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Spilman Thomas & Battle, PLLC

Debra Lee Allen

Debra Lee Allen

Co-Chair, Consumer Finance Group
Member

Spilman Thomas & Battle, PLLC
West Virginia, U.S.A.

tel: 304.291.7951
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Local Time: Thu. 00:03

Profile
Ms. Allen’s primary areas of practice are commercial consumer finance litigation, general business litigation, bankruptcy, and loan workouts and commercial foreclosures.

Bar Admissions

Admissions

  • West Virginia State Bar
  • Maryland State Bar
  • Pennsylvania State Bar
  • Texas State Bar
  • United States District Courts for the Northern and Southern Districts of West Virginia
  • United States District Court for the District of Maryland

Education

  • Cornell University, B.S.
  • University of Wisconsin, M.S.
  • South Texas College of Law, J.D., summa cum laude
Areas of Practice
Professional Career

Significant Accomplishments

  • Defend and counsel financial institutions, including banks, mortgage companies and servicers, in single borrower, mass tort and putative class action matters involving state and federal consumer protection laws, including the Fair Credit Reporting Act, Truth in Lending Act, Fair Debt Collection Practices Act, and unfair and deceptive trade practices statutes
  • Represent banks in commercial work-outs, real estate disputes, real estate sales, and commercial bankruptcies
  • Represent creditors and trustees in business and consumer bankruptcy proceedings and adversary proceedings
  • As in-house counsel for CitiFinancial, Inc., SunTrust Mortgage, Inc., and Capital One Services, LLC:
  • Managed large litigation dockets, including individual, complex and putative class action matters
  • Advised consumer lending business lines, including operations, default servicing, capital markets, credit, audit and compliance, and information systems
  • Developed loss mitigation strategies with mortgage servicing teams navigated complex legal issues for mortgage insurance rescission and repurchase teams
  • Counseled a non-prime mortgage servicing company, covering default servicing, securitization, regulatory compliance, litigation management, and successfully negotiated sale of the business

  • Articles

    Publications & Presentations

    • 2015 Legislative Changes to the West Virginia Consumer Credit and Protection Act, (Summer 2015)
    • Sostaric v. Marshall: Putting the Foreclosure Sale Price in Question, West Virginia Banker, (Spring 2015)
    • Curing the QM: The CFPB's Recent Amendments to the ATR/QM Rule, West Virginia Banker, (Winter 2014)
    • The Small Servicer Exemption to the Consumer Financial Protection Bureau's Mortgage Servicing Rules, West Virginia Banker, (Summer 2014)
    • Preemption Analysis Under the National Bank Act: Then and Now, 66 Consumer Fin. L. Q. Rep. 1-2 (2012)
    • Bankruptcy Fundamentals for the Financial Services Industry, A Handbook for Non-Lawyers, American Bankruptcy Institute, 2007
    • Sommersdorf’s Progeny: Can Wrong Credit Report Trigger a Debtor Claim under the Code?, XXVI ABI Journal 5, 14, June 2007
    • Qualified Plan Loans in Bankruptcy, XVIII ABI Journal 1, 16, February 1999
    • Bankruptcy Court Ruling Good News for Agents, 31 Business Insurance 1, 161-16K, January 6, 1997
    • Beyond the Tortured Meanderings: Understanding Federal and State Tax Liens, VII Corporate Counsel Review 2, 79, November, 1988


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