Sawin & Shea

FEBRUARY 16, 2022

An emergency bankruptcy is a bankruptcy filing method that expedites the filing process to stop creditors and bill collectors from seeking debts from borrowers. Individuals can file an emergency bankruptcy, also known as a skeleton bankruptcy, under Chapter 7 and Chapter 13. When to File an Emergency Bankruptcy.

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Troutman Sanders

MARCH 1, 2023

In 2017, the Lender moved for summary judgment against Mr. Kessler on its foreclosure complaint. Mr. Kessler cross-moved to dismiss, arguing that the inclusion of the final two paragraphs in his 90-day notice, addressing bankruptcy status and military membership, violated section 1304’s “separate envelope” provision.

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Debt Free Colorado

OCTOBER 12, 2023

What Our Bankruptcy Attorneys Can Help With When Filing Bankruptcy in Colorado Financial burdens and the possibility of a new beginning can trigger various emotions. If you have already decided to file for bankruptcy, it is crucial to tackle this challenging undertaking with a balanced mentality.

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Jimerson Firm

OCTOBER 9, 2020

In 2010, the Florida Supreme Court approved an amendment to the Florida Rules of Civil Procedure regarding mortgage foreclosures and enacted new forms, such as Form 1.996(b), Motion to Cancel and Reschedule Foreclosure Sale. Form 1.996(c), Motion to Cancel and Reschedule Foreclosure Sale. In re Amendments To The Fla.

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Collection Industry News

JULY 18, 2022

Loan portfolio delinquencies for both bank and non-bank servicers remained stable in the first quarter of 2022 from the fourth quarter of 2021 and improved in certain categories,” said Fitch Structured Finance Director Richard Koch. Non-bank servicers, however, saw loan modification volume increase slightly to 21% from 20%.

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Sawin & Shea

JUNE 18, 2020

If you’re filing for bankruptcy, you might be assuming that you’ll lose your house and personal property. How Do I Protect My Home During Bankruptcy? During your bankruptcy, you can protect your home in two main ways. So if you’re about to lose your home, you may be able to use bankruptcy to stop the process.

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Sawin & Shea

AUGUST 4, 2021

For the lender, it’s all about the bottom line, and if they think they can get more money from a foreclosure, they won’t agree to a short sale. If you are struggling to pay other debts, a bankruptcy will make more sense for you. What if you file for Chapter 7 bankruptcy? Is it better than bankruptcy? What is worse?

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Roths Child Law

APRIL 16, 2021

Once foreclosure starts, you need to act quickly or risk losing everything you have invested in your home. On the banks of the majestic Potomac River stands a mansion of over 23,000 square feet that includes a bowling alley and 15-car garage, along with other amenities. Bankruptcy can be a powerful tool for those facing foreclosure.

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Jimerson Firm

MAY 19, 2021

Although a lender may have won the battle by obtaining a final judgment of foreclosure from the court, it may not win the war. Although a lender may not be able to avoid this from happening, it should be aware of how and why their final judgment of foreclosure may be set aside. Why Would a Final Judgment of Foreclosure be Set Aside?

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Troutman Sanders

APRIL 28, 2023

Colorado just became the latest state to recognize that a borrower’s bankruptcy discharge does not accelerate secured installment debt or trigger the final statute of limitations period to recover the debt. On April 24, the Colorado Supreme Court issued a highly anticipated decision, available here.

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Consumer Financial Services Law

MARCH 15, 2019

A district court in Michigan recently dismissed an FDCPA action, holding that a letter which included a bankruptcy disclaimer was for informational purposes only and did not violate the FDCPA. In those cases, the Sixth Circuit concluded that foreclosure proceedings are debt collection. successor by merger to LaSalle Bank Midwest, N.A.

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Sawin & Shea

SEPTEMBER 14, 2022

When filing Chapter 7 or Chapter 13 bankruptcy, it’s critical to understand the difference between consumer debt and non-consumer debt. Your consumer and non-consumer debts impact your ability to file Chapter 7 bankruptcy, and your debt types also determine what’s protected by an automatic stay when filing Chapter 13 bankruptcy.

