ABI

JANUARY 22, 2023

John's University School of Law American Bankruptcy Institute Law Review Staff Section 362 of title 11 of the United States Code (the “Bankruptcy Code”) provides that the filing of a bankruptcy petition results in an automatic stay generally enjoining all actions, including a foreclosure sale, against a debtor or its property. [1]

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Troutman Sanders

MARCH 1, 2023

In 2017, the Lender moved for summary judgment against Mr. Kessler on its foreclosure complaint. Mr. Kessler cross-moved to dismiss, arguing that the inclusion of the final two paragraphs in his 90-day notice, addressing bankruptcy status and military membership, violated section 1304’s “separate envelope” provision.

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Sawin & Shea

APRIL 26, 2023

A judgment lien against you can have a variety of distressing and negative consequences. Read on to learn everything you need to know about judgment liens in Indiana, including how they work and how to avoid them. What Is a Judgment Lien? Judgment Liens in the Hoosier State In Indiana, judgment liens last for 10 years.

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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

JUNE 23, 2021

Although filing for bankruptcy can solve many of the issues you are dealing with, ease your stress level, and give you a chance to breathe, it cannot remove all of your worries. If you are contemplating filing for bankruptcy, you are probably overwhelmed with debt that you can’t repay while dealing with creditors.

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Debt Free Colorado

MARCH 3, 2023

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?

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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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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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Better Credit Blog

AUGUST 19, 2020

If you receive a public judgment from a court regarding one of your debts, you can end up with an entry on your credit report. Public records are judgments that are published by the court. The court will create a public record for bankruptcies, foreclosure, or failure to pay taxes. Bankruptcies. Foreclosures.

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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. The bankruptcy court will establish a deadline, or “bar date,” by which claims must be filed. A claim, in short, is a right to payment. By When Must You File a Claim?

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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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Credit Corp

JUNE 14, 2023

Foreclosures and Short Sales: Seven Years A foreclosure can remain on your credit reports for seven years from the date the foreclosure was filed. The same goes for a short sale, which could show up on your credit report as a charge-off, a settlement, a deed-in-lieu of foreclosure, or “settled for less than the full amount due.”

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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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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. Developing these good habits will help a lot, but let’s be clear: a major negative entry like bankruptcy, foreclosure, or repossession on your credit file will cause bad credit.

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Debt Free Colorado

APRIL 9, 2020

You can work directly with the mortgage lender on a loan modification, or reach out to the Colorado Foreclosure Hotline for free assistance. If you own a home the consequences of a judgment against you are more significant as judgment creditors can place liens against your home. Guide to Coronavirus Mortgage Relief Options.

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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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Albuquerque Law

MAY 5, 2020

Federal laws do protect military families facing financial challenges It is critical to note that military members – both active-duty members, reservists and veterans – can file bankruptcy to achieve debt relief. Even so, bankruptcy is still an option for service members.

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ABI

JANUARY 20, 2020

American Bankruptcy Institute Law Review , Staff Member. In In re Parkland Properties , the Bankruptcy Court for the Northern District of Illinois held that a debtor may implicitly waive its right to enforce a reorganization plan confirmed under Chapter 11 of Title 11 of the United States Code (the “Bankruptcy Code”). [1]

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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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Sawin & Shea

AUGUST 24, 2022

Declaring bankruptcy can be incredibly daunting, but sometimes it’s the best option for moving forward to financial freedom. If you’re at risk of losing your home, Chapter 13 bankruptcy could be your best option. Even with the helpful resources on our site and other sites, filing for bankruptcy can be incredibly confusing.

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Taurus Collect

JUNE 12, 2023

This can include court judgments, liens, bankruptcies, and foreclosures. If you’re struggling to make payments and your debts have gone into collections, it’s important to know that these agencies have the power to search through public records to find information about your financial history.

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Better Credit Blog

MARCH 2, 2021

They’re also a great asset if you’re facing any of the credit challenges below: Bankruptcy. Foreclosures. Credit repair specialists will handle the entire process, disputing inaccurate accounts featured on your report and making a specialized plan for improving your credit. Identity fraud. Hard inquiries. Ads by Money.

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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. In the worst case scenario, both people and businesses can file for bankruptcy protection from the court. Distressed homeowners who successfully fought foreclosure lawsuits stemming from the 2010 U.S. File for Bankruptcy.

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Taurus Collect

JUNE 12, 2023

This can include court judgments, liens, bankruptcies, and foreclosures. If you’re struggling to make payments and your debts have gone into collections, it’s important to know that these agencies have the power to search through public records to find information about your financial history.

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Better Credit Blog

OCTOBER 21, 2020

They can deal with disputing and removing trickier entries, assisting you with issues like: Bankruptcy. Foreclosures. If your credit report is riddled with other more complex issues, it could be vital to work with a credit repair company. Charge-offs. Collections. Repossession.

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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

DECEMBER 2, 2020

Even more, they can assist you with challenging credit problems like: Bankruptcy. Foreclosure. Credit repair companies are pros at disputing inaccuracies and getting them deleted from consumers’ credit reports. Charge-offs. Collection-stage debt. Poor payment history. Repossessions.

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Better Credit Blog

DECEMBER 2, 2020

Even more, they can assist you with challenging credit problems like: Bankruptcy. Foreclosure. Credit repair companies are pros at disputing inaccuracies and getting them deleted from consumers’ credit reports. Charge-offs. Collection-stage debt. Poor payment history. Repossessions.

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Better Credit Blog

FEBRUARY 24, 2021

Moreover, they’ll assist you if you’re facing other credit problems, such as: Judgments. Foreclosure. Bankruptcy. If you’ve fallen behind on payments in an industry like one of the ones listed below, it could be to blame for the collections entry on your report: Bank credit cards. Retail cards. Telecommunications. Repossessions.

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Better Credit Blog

DECEMBER 31, 2020

Bankruptcy. Foreclosures. They can dig even deeper into your credit report, pinpointing the biggest factors bringing down your score. They’re equipped to take on credit challenges like: Charge offs. Late payment history. Debt in collections. Repossessions. Need help picking a company?

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Better Credit Blog

FEBRUARY 24, 2021

Moreover, they’ll assist you if you’re facing other credit problems, such as: Judgments. Foreclosure. Bankruptcy. If you’ve fallen behind on payments in an industry like one of the ones listed below, it could be to blame for the collections entry on your report: Bank credit cards. Retail cards. Telecommunications. Repossessions.

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Better Credit Blog

FEBRUARY 15, 2021

They can also walk through other significant credit issues, like: Bankruptcy. Foreclosures. They’ll tackle all the time-consuming and stressful parts of repairing your score. Hard inquiries. Identity fraud. Repossessions. They’ll take a close look at your score to see what’s hurting it the most and get it back on track.

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Better Credit Blog

JANUARY 21, 2021

These companies can also help you face a range of credit issues that can do even more damage to your credit, like: Bankruptcy. Foreclosures. They are experts at getting inaccuracies off your report and making sure that it’s accurate. Charge offs. Debt collections agencies. Delinquent payments. Property repossessions. Ads by Money.

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