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Can you still collect if the debtor has filed for bankruptcy?

Collections Law

There is no question that a bankruptcy filing can frustrate your attempt to collect on a debt from another business in Massachusetts. You may still receive some payment through bankruptcy, even if you cannot collect on the entire amount the business owes you. You should not give up, though. At Law Offices of Alan M.

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Commercial Debt Collection for Businesses – 2023 Guide

Direct Recovery

In most cases, some qualifications and credentials will be required to distinguish that you are working with a reputable collection agent. Reasons Businesses Hire Debt Collectors Most businesses that hire commercial debt collectors do so to pursue non-payment of invoices and outstanding balances.

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SBA Loans: Offers in Compromise

Jimerson Firm

4) Collection of the loan balance is not barred by a valid legal defense, such as discharge in bankruptcy or the statute of limitations; (5) The borrower has not engaged in fraud, misrepresentation, or other financial misconduct; and. (6) illness), paying it would cause financial hardship. (4) SOP 50 57 ; SOP 50 55.

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Overview of Florida’s New Uniform Commercial Real Estate Receivership Act

Jimerson Firm

Importantly, the Act gives the court a new power to, similar to as in bankruptcy proceedings, stay certain actions to enforce claims against receivership property. Make a distribution of receivership property. Any other information required by the court. 714.23, Fla. 714.14, Fla.

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How to Maximize Recovery on a SBA Loan by Negotiating a Workout Agreement

Jimerson Firm

Essentially, a workout agreement restructures the material terms and conditions of the SBA loan in order to: avoid actions such as foreclosure or bankruptcy; allows the borrower to cure the default and improve their ability to repay the loan; and enables the lender or CDC to maximize their recovery on the loan. SOP 50 57 ; SOP 50 55.

Loans 98
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Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges – Part 3: Commercial Mortgage Default Options Including Acceleration and Enforcement of Personal Guaranties

Jimerson Firm

For example, when a borrower becomes insolvent or files for bankruptcy, the lender can still attempt to mitigate its damages by seeking to recover all or a portion of its damages from the guarantor. However, the indebtedness can be collected only once, and any payment on any of the judgments must be credited to the others.”).

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