Remove 2014 11
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Can Banks be Liable for Processing or Underwriting a Loan that a Borrower Cannot Afford?

Jimerson Firm

Oftentimes, individuals or businesses borrow money from a bank or lender, and unfortunately, are unable to pay the loan payments. In this event, the borrower may try to shift the blame of their inability to pay on the bank or lender, by filing a claim for negligent loan processing or underwriting, and/or breach of fiduciary duty.

Banks 98
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Business Insolvencies at their highest since 1993

UK debt collections

Oliver Collinge, a director at restructuring and insolvency firm, PKF GM, said: ‘There is no doubt that higher interest rates and continuing cost pressures have seriously impacted many UK businesses, with one in 186 active companies entering insolvent liquidation in 2023 – the highest rate seen since Q3 2014. Last year 53.7

Trade 75
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Court Refused to Discharge Student Loans Until Debtor Reaches 70 Years Old

ABI

In general, a student loan may not be discharged under title 11 of the United States Code (the “Bankruptcy Code”) unless the debtor demonstrates “undue hardship.” [1] in student loan debt from the Department of Education (D.O.E), which qualified for the Revised Pay as You Earn (REPAYE) income-driven plan. [5]

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Debts Based on Fraudulent Misrepresentations of Fact may not be Discharged

ABI

John's University School of Law American Bankruptcy Institute Law Review Staff Under title 11 of the United States Code (the “Bankruptcy Code”), a debtor may be discharged of his or her debts. [1] 5] On July 23, 2014, Jonathan Mover (“Mover”) initially loaned $150,000 to Jaurigui and Swing House. [6] Shoemaker St.

Debtor 40
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Can a Lender Pursue Debt Collection After a Charge Off and 1099-C Issuance?

Jimerson Firm

The first consideration that lenders (banks and credit unions alike) often face is when, and if, to conclude that the account owner does not intend to, or is not able to, clear the negative balance or loan deficiency. As a result, a loan that is charged off is written off and deemed a loss of principal and interest. See Caplinger v.

Lender 98
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Timing is Everything: 11th Circuit Finds Loss Mitigation Application Untimely

Consumer Financial Services Law

Ocwen Loan Servicing, the court considered whether the mortgage servicer had an obligation to evaluate a loss mitigation application when, at the time the completed application was submitted, a foreclosure sale was scheduled to occur in two days. Ocwen Loan Servicing, 2016 U.S. LEXIS 18264 (11 th Cir.

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District Court Reverses Bankruptcy Court Order Imposing Sanctions on Mortgage Servicer

Consumer Financial Services Law

The bankruptcy court order held mortgage servicer Newrez, LLC (“Newrez”) and the holder of the mortgage note at issue in civil contempt for failing to abide by the terms of the individual debtors’ confirmed chapter 11 plan (the “Plan”). Newrez, LLC v. Beckhart , No. 7:20-cv-00192-BO, 2021 U.S. LEXIS 125293, at *1 (E.D.N.C. July 6, 2021).