Remove contact
article thumbnail

The Whole Truth – Defending Against Claims That a Debtor Failed to Disclose in Bankruptcy Court

Jimerson Firm

The Bankruptcy Code provides debtors with a fresh start or an opportunity to reorganize their debts. In doing so, the Code requires all debtors to provide, under oath, a full disclosure of their assets and liabilities. Such property includes causes of action belonging to the debtor at the commencement of the bankruptcy case.

Debtor 59
article thumbnail

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.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

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? 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. The debtor did not pay. Violating an Automatic Stay.

Debtor 52
article thumbnail

My debtor owes a lot of companies money. How do I get paid first?

Collections Law

It is extremely frustrating to discover that your debtor owes other people a lot of money. If your debtor hasn’t declared bankruptcy, there are several ways we can use to try to get you paid, even if you don’t have collateral or a court judgment yet. This helps to prevent your debtor from hiding the bacon.

Debtor 52
article thumbnail

What Can I Keep if I File For Chapter 7 Bankruptcy?

Sawin & Shea

Filing for bankruptcy can provide you with a much-needed second chance when it comes to your finances. However, the process of going through Chapter 7 can be complicated and stressful to ensure you can keep what you need to continue living your life even after bankruptcy. What is Chapter 7 Bankruptcy?

article thumbnail

10 Common Questions About Bankruptcy

Debt Free Colorado

Find Out the 10 Common Questions About Bankruptcy with Colorado Bankruptcy Lawyers. The decision to file for bankruptcy is a significant one, and we are here to assist you in determining whether bankruptcy is the best course of action for your circumstances. Do bankruptcies come in different types?

article thumbnail

Bankruptcy Court Sanctions Collections Firm for Attempting to Collect Discharged Debt

Troutman Sanders

On January 19, the United States Bankruptcy Court for the Western District of Virginia entered an order sanctioning a collections law firm for violating the bankruptcy discharge injunction. Gooch ( In re Skaggs ) awarded the debtor $25,000 in attorneys’ fees based on a letter he received concerning a discharged debt. Gooch, P.C.,