Financial Services

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.

Litigation Defense and Regulatory Compliance Counsel

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.

National Creditor Bankruptcy Counsel

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

A Valued Partner

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.

Where We Practice

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

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

Lawyers on our team are admitted to practice in the following United States Courts of Appeal:

• Second
• Third
• Sixth
• Seventh
• Eighth

The Safe Harbor: Debt Collection by Aylix Jensen

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.

September/October 2022 Edition

August 2022 Edition

July 2022 Edition

June 2022 Edition

May 2022 Edition

April 2022 Edition

March 2022 Edition