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As Chapter 11 Bankruptcy Filings Surge, Here’s What Creditors Need to Know to Protect and Enforce Their Rights

Fraser

Creditors of a bankrupt company must be aware of the various deadlines and procedures that govern the chapter 11 process in order to protect and enforce their rights. For creditors to maximize their recoveries, they must stay informed and take action during a bankruptcy proceeding. The Petition Date. Proof-of-Claim Bar Date.

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Daily Digest – December 5. Senate Bill Aims to Restrict Medical Debt Collections; Calif. Appeals Court Upholds Ruling for Creditor in RFDCPA Case

Account Recovery

SENATE BILL SEEKS TO PLACE RESTRICTIONS ON MEDICAL DEBT COLLECTION A bill has been introduced in the Senate that seeks to cap the interest rate that can be charged on unpaid medical debts, create a private right of action, and force providers to wait 180 days after a bill has been sent before engaging in … The post Daily Digest – December 5.

Creditors 240
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Calif. Appeals Court Dismisses Case Over Motion to Compel Arbitration

Account Recovery

The California Court of Appeals has dismissed an appeal filed by a plaintiff who sued a creditor that purchased a debt, its attorney, and the law firm that was used to collect on the debt claiming that they violated state and federal laws because the right to compel arbitration was not transferred to those entities […]

Law Firms 130
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Judge Denies Defendant’s MSJ, Partially Grants Plaintiff’s Motion in FDCPA Case

Account Recovery

A District Court judge in California has partially granted a plaintiff’s motion for summary judgment while denying a defendant’s motion in a Fair Debt Collection Practices Act case, ruling that the defendant violated its discovery obligations by not providing documentation to prove the current creditor owned the debt in question and had (..)

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Appeals Court Re-Affirms Ruling for Defendant Accused of Collecting Without License

Account Recovery

Asked for a do-over, a panel of judges from the Court of Appeals for the Tenth Circuit decided they were right the first time and affirmed a District Court ruling in favor of a creditor that was sued for violating the Fair Debt Collection Practices Act because it was not licensed as a collection agency […]

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Appeals Court Upholds Creditor’s Right to Collect After Issuing 1099-C Notice to Plaintiff

Account Recovery

A … The post Appeals Court Upholds Creditor’s Right to Collect After Issuing 1099-C Notice to Plaintiff appeared first on AccountsRecovery.net.

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Daily Digest – June 16. Complaint Accuses Collector of Not Including Opt-Out in Email; Appeals Court Rejects Challenge to Nevada Collection Law

Account Recovery

COMPLAINT ACCUSES COLLECTOR OF NOT INCLUDING OPT-OUT IN EMAIL COMMUNICATION APPEALS COURT REJECTS INDUSTRY’S SUITS AGAINST NEVADA COLLECTION LAW APPEALS COURT UPHOLDS AWARD OF $286K TO CREDITOR IN TCPA CASE HUMAN RIGHTS WATCH CALLS OUT HOSPITALS FOR ‘ABUSIVE’ COLLECTION PRACTICES WORTH NOTHING: Watch what a world record for solving (..)