The Creditors Rights

JUNE 21, 2016

Section 523(a)(2)(A) of the Bankruptcy Code allows a creditor to obtain a judgment denying its debtor a discharge of debts incurred by false pretenses or actual fraud. Congress added the term “actual fraud” when it enacted the Bankruptcy Code in 1978. Ritz , 2016 WL 2842452 (2016). Chrysalis Manufacturing Corp.

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Burr Forman

JANUARY 7, 2022

From Burr & Forman’s Jacksonville office: Armando Nozzolillo is a member of the firm’s Creditors’ Rights and Bankruptcy practice group. About Burr & Forman LLP.

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The Creditors Rights

JULY 5, 2016

Lenders often go to great lengths to ensure their borrowers are Special Purpose Entities —entities whose assets will not be commingled with the assets of parent or affiliated companies—rendering bankruptcy filings by the SPE less likely. In Opportunity Finance , the debtors were Petters Company, Inc. (“PCI”) 3d 810 (8 th Cir.

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The Creditors Rights

AUGUST 30, 2016

Ronald Neff was a dentist against whom his patient, Douglas DeNoce, obtained a judgment for malpractice. Neff then filed his third bankruptcy case, a chapter 7 proceeding, more than one year following the recording of the quit-claim deed. This first chapter 13 case was dismissed, as was a second chapter 13 case filed by Neff.

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Jimerson Firm

AUGUST 7, 2020

While the traditional common law grounds for the appointment of a receiver remain, the Act also offers additional grounds and provides lenders with valuable options to protect their interests in the commercial property, including the right of receivership after judgment. 714.14, Fla.

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Jimerson Firm

JULY 30, 2020

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. Additionally, Florida law provides that there can be multiple judgments for the same debt but the same debt can only be collected once.

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