Collections Law

APRIL 9, 2021

You’ve won your case in court, and your debtor needs to make the necessary payments to resolve the outstanding debt. In theory, it should be as simple as collecting the monies owed to you and being on your way. The aggressive and relentless debt collection attorneys at the Law Offices of Alan M. But it rarely is that easy.

Debtor 40

Debtor Judgment Collections Debt Recovery 40

Collection Industry News

AUGUST 18, 2020

Does a judicial foreclosure action constitute “debt collection activity” under the Fair Debt Collection Practices Act (“FDCPA”)? The borrower then filed an action in federal court, claiming that an assortment of alleged misrepresentations in the foreclosure case constituted violations of the FDCPA.

Foreclosure 40

Foreclosure Judgment Collections Fair Debt Collection 40

Sawin & Shea

DECEMBER 21, 2023

This stay halts most collection activities and legal actions against the filer. For debtors, the automatic stay provides critical breathing room to address financial issues under bankruptcy court protection. It is one of the fundamental debtor protections under the Automatic Stay in the Bankruptcy Code.

Bankruptcy 52

Bankruptcy Debtor Repossession Creditors 52

Troutman Sanders

FEBRUARY 26, 2021

SN Servicing, LLC , a district court in the Ninth Circuit denied a defendant’s motion for summary judgment regarding the plaintiffs’ allegations that the defendant violated the Fair Debt Collection Practices Act and Oregon Unlawful Debt Collection Practices Act in its mortgage servicing activity.

Foreclosure 52

Foreclosure Judgment Collateral Fair Debt Collection 52

Jimerson Firm

FEBRUARY 10, 2022

Generally, if debtors owe a debt to a lender, and the lender cancels or forgives that debt for less than its full amount, the debtor is treated for income tax purposes as having income and may have to pay tax on this income by virtue of a 1099-C filing from the lender. Charging Off” Uncollectable Debt. 1.6050P-1(b)(2)(i).

Lender 98

Lender Credit Unions Credit Unions Collections 98

Collections Law

APRIL 1, 2020

Collecting debts from debtors having assets in Massachusetts while you are in another state or a different country used to be difficult, even if you had a judgment against them. Our Experienced Collections Attorneys Knows How to Enforce Foreign Judgments in Massachusetts. Not Just Domestication — Enforcement, Too.

Judgment 52

Judgment Collections Debtor Foreclosure 52

Qualco

JANUARY 26, 2024

Over-indebtedness refers to situations where debtors face difficulties meeting financial obligations due to immediate payment challenges or chronic issues like insolvency, where debts outweigh assets. The primary criterion for eli gibility is that individuals must have debts to at least two different creditors. CLICK TO LEARN MORE

Financial Institution 52

Financial Institution Debtor Creditors Debt settlement 52

Qualco

JANUARY 26, 2024

Over-indebtedness refers to situations where debtors face difficulties meeting financial obligations due to immediate payment challenges or chronic issues like insolvency, where debts outweigh assets. The primary criterion for eli gibility is that individuals must have debts to at least two different creditors. CLICK TO LEARN MORE

Financial Institution 52

Financial Institution Debtor Creditors Debt settlement 52

FDCPA Defense

SEPTEMBER 22, 2018

Can a communication from a collector violate the Fair Debt Collection Practices Act, 15 U.S.C. the “FDCPA”) if it never asks the debtor to pay any money? What exactly does the term “debt collection” mean in the context of the FDCPA? See Obduskey v. Wells Fargo , 138 S. 2710 (2018). See 15 U.S.C. §§ 1692b-1692i. See 15 U.S.C.

Foreclosure 40

Foreclosure Collections Debtor Debt collector 40

Jimerson Firm

MARCH 19, 2021

When a lender holds a defaulted loan there are several issues that need to be considered before initiating a foreclosure. Lenders holding defaulted loans will first need to consider relevant Florida laws prior to beginning any foreclosure proceedings. Foreclosures are a state law proceeding first and foremost. Busey Bank, N.A.,

Loans 98

Loans Foreclosure Lender Accrued Interest 98

Collection Industry News

JANUARY 10, 2022

The Nevada Financial Institutions Division is reminding licensed collection agencies that collect residential debt for unit-owners’ associations of common-interest communities to file their report required by Senate Bill 186 by Jan. Source- site.

Collection Agencies 52

Collection Agencies Collections Agency Collections Financial Institution 52

Troutman Sanders

JULY 14, 2021

At the time Carrington became the mortgage servicer, Heinz’s loan was already in default and a foreclosure sale was scheduled for the first of the following month. Thereafter, the foreclosure sale of Heinz’s property was postponed to November 14, 2017. However, the foreclosure sale proceeded as scheduled on November 14, 2017.

