ABI

JANUARY 19, 2024

In evaluating the Texas Business & Commerce Code and title 11 of the United States Code (the “Bankruptcy Code”), the United States Bankruptcy Court for the Southern District of Texas, in In Re Burts Construction, Inc., held that a secured creditor has the right to receive monetary payment for property sales based on its lien on “accounts.”

Secured Creditor 40

Secured Creditor Bankruptcy Debtor Collateral 40

Burr Forman

OCTOBER 20, 2021

Excerpt from the article: “There are two types of fraudulent transfers: actual fraudulent transfers, and constructive fraudulent transfers. ” To read more on this topic and learn about their five tips to guard against fraudulent transfer claims, click here to read the full article.

Banks 52

Banks Construction Debtor Creditors 52

Jimerson Firm

DECEMBER 22, 2022

An accord and satisfaction results as a matter of law only when the creditor accepts payment tendered on the expressed condition that its receipt is deemed to be a complete satisfaction of a disputed issue. Therefore, “[i]f a creditor does not assent to the condition, then the proper course of action is to return the check.

Debtor 52

Debtor Creditors Construction Collections 52

PBWT

NOVEMBER 10, 2021

A federal judge recently allowed a trustee’s preferential transfer claim against a law firm to proceed but dismissed a constructive fraudulent transfer claim. The debtors had paid the law firm $90,000 in the 90 days before the chapter 11 filing. The schedule also revealed that the debtor had made payments on those invoices.

Bankruptcy 52

Bankruptcy Law Firms Debtor Construction 52

Nexa Collect

APRIL 11, 2021

A large number of creditors are stuck with unpaid invoices, and as their own efforts fail they tend to submit more accounts to collection agencies. One of the difficulties in accessing that data is the reporting of consumer information by creditors and by debt collection agencies, themselves. drop from 2019.

Collections 130

Collections Collection Agencies Collections Agency Construction 130

PBWT

JANUARY 19, 2021

In 2019, we began following a Circuit split regarding a secured creditor’s obligation to return collateral that it lawfully repossessed pre-petition after receiving notice of a debtor’s bankruptcy filing. ” [ii] In December, the Supreme Court granted certiorari and on Thursday adopted the minority view. [i]

Bankruptcy 65

Bankruptcy Debtor Creditors Repossession 65

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. A creditor with a claim must often take affirmative action by filing a “proof of claim” form in order to preserve and protect its rights to payment. What Happens if the Debtor Objects to My Claim?

Bankruptcy 52

Bankruptcy Creditors Debtor Construction 52

PBWT

MAY 14, 2021

Some of the main objectives of chapter 15 include: (1) to freeze assets of the debtor pending the resolution of all applicable bankruptcy proceedings, (2) to increase legal certainty for trade and investment, (3) to promote the fair administration of cross-border insolvencies, and (4) to facilitate the rescue of financially troubled businesses.

Debtor 65

Debtor Bankruptcy Creditors Trade 65

Burr Forman

JUNE 24, 2021

Troy Smith , Construction Litigation. Peter Vilmos , Construction Litigation. Robert Neilson , Creditor Debtor Rights. Greg Lunny , Business Litigation. Adrian Rust , Bankruptcy: Business. Ellsworth Summers, Jr. Bankruptcy: Business. Scott Thomas , Business Litigation. Eric Golden , Business Litigation. Rising Stars.

Lawyers 52

Lawyers Construction Bankruptcy Debtor 52

Consumer Financial Services Law

JANUARY 22, 2021

19-357, resolves this split in favor of the creditor. Background The case arose from four separate chapter 13 bankruptcy cases in which the debtors sought to regain possession of their vehicles from the City of Chicago, which had seized and impounded the vehicles prepetition due to unpaid parking tickets and similar traffic fines.

Bankruptcy 40

Bankruptcy Chapter 13 bankruptcy Construction Debtor 40

FFGN COLLECT NY

JUNE 24, 2020

The debtor responds saying they will pay but again doesn’t. An account stated is a demand by a creditor to a debtor for all amounts owed from transactions between parties as of a certain date. The debtor promised to pay the amount stated. You fax the borrower a letter demanding payment of the $100,000.00 plus interest.

