Creditors’ Remedies and Bankruptcy

Litigation Defense and Regulatory Compliance Counsel

Our attorneys provide litigation defense and compliance counseling in connection with individual and complex class action lawsuits under the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA), and similar state statutes.

We represent debt collectors, debt buyers, creditors, and attorneys in lawsuits brought pursuant to the FDCPA, the FCRA, and similar state statutes. We routinely advise clients on state collection agency licensing requirements and compliance, and we review collection notices. Our defense of a national collection agency led to the defeat of a Foti claim in court with the bona fide error defense, believed to be the first of its kind. In addition, Moss & Barnett attorneys represent clients in business-to-business debt collection.

Our attorneys are active members of ACA International, the Association of Credit and Collection Professionals. Several of our attorneys are authorized by ACA International to conduct collection notice review.

National Insolvency Counsel

Moss & Barnett attorneys have substantial experience in insolvency litigation, restructurings, liquidations, and receiverships. We represent secured and unsecured creditors and other interested parties in proceedings under the U.S. Bankruptcy Code. Our counsel includes:

  • Preference, fraudulent transfer, and nondischargeability actions
  • Claim allowance disputes
  • Collateral recovery
  • Automatic stay and discharge injunction litigation
  • Contested matters and adversary proceedings

Knowing which matters to litigate and which to resolve at an early stage is crucial, and we help clients evaluate strategy, tactics, and probable outcomes. The driving principle in choosing a path to resolution is if the result will make economic sense for our client. Moss & Barnett routinely obtains favorable judicial rulings and quietly resolves disputes in and out of bankruptcy forums.

The creditors’ remedies and bankruptcy team enjoys a national reputation for creative, practical, and cost-effective solutions to both bankruptcy and debt collection matters. Licensed and admitted to practice in several states and U.S. district courts, our attorneys appear on a pro hac vice basis in a range of jurisdictions. We also belong to an established network of attorneys and law firms throughout the country who appear locally on our behalf, which allows us to provide effective representation regardless of the location of a dispute.