Foreclosure 52

Foreclosure Debt collector Loans Debtor 52

Burr Forman

DECEMBER 4, 2020

Financial institutions, servicers, lenders, and debt collectors must stay up-to-date on evolving federal and state laws stemming from the COVID-19 pandemic, as such laws impact all facets of consumer loan servicing and debt collection. In March of 2020, Burr published an article discussing the global pandemic’s impact on collection practices.

Financial Institution 52

Financial Institution Garnishment Collections Foreclosure 52

Jimerson Firm

NOVEMBER 13, 2020

if the collateral is likely to be acquired by SBA or the lender at the foreclosure sale, the expenses associated with the care, preservation and resale of the acquired collateral. In Florida, the lender can choose from the following methods: Deed in Lieu of Foreclosure. Lien Foreclosure. See SOP 50 57. Short Sale.

Loans 98

Loans Collateral Foreclosure Lender 98

Troutman Sanders

FEBRUARY 27, 2023

district court judge in the Western District of New York ended a class action lawsuit by holding that communications between attorneys are not actionable under the Fair Debt Collection Practices Act (FDCPA). After lengthy discovery and litigation, a U.S. In dicta in Kropelnicki v. Siegel , 290 F.3d 3d 118 (2d Cir.

Foreclosure 52

Foreclosure Fair Debt Collection Debt collector Debtor 52

Collection Industry News

JULY 12, 2022

Court of Appeals for the Eleventh Circuit recently held that periodic statements required by the federal Truth in Lending Act may violate the federal Fair Debt Collection Practices Act if they are not truthful and fair. After defaulting on their home loan, a foreclosure suit was instituted. Debtors appealed.

Debtor 40

Debtor Foreclosure Debt collector Loans 40

Sawin & Shea

NOVEMBER 15, 2023

In the case of a Chapter 7 bankruptcy , the court appoints a trustee who is in charge of selling off (liquidating) a debtor’s non-exempt assets. If a debtor has assets that are not protected under those statutes, the trustee can liquidate those items and use the proceeds to pay creditors back something.

Unsecured Debt 52

Unsecured Debt Chapter 7 bankruptcy Collateral Bankruptcy 52

BN Lawyers

JANUARY 14, 2019

A debt collector is free to collect during the thirty-day period as long as it does not overshadow or contradict the consumer’s thirty-day rights. Whether easy or difficult, the Act mandates that the debt collector cease its collection efforts until the required information has been mailed to the consumer. Trott Law, P.C. ,

Foreclosure 40

Foreclosure Debt collector Collections Chapter 13 bankruptcy 40

Jimerson Firm

NOVEMBER 23, 2020

if the collateral is likely to be acquired by SBA or the lender at the foreclosure sale, the expenses associated with the care, preservation and resale of the acquired collateral. If a secured creditor breaches the peace, it may be liable to the debtor for damage done to the debtor or its premises during an unauthorized entry.

Collateral 98

Collateral Loans Secured Creditor Lender 98

Sawin & Shea

JUNE 7, 2023

If you have a co-signer associated with your debt or if you are a co-signer, you need to be aware of how financial liability works and what happens when the primary debtor declares bankruptcy. For example, a parent or another family member may become a co-signer for a low-credit borrower so that the primary debtor can obtain a desirable loan.

Chapter 13 bankruptcy 52

Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy Personal loans 52

Sawin & Shea

NOVEMBER 24, 2021

Many people worry that bankruptcy will simply delay the inevitable, such as a lawsuit, wage garnishment, or a foreclosure, and that their creditors will still come after them. An automatic stay is a fundamental part of bankruptcy that protects debtors from creditor actions. Exceptions to an Automatic Stay.

Bankruptcy 52

Bankruptcy Garnishment Repossession Foreclosure 52

Sawin & Shea

NOVEMBER 24, 2021

Many people worry that bankruptcy will simply delay the inevitable, such as a lawsuit, wage garnishment, or a foreclosure, and that their creditors will still come after them. An automatic stay is a fundamental part of bankruptcy that protects debtors from creditor actions. Exceptions to an Automatic Stay.

Bankruptcy 52

Bankruptcy Garnishment Repossession Foreclosure 52

Public Citizen

JULY 6, 2020

Today, the Supreme Court held that collecting government debt by robocalling cellphones didn’t deserve special First Amendment treatment. Second, if not, could the debt collection provision be severed? The Government’s stated justification for the government-debt exception is collecting government debt. American Assn.

Collections 70

Collections Student loans Student Loans Government 70

Sawin & Shea

FEBRUARY 16, 2022

An automatic stay is an injunction prohibiting creditors from collecting debts. Some situations in which an individual may want to consider filing for emergency bankruptcy include: Wage garnishment Creditors levying your bank accounts or property An impending home foreclosure sale Imminent car repossession.