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ABI

JANUARY 22, 2023

John's University School of Law American Bankruptcy Institute Law Review Staff Title 11 of the United States Code (the “Bankruptcy Code”) contains certain provisions addressing “single asset real estate” or “SARE.” [i] million construction loan from Evertrust Bank (“Evertrust”) to build a hotel. [v] Paul Spagnoli St.

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Better Credit Blog

DECEMBER 31, 2020

Have a hard inquiry on your credit report from Comenity Bank/VCTRSSEC? Comenity Bank/VCTRSSEC On My Credit Report. Comenity Bank is a premier producer of retail credit cards, partnering with 145 popular brands to offer credit cards to consumers. How Does a Comenity Bank/VCTRSSEC Hard Inquiry Affect Your Credit Report?

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Banks Retail Lender Repossession 89

Fraser

SEPTEMBER 28, 2020

When a company files for bankruptcy and it owes you money, it means you have a “claim” in the debtor’s bankruptcy proceedings. The bankruptcy court will establish a deadline, or “bar date,” by which claims must be filed. A claim, in short, is a right to payment. Do You Have to File a Claim? By When Must You File a Claim?

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Fraser

JULY 21, 2020

As the bankruptcy wave continues to build, more businesses are being forced to deal with bankrupt customers. What’s worse—and which often comes as a big surprise—is when a business gets sued by the debtor or bankruptcy trustee seeking to recover payments made by the debtor before the bankruptcy. What is a Preference Lawsuit?

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Fraser

JUNE 25, 2020

It should come as no surprise, therefore, that the economic downturn has led to a surge in corporate bankruptcy filings. According to data from Epiq Global, 722 companies sought bankruptcy protection around the U.S. For creditors to maximize their recoveries, they must stay informed and take action during a bankruptcy proceeding.

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Burr Forman

AUGUST 19, 2021

Paul Durdaller – Atlanta, Litigation and Banking and Finance. David Houston IV – Nashville, Litigation and Bankruptcy. Paul Durdaller – Litigation, Banking and Finance. Erich Durlacher – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. . – Mobile, Construction Law. 2022 Best Lawyers in America.

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Credit Corp

APRIL 26, 2024

The IRS provides a list of exclusions, which include debts that were forgiven because you were insolvent or involved in certain types of bankruptcies. You may want to double-check with your bankruptcy lawyer about whether you need to claim 1099-C income relevant to your bankruptcy discharge. Bankruptcy Title 11 B.

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Account Recovery

FEBRUARY 16, 2023

I will admit that I scrolled past this ruling the first time I saw it — largely because it had to do with a mortgage foreclosure and because the ruling itself is really long (and I mean really long) — but someone who knows a lot more about the law in this industry pointed it … The post BK Judge Substantially Reduces Fee Award in Decade-Long (..)

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Better Credit Blog

AUGUST 19, 2020

The court will create a public record for bankruptcies, foreclosure, or failure to pay taxes. Bankruptcies. If you are reading this article because you want to remove a bankruptcy from your credit report, I have some bad news for you. Even if you have a bankruptcy on your credit report, the effects won’t last forever.

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Jimerson Firm

FEBRUARY 10, 2022

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. Bank of Am. , Charging Off” Uncollectable Debt. For example, in Ware v.

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Better Credit Blog

DECEMBER 9, 2020

Is Belk/Synchrony Bank on your credit report as a hard inquiry? Belk/Synchrony Bank On My Credit Report. Belk/Synchrony Bank may show up on your report if you apply for a Belk retail credit card. Synchrony is the bank that issues these rewards cards. Foreclosures. They also offer cards for shoppers at: ABT.

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Sawin & Shea

APRIL 26, 2023

If the creditor has your date of birth and social security number, they may be able to garnish your bank account and apply that money toward your debt balance. If that’s not possible for you, another option is to avoid it through Chapter 7 or Chapter 13 bankruptcy court. Contact us to schedule a free consultation – 317-759-1483.

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Collection Industry News

DECEMBER 21, 2020

Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed. Wells Fargo Bank , N.A., 1328(a).

