Sawin & Shea

APRIL 13, 2021

What you will learn from reading this article: Facts about selling your home while going through bankruptcy. Details about Chapter 7 and Chapter 13 Bankruptcies and your house. You will need the advice of an experienced bankruptcy attorney as soon as possible! Can you sell your house if you are in a foreclosure situation?

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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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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?

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FFGN COLLECT NY

JUNE 12, 2022

Are you or your collection attorney attempting debt collection efforts even though the debtor filed for bankruptcy? If so your collection attorney is exposing you, the law firm, and themselves to personal liability for a money judgment that could far exceed your claim. We notified the client and closed our file.

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Consumer Financial Services Law

AUGUST 27, 2019

Enloe A First Circuit Bankruptcy Appellate Panel (the “Panel”) recently held that a mortgage company’s communications did not violate the discharge injunction when viewed under an objective standard and considering the facts and circumstances surrounding the communications. By Caren D. 21st Mortg. 427 (2019).

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PBWT

SEPTEMBER 8, 2021

Debtors and trustees seeking to avoid the hardship of a foreclosure often attempt to employ sections 547 and 548 of the Bankruptcy Code. [1] A recent adversary proceeding in the United States Bankruptcy Court for the District of New Jersey, Cedrick Goodman v. Debtor filed his bankruptcy on January 15, 2020.

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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. A creditor with a claim must often take affirmative action by filing a “proof of claim” form in order to preserve and protect its rights to payment. A claim, in short, is a right to payment.

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Credit Corp

JUNE 14, 2023

A charge-off is when the creditor officially writes your debt off its books as a loss. Keep in mind that a creditor writing off your unpaid debt as a loss doesn’t mean you don’t owe the debt. Your creditor may sell your charged-off debt to a collection agency for pennies on the dollar.

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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.,

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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?

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Better Credit Blog

APRIL 1, 2022

Whatever you’re dealing with, late payments, collections, charge-offs, or foreclosures, the following techniques can clean up your credit quickly. Write a letter to the original creditor or collection agency and ask them to remove the negative entry from your credit history as an act of goodwill.

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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.

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Debt Free Colorado

APRIL 9, 2020

Below you’ll find some strategies for working with your creditors and deciding which bills are the most important if you can’t pay them all. Reach out to your creditors. The decisions regarding which creditors get paid and which do not can have long term consequences and will require a strategy. Triage your finances.

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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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ABI

JANUARY 20, 2020

American Bankruptcy Institute Law Review , Staff Member. In a debtor/creditor relationship, a debtor may explicitly, or implicitly, waive their rights. 2] The judgments were then recorded as judgment liens on property owned by the Debtor (the “Artesian Property”).” [3] and any creditor. and any creditor.

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Debt RR

DECEMBER 13, 2019

There are 35 major bankruptcies in 2019 so far, and over two-thirds happened in retail. Creditors usually send several notices prior to filing a complaint with the court. In fact, the creditor will need to show the court its attempts at collecting the debt and its notice of intent to sue in order to prove its case.

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BN Lawyers

JANUARY 14, 2019

the defendant initiated non-judicial foreclosure proceedings during the consumer’s thirty-day FDCPA validation period. Trott filed a response opposing the injunction, and just hours prior to the hearing on the motion for the preliminary injunction, Scott filed for Chapter 13 bankruptcy. Trott Law, P.C. ,

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Better Credit Blog

DECEMBER 29, 2020

They let creditors access your reports to decide whether or not you’re a risky borrower. We also suggest contacting the creditor, in this case, Credit First National Association, to explain the situation and get more information. In addition to inquiries, they can be a great asset if you’re struggling with the effects of: Bankruptcy.

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Better Credit Blog

AUGUST 7, 2020

Writing and calling creditors and credit bureaus can be quite stressful and time-consuming, especially if you have a more complicated credit situation. If you’d like to leave the hassle of dealing with creditors to someone else, we recommend working with a credit repair company. Foreclosure. Charge offs. Debt collectors.

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Better Credit Blog

OCTOBER 21, 2020

TU Interactive is most likely on your report because it was used by a lender or creditor in their vetting process. They can deal with disputing and removing trickier entries, assisting you with issues like: Bankruptcy. Foreclosures. If you recently applied for credit, a hard pull could have been done on your TransUnion report.

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Debt Free Colorado

DECEMBER 9, 2021

Are you considering bankruptcy? Bankruptcy is a challenging, life-altering experience. . If you are considering consulting with an attorney about your debt-relief options, it is essential to remember that each type of bankruptcy comes with its advantages and disadvantages. . Advantages of Chapter 7 Bankruptcy.

