April 2021

28
Apr

Healthcare Bankruptcy and the Medical Ombudsman

Bankruptcy filings by medical facilities are on the rise in the COVID-19 era. Because of issues related to the pandemic, many healthcare facilities — from hospitals to assisted living facilities (ALFs) to outpatient surgery locations and more — may face insolvency issues due to lower revenues as well as litigation-related issues due to COVID. Most will end up being sorted

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22
Apr

Hunstein v. Preferred Collection and Management Services – 11th Circuit Dramatically Expands Reach of FDCPA Claims

On April 21, 2021 the United States Court of Appeals for the Eleventh Circuit issued an opinion in Hunstein v. Preferred Collection and Management Services, Inc. in Case Number 19-14434.   The full opinion can be found here. The appeal addresses a question of first impression under the Fair Debt Collection Practices Act (FDCPA), which essentially asks: does a communication between

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13
Apr

Receiving a Notice of Bankruptcy: What to Do?

Receiving a notice of bankruptcy in the mail can elicit a wide range of emotions. For creditors — those who are owed something by an organization or person — there can be feelings of panic or indignation at the thought of not getting what you are owed. That’s where experienced guidance can help — beginning with an understanding of some

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5
Apr

Bankruptcy News & Trends

Bankruptcy law in 2021 is dynamic, with many trends affecting those filing for bankruptcy or being impacted by it. Major national trends include: The new Chapter 11 Subchapter V for small filings The 2021 American Rescue Plan passed in early March, as well as the two 2020 CARES Acts (the CRRSAA or Coronavirus Response and Relief Supplemental Appropriations Act, and

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