Our financial services team manages clients’ challenges in an ever-changing business environment. Knowing which issues to negotiate or litigate and which to resolve at an early stage is crucial. We help clients evaluate strategy, tactics, and possible outcomes.

We have extensive experience representing a broad variety of clients with diverse needs. Our lawyers frequently counsel financial institutions – including many regional and community lenders – and borrowers regarding commercial lending transactions, foreclosures, restructuring, bankruptcies, receiverships, and regulatory matters. We also add value through the skills, knowledge, and work ethic gained from our decades of representation in the financial sector.

Our creditors’ remedies and bankruptcy team has earned a national reputation for creative, practical, and cost-effective solutions for financial institutions and companies affected by the labyrinth of federal and state laws governing interactions with consumers. Licensed and admitted to practice in numerous states and U.S. district courts, our lawyers appear throughout the country.

Our areas of counsel include:

  • Financial transactions
  • Class action defense
  • Consumer financial litigation defense
  • Compliance
  • Bankruptcy

Reported Decisions

Reported Decisions

We are involved in numerous cases that shape and define this area of law, including the following representative matters:

  • Roark v. Credit One Bank 2018 WL 5921652 (D. Minn., 2018)
  • Remington v. Financial Recovery Services, Inc., 2017 WL 1014994 (D. CT)
  • Bradford v. LVNV Funding, 3 F. Supp. 3d 708 (6th Cir. 2015)
  • Donaldson v. LVNV Funding, 2015 WL 1539607 (S.D. Ind. 2015)
  • Bradford v. LVNV, Docket 2:11-CV-291 (E.D. Tenn., Feb. 25, 2014)
  • White v. Sherman, 2013 WL 5936679 (E.D. Tenn., Nov. 4, 2013)
  • Robinson v. Sherman, 2013 WL 3968446 (E.D. Tenn., July 31, 2013)
  • Ferris & Salter v. Thomson Reuters Corporation, 2012 WL 3815624 (D. Minn.)
  • Dumoulin v. Palisades Collection, LLC, 11-149 (Idaho Supreme Court)
  • Zigdon v. LVNV Funding, LLC, 2010 WL 1838637 (N.D. Ohio 2010) and 2010 WL 2332692 (N.D. Ohio 2010)
  • Brill v. Financial Recovery Services, Inc., 2010 WL 5825480 (D. Neb. 2010)
  • Lougee v. Ad Astra Recovery Services, Inc., 2010 WL 2077178 (D. Colo. 2010)
  • Mack Financial Services v. Tim Flanigan Trucking, Inc., 2010 WL 234729 (D. Minn. 2010)
  • Jiminez v. Accounts Receivable Management, Inc., 2010 WL 5829206 (C.D. Cal. 2010)
  • Waite v. Financial Recovery Services, Inc., 2010 WL 5209350 (M.D. Fla. 2010)
  • Vinton v. Certegy Check Services, 1:08-cv-881 (W.D. Mich. 2009)
  • Hollis v. Northland Group, Inc., 2009 WL 250075 (D. Minn. 2009)
  • Grim v. West Publishing Corp., 08-1264 (Berks County, PA 2008)
  • Hernandez v. Palisades, 3:06-CV-1382 (D. Conn. 2008)
  • Cerjaweski v. Financial Recovery Services, Inc., 2008 WL 3091318 (N.D. Ind. 2008)
  • Stampley v. LVNV Funding, LLC, 583 F. Supp. 2d 960 (N.D. Ohio 2008)
  • Sivak v. LVNV Funding, LLC, 3:06-CV-01400 (D. Conn. 2007)
  • Posso v. Asta Funding, Inc., 07-C-4024 (N.D. Ill. 2007)
  • Galbraith v. Resurgent Capital Services, 2006 WL 2990163 (E.D. Cal. 2006)
  • Jackson v. Financial Recovery Services, Inc., 1:05-cv-023 (D. N.D. 2006) 
  • Perera v. Blue Ribbon et. al., CV-04-1668 (D. Oregon 2005) 
  • Malm v. Household Bank, 2004 WL 1559370 (D. Minn. 2004)
  • Richardson v. AllianceOne Receivables Management, 2004 WL 867732 (S.D. N.Y. 2004) 
  • Wiegand v. JNR Adjustment Co., 2002 WL 724456 (D. Minn. 2002)
  • Alexander v. Omega Management, 67 F. Supp. 2d. 1052 (D. Minn. 1999)

Attorneys

Professionals

News & Insights

News

Events

Publications

Multimedia

Moss & Barnett, John Rossman, and Mike Poncin are pleased to present the audio blog – now videocast series (as of January 2022), The Debt Collection Drill. John and Mike provide sage tips and ongoing intelligence for debt professionals. In the blog and videocast archives, you can review detailed tactics on emerging issues in the credit industry and their analysis and solutions to the challenges the collection industry faces daily. John and Mike invite your readership and comments.

View The Debt Collection Drill Videocast:

Listen to past episodes of the audio blog The Debt Collection Drill on Apple Podcasts

Listen to past episodes of the audio blog The Debt Collection Drill on Google Podcasts

Listen to past episodes of the audio blog The Debt Collection Drill on Amazon

You can also view and listen to all episodes of The Debt Collection Drill below:

Social Media

Aylix K. Jensen offers analysis and insights for the debt collection industry in her monthly newsletter, The Safe Harbor: Debt Collection Law Update by Aylix Jensen. This monthly newsletter provides an update of changes and developments in the law that impact the debt collection industry. It highlights new debt collection laws and practices, discusses what these may mean for the collection industry, and provides tips to ensure compliance.

April 2022 Edition

March 2022 Edition

Learn More About Our Financial Services Practice

Compliance and litigation defense are complementary components for the financial services industry. Moss & Barnett works closely with clients to create and update compliance programs. We seek to avoid litigation through compliance and provide national guidance on key issues such as statutes of limitation, licensing, and consumer disclosures. Companies seeking legal advice on any issue know that we have typically already researched the issue in other contexts and can leverage that base of knowledge to provide cost-effective answers. Our clients include national banks, automobile lenders, information companies, and fintech companies – including marketplace lenders and companies offering income share agreements – in addition to collection agencies and debt buyers.

We foster and enjoy robust relationships with numerous state and federal regulators. Lawyers in our office meet frequently with federal regulators in Washington, D.C. and communicate with state collection agency regulators, who frequently seek our informal input on issues. Moss & Barnett clients benefit from our relationships with the regulators who enforce laws that are often open to broad and varying interpretations.

Additionally, we provide successful 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 have substantial experience representing secured and unsecured creditors and other interested parties in proceedings under the U.S. Bankruptcy Code. Our counsel includes:

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

Moss & Barnett is often consulted when a company is facing “lost cause” litigation and contemplating paying enormous sums of money to settle a case. While our published court victories are well-known, our work behind the scenes to quietly – and often reasonably – resolve cases provides the greatest value to our clients.

Lawyers on our team are admitted to practice in some or all of the federal district courts located in the following states:

  • Arkansas
  • Colorado
  • Connecticut
  • Illinois
  • Indiana
  • Michigan
  • Minnesota
  • Missouri
  • Nebraska
  • New York
  • North Dakota
  • Ohio
  • Pennsylvania
  • Tennessee
  • Texas
  • Wisconsin
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