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Florida Bankruptcy Court Sanctions Debt Buyer for Seeking to Collect Debt that Consumer Failed to Schedule in Bankruptcy Case

Troutman Sanders

The debt purchaser in In re McIntosh argued that because it was enforcing a debt that was not listed correctly on the debtor’s bankruptcy schedules, it was entitled to assume the debt had not been discharged. As background, in 2002, the debtor and her then-spouse jointly filed a “no asset” Chapter 7 bankruptcy petition.

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What Are Preferential Payments in Bankruptcy?

Sawin & Shea

Before someone makes a bankruptcy filing, it is not uncommon for debtors to feel as if they have to make some tough decisions. This typically occurs because the debtor doesn’t have the money to pay all of their creditors, so they feel they need to rank which ones are more important to pay first. Which creditors can they pay?

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Are U.S. Bankruptcy Court Documents Public?

Sawin & Shea

If you or a loved one has recently filed for bankruptcy or are considering bankruptcy, you may wonder who may find out about your financial situation. That said, we’re here to answer common questions regarding the accessibility of bankruptcy information and whether these documents are part of public records.

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Attempting Debt Collection Efforts After a Debtor Files for Bankruptcy

FFGN COLLECT NY

Are you or your collection attorney attempting debt collection efforts even though the debtor filed for bankruptcy? Enforcing a claim and/or a judgment against an entity or individual who has an active bankruptcy pending or who has received an order discharging them from liability is more than a bad idea. The debtor did not pay.

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Adjustable-Rate Mortgages and Bankruptcy

Sawin & Shea

And although there are benefits to obtaining this type of mortgage, debtors often have to pay increased interest and monthly payments. These increased payments can put financial pressure on debtors, leading them to fall behind on their housing payments. Adjustable rate mortgages have been on the rise in recent years.

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What Does the Bankruptcy Trustee Investigate?

Sawin & Shea

If you’re considering filing Chapter 7 or Chapter 13 bankruptcy, you need to be aware of the different components of the filing process, including the role of the bankruptcy trustee. When starting the filing process, the bankruptcy trustee will investigate your finances and assets to determine whether you’re eligible to file.

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Cryptocurrency Bankruptcy vs. Normal Bankruptcy

Sawin & Shea

With that being said, cryptocurrency bankruptcy has also become more common. Due to the unprecedented nature of cryptocurrencies, many wonder whether these digital holdings are exempt during bankruptcy proceedings. In this blog, you’ll learn all about cryptocurrency and bankruptcies, including whether these investments are exempt.