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Titan Consulting

JULY 22, 2020

In light of the pandemic, Banks are raising lending requirements, and in some cases, pausing applications for HELOCS and other credit lines. Unfortunately, banks are taking steps to block your access to cash when you need it the most. Bank Lending Policies. How Are Refinances and Home Purchases Affected by the Pandemic?

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Jimerson Firm

SEPTEMBER 22, 2020

Parts 1-3 of this series explored alternative pre-foreclosure loss mitigation options for lenders including acceleration and enforcement of personal guarantees. The answer to the question of whether hotel revenues constitute rent under Section 697.07, Florida Statutes, may depend upon the district in which the foreclosure action is pending.

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Foreclosure Lender Law Firms Collections 98

ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Law Review Staff Under section 548 of title 11 of the United States Code (the “Bankruptcy Code”), a trustee may avoid any transfer or obligation incurred if the debtor had actual intent to hinder, delay, or defraud creditors. [1] John Hayes St. 30] [1] 11 U.S.C. §

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Jimerson Firm

JULY 30, 2020

Part 2 of this series analyzed pre-foreclosure loss mitigation options for lenders dealing with hotel/restaurant mortgage defaults. Bank of America, N.A., and a foreclosure sale netted the lender $3,675,000 leaving a deficiency of $918,398.49. Bank, N.A. See, e.g. , Flagship Bank of Orlando v. 2d 1113, 1114 (Fla.

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Debt Free Colorado

APRIL 9, 2020

You can work directly with the mortgage lender on a loan modification, or reach out to the Colorado Foreclosure Hotline for free assistance. To speak with a Colorado attorney experienced in debt relief and bankruptcy, call The Law Office of Clark Daniel Dray at (303) 900-8598 or use the tool below to scheduled a free consultation.

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Student loans Student Loans Chapter 13 bankruptcy Chapter 7 bankruptcy 82

Troutman Sanders

FEBRUARY 8, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. The act would reform the current bankruptcy code due to the COVID-19 pandemic. You may access this interactive tool at [link].

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Financial services Foreclosure Student loans Student Loans 52

Jimerson Firm

AUGUST 7, 2020

The Act codifies existing common law in Florida regarding the right to have a receiver appointed by the court in commercial foreclosure actions, and provides much needed clarity, predictability, and uniformity on the standard for the appointment of a receiver and the powers of receivers. What is the Purpose of the Act? Conclusion.

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Collection Industry News

AUGUST 25, 2020

No doubt, delinquent consumer debt will cause bankruptcies and foreclosures, flooding our courts and weakening our communities. credit counseling agencies, creditors and banks to launch a new, nationwide program for people in financial distress from the coronavirus crisis. billion in foreclosures and community costs.

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Troutman Sanders

FEBRUARY 13, 2024

On February 8, a New York bankruptcy judge ruled against cryptocurrency exchange Gemini’s claim that it has a secured claim on more than $800 million in Genesis Global Capital assets. On February 5, several banking and commerce associations filed a complaint in the U.S. The final settlement required the defendants to pay $10.9

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ABI

JANUARY 20, 2020

American Bankruptcy Institute Law Review , Staff Member. In In re Parkland Properties , the Bankruptcy Court for the Northern District of Illinois held that a debtor may implicitly waive its right to enforce a reorganization plan confirmed under Chapter 11 of Title 11 of the United States Code (the “Bankruptcy Code”). [1]

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Debtor Foreclosure Bankruptcy Legal Rights 40

Jimerson Firm

NOVEMBER 11, 2020

a bankruptcy filing, business shutdown, or foreclosure by a prior lienholder) that caused the loan to be classified in liquidation status or sooner if the collateral could be removed, lost, or dissipated. Within fifteen (15) days of the occurrence of an adverse event (i.e.

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Collateral Loans Lender Repossession 98

Better Credit Blog

NOVEMBER 17, 2020

While it might look like a random jumble of letters, BRCLYSBANKDE is actually Barclays Bank of Delaware. It can show up on your report as a hard inquiry when you apply for a credit card or a loan from a popular bank. What Is Barclays Bank Delaware On My Credit Report? What Is Barclays Bank Delaware On My Credit Report?

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