Remove category debtor-creditor-rule
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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. Which creditors can they pay? 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.

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Which Funds Are Exempt From Judgment Enforcement?

FFGN COLLECT NY

When considering what funds are exempt from judgment enforcement and the reach of judgment creditors, New York and the federal government draw a line between enforcing judgments against consumers and enforcing judgments against commercial entities. Any objections to the debtor’s exemption must be made within 7 days.

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Integrating Judicial and Extrajudicial Strategies in Portfolio Management

Qualco

In the past, creditors used to restructure sparingly, typically reserving it for situations where amicable collections appeared implausible. These often involve initiating legal proceedings against debtors intending to repossess, auction, and sell collaterals or executing payment orders to seize the debtor’s assets or income.

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Will Bankruptcy Erase ALL of My Debt?

Sawin & Shea

Debt elimination is typically one of the primary reasons a debtor will pursue bankruptcy. There are exemptions depending on the property and how essential it is, but anything considered nonexempt will likely be sold to help pay off your creditors. A total of 19 categories are listed by the U.S. Debts That Can Be Eliminated.

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Affordable Care Act’s Shared Responsibility Payment is a Tax Entitled to Priority

ABI

2] In July 2019, Robert and Bonnie Szczyporski (the “Debtors”) filed voluntary petitions for relief under Chapter 13 of the Bankruptcy Code. [3] 3] The IRS filed a proof of claim against the Debtors for unpaid taxes and interest, including a $927.00 20] This is not a uniform rule in the U.S. [21]

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Can I Protect My Home and Personal Property in Bankruptcy?

Sawin & Shea

Many people keep control over their assets through the use of bankruptcy exemptions, which are special rules that allow people who are filing for a Chapter 7 bankruptcy to keep certain property if its value is less than the amount of the exemption. The other main category of exemptions is called intangible assets. This is rarely true.

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Finding Shelter in the Storm: Using the Bona Fide Error Defense with the Final Debt Collection Rule

Consumer Financial Services Law

With the enactment of the Debt Collection Rule, debt collectors now have a map as to certain best practices which can help them better inform their policies and procedures. Assuming they mold their actions to comply with the same, the Rule may now provide a more effective shield in actions under the FDCPA. 1692c and 1692e(11).