Debtor 52

Debtor Creditors Construction Collections 52

Sawin & Shea

MARCH 27, 2024

This form of bankruptcy differs from Chapter 13, which involves the evaluation of your current income to construct a three-to-five-year debt reorganization plan. This bankruptcy protection will prohibit a collection agency or another creditor from recovering debt or taking action against you.

Chapter 7 bankruptcy 52

Chapter 7 bankruptcy Bankruptcy Chapter 13 bankruptcy Creditors 52

Collections Law

AUGUST 11, 2020

Cohen LLC, you don’t have to suffer from the stress and frustration that comes with the legwork involved in following up with debtors. You also don’t have to sit helplessly in the face of bad debts when your debtor fails to make payments. Therefore, to implement and enforce it, the creditor must get the judgment domesticated.

Judgment 52

Judgment Debtor Construction Lawyers 52

Taurus Collect

MARCH 5, 2024

Creditors may take legal action to recover the debt, which might result in wage garnishment or a lien against your property. Persistent Contact: Debt collectors may contact debtors through phone calls, emails, letters, or even personal visits. Legal Actions: Ignoring debt collectors can potentially lead to lawsuits.

Debt collector 52

Debt collector Asset liquidation Debtor Education 52

Collections Law

JULY 1, 2020

You’ve tried everything in your power, but the debtor doesn’t respond or keeps making excuses to buy more time. A debtor who is unwilling to pay has to be pursued much more aggressively, and our diligent debt collection attorneys have the skills and knowledge to make this happen. Why Hire a Collections Attorney?

Mechanic’s Liens 52

Mechanic’s Liens Debt Recovery Collections Judgment 52

Qualco

SEPTEMBER 12, 2023

This approach involves taking proactive measures, even when the credit is still in good standing, and the creditor has not yet taken possession of the collateral. In such circumstances, adopting an Asset-Driven Approach becomes critical.

Collateral 102

Collateral Collections Financial Institution Loans 102

ABI

JANUARY 10, 2020

In In re Hamilton-Gaertner , a North Carolina Bankruptcy Court found that the debtor’s proposed Chapter 11 plan satisfied the good faith requirement of section 1129(a)(3) of the Bankruptcy Code, despite certain expenses typically indicative of bad faith. [1] 1] The debtor was a physician who earned approximately $400,000 per year. [2]

Unsecured Creditor 40

Unsecured Creditor Debtor Bankruptcy Creditors 40

Burr Forman

JANUARY 12, 2022

Campbell Taube – Creditor Debtor Rights. Lassiter – Construction Litigation. Neal – Business Litigation. Penny – Environmental. Potter, III – Securities Litigation. Clark Spoden – Employment & Labor. The Burr & Forman attorneys named as Rising Stars are: Birmingham. Christian W. Borek – Tax. Christine N.

Lawyers 52

Lawyers Bankruptcy Construction Banks 52

Burr Forman

JANUARY 7, 2021

Hanna Lahr practices in the firm’s Creditors’ Rights & Bankruptcy group. Hanna’s practice focuses on representing creditors and debtors, both in and out of court, to, among other things, enforce and/or restructure debt obligations, including through the bankruptcy process. Birmingham.

Manufacturing 40

Manufacturing Bankruptcy Acquisition Creditors 40

National Service Bureau

SEPTEMBER 2, 2015

If you’re a collection agency or creditor in New York, you need to be keeping an eye out for Senate Bill 3803. This bill was introduced to the state senate in February of this year, and the crux is that if approved, debt collectors would be prohibited from using social media to contact debtors. Who Does This Affect?

Collections 40

Collections Debt collector Debtor Collection Agencies 40

Burr Forman

AUGUST 19, 2021

Mobile, Construction Law. Troy Smith – Jacksonville, Construction Law. Erich Durlacher – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Michael Hall – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Bet-the-Company Litigation, Litigation – Bankruptcy.

Lawyers 105

Lawyers Construction Acquisition Bankruptcy 105

The Creditors Rights

AUGUST 2, 2016

However, the court agreed it left unanswered in Crawford an additional question: whether the Bankruptcy Code preempts the FDCPA when creditors misbehave in bankruptcy. The court continued its analysis by stating a the Bankruptcy Code contemplates that creditors may file unenforceable claims. Travelers Cas. & Gas & Elec.

Debt collector 40

Debt collector Fair Debt Collection Bankruptcy Creditors 40

Troutman Sanders

MAY 5, 2021

Communications with the consumer’s attorney, a creditor or its attorney, the debt collector’s attorney, or a consumer reporting agency are permissible, as are certain communications with third parties to locate a consumer or those required by a court or court judgment.

Debt collector 52

Debt collector Collections Fair Debt Collection Construction 52

Burr Forman

NOVEMBER 30, 2020

Campbell Taube – Creditor Debtor Rights. Lassiter – Construction Litigation. Penny – Environmental. Potter, III – Securities Litigation. Price – Employment and Labor. Clark Spoden – Employment and Labor. The Burr & Forman attorneys named as Rising Stars are: Birmingham. Akers – Bankruptcy: Business.

Lawyers 40

Lawyers Bankruptcy Construction Banks 40

Burr Forman

DECEMBER 4, 2020

This legislation prohibits judgment creditors from initiating new “extraordinary” collection actions, including garnishment, attachment, levies, or execution. Debtors must notify creditors if they are facing financial hardship due to COVID-19, but no additional documentation is required for protection. Stearns of the U.S.

Financial Institution 52

Financial Institution Garnishment Collections Foreclosure 52

National Service Bureau

SEPTEMBER 22, 2015

Include in your contracts a section that permits you and your business partners to contact the debtor on a cell phone. Once you outline a policy, be prepared to alter it quickly and frequently based on real world feedback, constructive criticisms, and new evidence that suggests there is a more efficient way of dealing with a problem.

Collection Agencies 40

Collection Agencies Collections Agency Debtor Construction 40

Burr Forman

AUGUST 20, 2020

Erich Durlacher – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Michael Hall – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Bet-the-Company Litigation, Litigation – Bankruptcy. David Wanhatalo – Construction Law, Litigation – Construction.

Lawyers 40

Lawyers Construction Acquisition Bankruptcy 40

Burr Forman

AUGUST 20, 2020

Erich Durlacher – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Michael Hall – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Bet-the-Company Litigation, Litigation – Bankruptcy. David Wanhatalo – Construction Law, Litigation – Construction.

Lawyers 40

Lawyers Construction Acquisition Bankruptcy 40

Troutman Sanders

MAY 17, 2021

The proposed amendments include changing the definition of medical debt, allowing medical debtors to initiate contact and make voluntary payments, and preventing certain written communications from being sent via certified mail. Previously, Khan served as a legal advisor to former FTC Commissioner Rohit Chopra.

Financial services 52

Financial services Foreclosure Collection Agencies Collections Agency 52

Collection Industry News

OCTOBER 3, 2022

A bankruptcy case differs from ordinary civil litigation because it is a framework within which the court resolves a wide variety of disputes that precede the closure of the bankruptcy case after confirmation of a plan, discharge of the debtor following administration of its nonexempt assets, or dismissal. 28 U.S.C. § 28 U.S.C. §§ 157(c).

Bankruptcy 40

Bankruptcy Judgment Debtor Government 40

ABI

JANUARY 22, 2023

ii] Consequently, the designation of a debtor as a SARE may have significant ramifications in a case. million construction loan from Evertrust Bank (“Evertrust”) to build a hotel. [v] v] Because Evertrust refused to fund $4 million on the loan, The Source Hotel halted construction. [vi]

Bankruptcy 40

Bankruptcy Debtor Construction Foreclosure 40