Bankruptcy Law Section

The Bankruptcy Law Section focuses on issues involving bankruptcy law. The section’s executive committee develops projects for its members ranging from legislative proposals to their annual two-day Bankruptcy Forum and associated social events.

Chair
Miller Martin PLLC
832 Georgia Ave # 1200
Chattanooga, TN 37402-2289
(423)785-8383
Vice-Chair
Tennessee Attorney General's...
Po Box 20207
Nashville, TN 37202-4015
(615)741-1935
Immediate Past Chair
Wilson & Assoc PLLC
5050 Poplar Ave., Suite 115
Memphis, TN 38157
(901)578-9914
Staff Coordinator
Tennessee Bar Association
221 4th Avenue N. Suite 400
Nashville, TN 37219
(615)383-7421

CFPB Proposes New Rules Under FDCPA

Earlier this month, the Consumer Financial Protection Bureau (CFPB) issued a Notice of Proposed Rulemaking to implement the Fair Debt Collection Practices Act, according to a press release by the CFPB. The proposed rule seeks to clarify how collectors can communicate with consumers. Specifically, the rule addresses how collectors can use newer technologies to communicate, such as voicemails, emails and text messages. Additional clarity on the number of call attempts and telephone conversations allowed are outlined. CFPB invites the public to submit written comments on the proposed rule. Read the proposed rule here.

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Warren, AOC Send Letter and Release Video Questioning Mnuchin’s Role in Sears Bankruptcy

Presidential candidate Sen. Elizabeth Warren and Rep. Alexandria Ocasio-Cortez (AOC) wrote a letter to Treasury Secretary Steven Mnuchin and released a video early Thursday detailing a series of questions for Mnuchin regarding his advisory role to former Sears CEO Eddie Lampert during the downfall and eventual bankruptcy of the company, The Washington Post reports. Mnuchin was college roommates with Lampert and served on the boards of both Sears and Lampert’s hedge fund, ESL Investments. Mnuchin, Lampert and other board members have been named in a lawsuit filed last month brought by Sears’ unsecured creditors on behalf of Sears. The suit accuses them of transferring billions of dollars from the company, as it continued to demise with store closures and staff cuts, in order to benefit Lampert, his hedge fund, his real estate investment firm and other insiders. After Sears filed for bankruptcy, its two pension plans were handed over to the Pension Benefit Guaranty Corp. (PBGC), overseen by Mnuchin and two other secretaries. Warren and AOC inquire into the ethical obligations and current status of Mnuchin’s recusal requirements from PBGC’s actions related to Sears. Watch the video and read the full story here.  

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