Bankruptcy 98

Bankruptcy Chapter 13 bankruptcy Repossession Debt collector 98

Fraser

JULY 21, 2020

What’s worse—and which often comes as a big surprise—is when a business gets sued by the debtor or bankruptcy trustee seeking to recover payments made by the debtor before the bankruptcy. The SBRA created a new “subchapter V” to Chapter 11 of the Bankruptcy Code , which provides small business debtors an easier path through bankruptcy.

Creditors 56

Creditors Bankruptcy Debtor Construction 56

Debt Free Colorado

MARCH 3, 2023

This type of bankruptcy enables the debtor to combine their debts, reach an agreement on a lower overall number and submit to a three-to-five-year plan for debt repayment. A case may be changed from a Chapter 13 filing to a Chapter 7 liquidation if the debtor doesn’t make payments on time. What Can’t Bankruptcy Do?

Bankruptcy 52

Bankruptcy Chapter 13 bankruptcy Credit Counselor Chapter 7 bankruptcy 52

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? 3), Fla.

Foreclosure 98

Foreclosure Lender Judgment Creditors 98

Sawin & Shea

SEPTEMBER 14, 2022

An automatic stay prevents creditors and lenders from collecting debt or collateral on protected assets. With consumer debts, co-debtors receive the protection of an automatic stay. How Does Consumer and Non-Consumer Debt Impact Your Chapter 7 Bankruptcy Filing?

Chapter 13 bankruptcy 122

Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy Student loans 122

Consumer Financial Services Law

FEBRUARY 18, 2019

McCarthy & Holthus LLP regarding whether non-judicial foreclosures qualify as debt collection under the FDCPA, the Sixth Circuit doubled down on its position that non-judicial foreclosures are debt collection. Building on its 2013 decision in Glazer v. Chase Home Finance LLC., 3d 453 (6th Cir. Chase Home Finance LLC.,

Foreclosure 40

Foreclosure Law Firms Debt collector Collections 40

Sawin & Shea

MARCH 13, 2024

A reaffirmation agreement is a document that re-obligates a debtor to repay a particular debt, such as a car loan, mortgage, or other loan type. Entering a reaffirmation agreement is a way that debtors in a Chapter 7 bankruptcy keep collateral attached to secured debt like houses or cars. Can You Cancel a Reaffirmation Agreement?

Chapter 7 bankruptcy 52

Chapter 7 bankruptcy Chapter 13 bankruptcy Bankruptcy Collateral 52

The McHughes Law Firm

AUGUST 29, 2016

New business debt collection may be the last thing on your mind as you juggle all the different moving parts the come with starting a business. If you are in the process of starting a new business, debt collection on past due accounts is likely not even on your radar yet. 1: I Will Lose Customers If I Push Too Hard to Collect.

Collections 40

Collections Debtor Law Firms Collection Agencies 40

Consumer Financial Services Law

AUGUST 27, 2019

In Kirby, the consumers filed Chapter 7 while engaged in a state sponsored Foreclosure Diversion Program. 21st Mortg. 427 (2019). After the Kirbys received their discharge, the parties continued with the diversion program, including mediation. The bankruptcy court disagreed and granted summary judgment in favor of the mortgage company.

Bankruptcy 40

Bankruptcy Judgment Foreclosure Debtor 40

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.,

Bankruptcy 40

Bankruptcy Chapter 13 bankruptcy Law Firms Debtor 40

Sawin & Shea

MARCH 20, 2024

If you’re worried about garnishments, foreclosures , lawsuits, repossessions , or other consequences of your debt, connect with an experienced bankruptcy lawyer at Sawin & Shea as soon as possible. They typically answer questions from a debtor about back taxes, filing annual tax returns, and tax penalties they may owe.

Bankruptcy 52

Bankruptcy Chapter 13 bankruptcy Chapter 7 bankruptcy Lawyers 52

Sawin & Shea

JUNE 21, 2023

When filing for Chapter 13, debtors don’t immediately discharge their debts. They may suspect that the debtor committed fraud or tried to deceive the court or their creditors in another way. Courts can punish this behavior by dismissing a case with prejudice, making it harder for the debtor to refile.

Chapter 13 bankruptcy 52

Chapter 13 bankruptcy Bankruptcy Chapter 7 bankruptcy Debtor 52

Fraser

JUNE 25, 2020

The petition date is the date on which a debtor files a chapter 11 bankruptcy proceeding. The debtor is required to serve all known creditors with notice of the commencement of the chapter 11 case. In order to participate in the distribution of the debtor’s assets to satisfy pre-petition claims, a creditor must have a valid claim.

Creditors 72

Creditors Bankruptcy Unsecured Creditor Debtor 72

Troutman Sanders

OCTOBER 19, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. These FAQs are a Compliance Aid designed to help collection agencies comply with Reg F, which goes into effect on November 30, 2021.

Financial services 52

Financial services Student loans Student Loans Debt collector 52