CLLA Newswire December 2017 Continued

Tuesday, December 19, 2017
Venue Reform Press Release from the CLLA »
FOR IMMEDIATE RELEASE …The Commercial Law League of America Announces the Imminent Introduction of Bankruptcy Venue Reform Legislation 

Wauconda, IL – 12/18/2017– Over the years, the Commercial Law League of America (CLLA) has been a leader in the creation and advancement of bankruptcy venue reform.The CLLA is pleased to announce that a bipartisan bankruptcy venue reform bill has been developed and will be proposed this week in the U.S. Senate to address out of control forum shopping of Chapter 11 business cases.

Under current law, there are multiple bankruptcy venue options to commence a case, which have unfortunately led to an increase of companies filing for bankruptcy outside of their home states, sometimes thousands of miles away from where the companies are located.The result of this forum shopping prevents smaller trade creditors, employees, retirees, landlords and other important stakeholders from participating in bankruptcy cases that will have tremendous impact on their lives and local economies.The CLLA believes that the proposed bill will correct this problem and will work to support its enactment.

In the recent past, the CLLA has actively supported SB 314 (109th Congress 2005-2006) and HR 2533 (112th Congress 2011-2012), in which the CLLA testified in support of the reform legislation.The CLLA encourages people to contact their U.S. Senators to support the legislation and consider becoming a co-sponsor of the forthcoming bill. ♦

Wednesday, December 6, 2017 
House Bill 4550 » On December 5, 2017, Democratic House Representative from Texas, Vincente Gonzalez introduced H.R. 4550 which proposes to amend the Fair Debt Collection Practices Act as well as the Consumer Financial Protection Act of 2010.  Currently, the text of the proposed legislation is not published however the summary provides that the intention of the Bill is to exclude law firms and licensed attorneys who are engaged in activities related to legal proceedings from the definition of a debt collector.  Additionally, it provides for the prevention of the Bureau of Consumer Financial Protection to exercise supervisory or enforcement authority with respect to attorneys when undertaking certain actions related to legal proceedings.  I will provide updated information when the Bill is published for review. ♦

Tuesday, December 5, 2017 
Ocwen Loan Servicing Unit Wins Dismissal of Robocall Allegations » A federal judge dismissed a claim brought by Plaintiff Jacqueline Selby who raised a TCPA claim against Ocwen Loan Servicing, LLC for unwanted and stressful phone calls in an attempt to collect a debt.  Shelby argues she is protected from this frustration by the federal anti-robocall law.

Judge Cathy Ann Bencivengo of the U.S. District Court for the Southern District of California disagreed stating that the statute cited applies to telemarketers, not debt collectors. ♦

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