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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. Husky sued Ritz under a Texas statute which allows creditors to hold shareholders responsible for corporate debts under circumstances involving actual fraud.

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Burr & Forman Names Eight New Partners Across Five Offices

Burr Forman

From Burr & Forman’s Jacksonville office: Armando Nozzolillo is a member of the firm’s CreditorsRights and Bankruptcy practice group.

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financial forensic report 8.16.2021

Financial Forensic Services

History of the Judgment Enforcement Problem. 80 percent of the civil money judgments in the United States are never collected. Note: when drafting the judgment language for the judge’s signature, many attorneys stop with “legal fees.” when you win, the court awards you the money judgment and the defendant has to pay.

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SBA Loans: How to Maximize Recovery by Liquidating Real Property

Jimerson Firm

The court can also order a deficiency judgment against the debtor—that is, a money judgment—to the extent the foreclosure sale does not produce sufficient funds to pay the debt owed to lender on the SBA loan. Short Sale. draft settlement statement.

Loans 98
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Overview of Florida’s New Uniform Commercial Real Estate Receivership Act

Jimerson Firm

While the traditional common law grounds for the appointment of a receiver remain, the Act also offers additional grounds and provides lenders with valuable options to protect their interests in the commercial property, including the right of receivership after judgment. Make a distribution of receivership property. 714.23, Fla.

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Ninth Circuit Holds that the One-Year Period in Sec. 727(a)(2) is not Subject to Equitable Tolling

The Creditors Rights

Ronald Neff was a dentist against whom his patient, Douglas DeNoce, obtained a judgment for malpractice. DeNoce filed an adversary proceeding, seeking the denial of Neff’s discharge under § 727(a)(2) of the Bankruptcy Code, asserting the transfer of the condominium was made with intent to hinder, delay or defraud creditors.

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Why Every Lawyer And Client Should Be Fighting To Stop The "Meaningful Attorney Involvement" Doctrine From Spreading

FDCPA Defense

Although this scenario may sound far-fetched, it is an everyday occurrence for creditorsrights attorneys, who have been targeted by “meaningful attorney involvement” lawsuits for years. If this can happen to creditorsrights attorneys and their clients, might you and your clients be next? 1692, et seq. the “FDCPA”).

Lawyers 40