debt collection
Defense of creditors and professionals in Automatic Stay and Discharge injunction litigation
Defense of national class actions under the FDCPA and FCRA
Representation of creditors and other interested parties in complex Chapter 11 bankruptcy matters
Bankruptcy preference defense
Debt workouts
Creditor discharge litigation
Recovery of collateral
Debt Collector and Debt Buyer Representation in FDCPA and FCRA Matters
Moss & Barnett attorneys represent debt collectors, debt buyers and fellow attorneys in numerous cases that shape and define this area of law, including representation in the following landmark cases:
Our experience and knowledge in FDCPA matters is first rate and we have prevailed in numerous cases, as well as quietly resolved hundreds of other cases. We know which cases to fight and which cases to settle, and we also know the settlement value for these cases. Our attorneys are licensed in several states and appear on a "case-by-case" basis in other jurisdictions across the country. We also have a proven network of local attorneys to appear in matters.
Two of our attorneys are authorized by ACA International to conduct collection notice reviews. Further, Moss & Barnett attorneys have extensive experience in representing debt buyers and debt collectors in state licensing and compliance matters.
Bankruptcy and Work-out Representation
In Bankruptcy cases and out-of-court work outs, our attorneys have substantial experience and a wide-ranging practice. They bring an aggressive problem solving approach to these problems, and apply their understanding of business and legal issues to attain a solution. Here is a sampling of the cases they have handled:
Served as counsel for the creditors committee in Hitchcock Industries, a case in which the unsecured creditors, who totaled some $4.5 Million, were paid in full with interest.
Served as defense counsel for national, regional and local companies in preference litigation in bankruptcy courts throughout the United States. These matters range in size from several thousand dollars to tens of millions of dollars.
Served as co-counsel to the Creditors Committee in the Chapter 11 case of Sheldahl, Inc. in Minnesota. Evaluated hundreds of preference claims and, with co-counsel, commenced approximately 125 preference recovery actions after settling many prior to bringing suit. All net proceeds from preference collections, as well as from the sale of numerous other assets, are to be paid to the unsecured creditors.
Represented a nonprofit corporation owning three Minnesota nursing homes in its Chapter 11 case. The case concluded successfully with a stipulated dismissal of the Chapter 11, including an agreement with the unsecured creditors committee and a long-term payout to the State of Minnesota of its alleged overpayments for reimbursement.
Represented a bank in the Chapter 11 of a mail order company in which the bank recovered its principal and interest on a loan of approximately $6.5 million, plus value for stock issued to the bank in connection with the Chapter 11 reorganization.
Represented the State of Minnesota in the New York bankruptcy of a steel manufacturing company and its subsidiaries. We pursued over $100 million in claims based on taxes, environmental cleanup, workers’ compensation and related matters. The State retained $4.6 million of a refund claimed by the debtor, and successfully resolved a potential $50 million environmental cleanup claim.
Represented a financial institution with $10 million debt and a second place security interest in an optical company with $70 million in sales. Our client eventually purchased the company as part of its reorganization under Chapter 11.
Protected a foreign financial institution with security interest in assets of an oil drilling syndicator against lender liability and related claims. Negotiated acceptable treatment under the syndicator’s plan of reorganization and the allowance of approximately $4.5 million in claims against its guarantor.
Represented a Texas financial institution in defense of fraudulent conveyance claims by Chapter 11 debtor involving $6 million in real estate foreclosure. Our client was able to settle for less than the cost of defense.
Confirmed a Chapter 11 plan for an upstate New York retailing debtor with $65 million in sales and accomplished an out-of-court workout for a related company with more than 40 convenience stores in Ohio and Kentucky.
Served as court-appointed receiver of an airline charter company in the case of stock fraud and other fraud, involving in excess of $30 million. The creditors eventually received close to 100% of claims, public shareholders received substantial compensation, and the perpetrators went to jail.
[05/14] In re: M & S Grading, Inc., In an appeal following a bankruptcy court's denial of a motion to require a Chapter 7 bankruptcy trustee to show cause why he should not be found in contempt for failing to pay contributions ordered while the debtor's case was in Chapter 11, the appeal is dismissed for lack of jurisdiction where: 1) the bankruptcy court's order denying a motion to show cause was not a final appealable order; and 2) the order did not qualify as a collateral order, for purposes of the collateral order doctrine.
[05/06] In re: Slatkin Summary judgment in favor of bankruptcy trustee, avoiding under 11 U.S.C. section 548(a) and California Civil Code section 3439.04(a) certain transfers made by the debtor during his operation of a Ponzi scheme, is affirmed where: 1) the bankruptcy court did not abuse its discretion in denying appellants-investors' motion for a continuance to conduct further discovery; 2) investors' right to a jury trial was not violated by the grant of summary judgment; 3) the bankruptcy court properly determined that debtor acted with the actual intent to "hinder, delay, or defraud" his creditors; 4) a determination that debtor was not a "stockbroker" under the Bankruptcy Code was proper; and 5) prejudgment interest was properly awarded.
The Moss & Barnett Creditors’ Remedies and Bankruptcy group enjoys a national reputation and is staffed with two Certified Bankruptcy Specialists, as well as other experienced professionals who routinely practice in the areas of:
