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Enforcement in 2021 – the new normal – A guest blog by High Court Enforcement Group

CICM

Some of the changes in the pandemic for credit management and enforcement were temporary and have started to fall away, but others remain, making the enforcement landscape indelibly altered. The first lockdown saw a moratorium on all residential judgment enforcement and landlord action. New normal for creditors. In conclusion.

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Best practice tips for Legal Processes

CICM

It can be in cases where you know the debtor has funds and the threat of insolvency is likely to make them respond. If you do secure a judgment at court, you have access to enforcement action to recover the debt. The post Best practice tips for Legal Processes appeared first on Chartered Institute of Credit Management.

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Discharging Student Loan Debt: The Brunner Test

ABI

Generally, student loan debt will not be discharged in a case under title 11 of the United States Code (the “Bankruptcy Code”) unless there is a showing of “undue hardship on the debtor and debtor’s dependents.” 7] The debtor disagreed and filed a cross motion for Summary Judgment. [8]. 1] In Hull v. State Higher Educ.

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Risk & Reward: A Collection Agent’s Point of View

The Kaplan Group

When trying to decide what the riskier or safer course of action is, we consider not only the amount of money owed, but also the specific debtor company and management, the business sector and the economy in general. Our larger clients, and those with professional credit management staff, tend to litigate when the ROI looks promising.

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How Does Validation of Debts Work?

Credit Management Company

A statement that if the consumer notifies the debt collector in writing within the 30-day period that the debt, or a portion of the debt, is disputed, the debt collector will obtain proof of the debt of a copy of the judgment against the consumer. Validating debt is just one step in the collections process.

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7th Cir. Holds FDCPA Consumer’s Confusion And Hiring Attorney Not Enough For Article III Standing

Collection Industry News

Court of Appeals for the Seventh Circuit recently vacated judgment in favor of a debt collector against putative class action claims raised by a consumer that its collection letter violated the federal Fair Debt Collection Practices Act (FDCPA) by threatening action that could not legally be taken and amounting to a false representation.

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Personal Guarantees in Commercial Collection: How Helpful Are They?

The McHughes Law Firm

It is a prudent credit manager that attempts to obtain personal guarantees from the principals of an incorporated entity to which credit is being extended. In conjunction with the execution of a personal guarantee, the well-informed credit manager will also attempt to obtain a personal financial statement from the guarantor.