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Better Credit Blog

JANUARY 29, 2021

Hard inquires give creditors an all-access pass to your credit reports. Not only can a few points here and there accumulate, but you also end up looking like an unstable borrower to potential creditors. A credit repair company is also a great asset if you’re facing any of the following: Bankruptcy. Foreclosure.

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Better Credit Blog

DECEMBER 31, 2020

Depending on how many reports the creditor uses, one or more of your scores could be impacted by your application. Bankruptcy. Foreclosures. But when you take it a step further and actually apply for a credit card, like the Victoria’s Secret card from Comenity, your credit report is subject to a hard inquiry. Repossessions.

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Better Credit Blog

JANUARY 21, 2021

Contacting creditors, banks, and credit bureaus can take a lot of time and energy. These companies can also help you face a range of credit issues that can do even more damage to your credit, like: Bankruptcy. Foreclosures. Get Help from a Credit Repair Company. Charge offs. Debt collections agencies. Delinquent payments.

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Better Credit Blog

JANUARY 29, 2021

The company provides Experian, Equifax, and TransUnion credit report data, along with predictive tools to help creditors through the underwriting process. They can help you tackle issues like: Bankruptcy. Foreclosures. Charge offs. Debt collections entries. Identity theft. Late payments. Repossession.

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Better Credit Blog

JANUARY 29, 2021

Hard credit pulls let creditors see your credit reports , giving them an idea of how responsibly you use credit. In addition to disputing hard inquiries, they can also assist you with: Bankruptcy. Foreclosure. Charge-offs. Debt collectors. Poor payment history. Repossession.

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Better Credit Blog

JANUARY 6, 2021

Whenever you apply for a credit card, the creditor might only obtain one of your reports, or they could opt for all three. These businesses are adept at tackling big and small credit issues, including: Bankruptcy. Foreclosure. Your score might also undergo an inquiry when you apply for a new job or rental property. Charge-offs.

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Better Credit Blog

DECEMBER 9, 2020

When you apply for a card, the creditor could request your Equifax, Experian, or TransUnion report, or a combination of the three. These industry experts can help you with more trying credit problems, too, such as: Bankruptcy. Foreclosure. That means each of your scores and reports could be impacted by the application.

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Better Credit Blog

JANUARY 21, 2021

You can also put a fraud alert on your credit reports, as well as enabling a credit freeze , which blocks creditors from accessing your reports in order to approve new credit applications. These include: Bankruptcy. Foreclosures. One of the keys to improving your credit and keeping your score high is to monitor your credit.

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Better Credit Blog

JANUARY 5, 2021

They grant creditors access to your full credit reports, and they’re required any time you apply for funding. Bankruptcy. Foreclosure. This kind of inquiry has virtually no effect on your credit, leaving your score untouched and staying off your report. Hard inquiries are a bit more extensive. Charge offs. Repossession.

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Better Credit Blog

JANUARY 5, 2021

They grant creditors access to your full credit reports, and they’re required any time you apply for funding. Bankruptcy. Foreclosure. This kind of inquiry has virtually no effect on your credit, leaving your score untouched and staying off your report. Hard inquiries are a bit more extensive. Charge offs. Repossession.

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Better Credit Blog

DECEMBER 30, 2020

When you get pre-qualified for financing from Dell or any other lender or creditor, all that’s involved is a soft inquiry. Foreclosure. Bankruptcy. If you are overwhelmed by dealing with negative entries on your credit report, we suggest you ask a professional credit repair company for help. Ask Lex Law for Help. Repossessions.

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Sawin & Shea

SEPTEMBER 20, 2023

If you’re in a financial bind, your best option might be to seek a fresh start through Chapter 7 bankruptcy. In most cases, you don’t forfeit your home when you file for Chapter 7 bankruptcy. What is Chapter 7 Bankruptcy? From July 2020 to June 2021, there were 15,719 bankruptcies filed in Indiana. Can I Keep My Home?

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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. Fabrizio & Brook, P.C., LEXIS 33450 (E.D.

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Better Credit Blog

APRIL 11, 2022

Your creditors will report on your credit accounts regularly. Each time there’s activity on your account — such as a payment, a payoff, or a late payment — the creditor should update the credit bureaus. Account information for each credit item will include the following: Name and address of the creditor. Foreclosure.

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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. 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.

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Collection Industry News

SEPTEMBER 23, 2020

Default Judgments in Debt Collection Cases. The survey data showed that more than 70% of debt collection suits ended in default judgments. That means that the court entered an order in favor of the creditor or debt collector because the consumer did not show up or did not file necessary paperwork. . Filing bankruptcy.

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