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Undisputed Facts in Your Debt Collection Case? Think Summary Judgment.

FFGN COLLECT NY

Whether the defenses raised by the debtor are valid or not, a debtor defending a debt collection case can delay collection. A debtor can buy themselves time just by filing an answer to the summons and complaint. The court granted a summary judgment to our client without the need to proceed to trial.

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Debt Collection Settlements: Can Parties Include Terms for Future Deals

FFGN COLLECT NY

An issue that comes up time and time again in debt collection settlements is whether parties can continue doing business together even though the creditor has placed the account for collection. Now that a debt collection attorney is involved, can the parties move forward and conduct new business? Each got what they wanted.

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New Court Ruling on Whether Avoidance Powers Require Benefit to Creditors

PBWT

The Bankruptcy Code grants the power to avoid certain transactions to a bankruptcy trustee or debtor-in-possession. Glove, Inc. (“Plaintiff”) is a manufacturer of gymnastic grips and wrist supports. Plaintiff moved for summary judgment on this issue in April 2021. See, e.g., 11 U.S.C. §§ Glove, Inc. ,

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Supreme Court Expands Creditors’ by Allowing Denial of a Discharge Under Sec. 523(a)(2)(A) if Debtor Transfers Assets in Violation of State Fraudulent Transfer Statute

The Creditors Rights

Section 523(a)(2)(A) of the Bankruptcy Code allows a creditor to obtain a judgment denying its debtor a discharge of debts incurred by false pretenses or actual fraud. Chrysalis Manufacturing Corp. The Court further noted that fraudulent conveyances at common law did not require a misrepresentation by a debtor to his creditor.