Burr Forman

JANUARY 26, 2022

Much of his practice includes representing various interests in Chapter 11, pursuing claims of commercial lenders against the debtor, the collateral, and guarantors in bankruptcy, federal, state, and receivership courts. Houston IV was named in the Bankruptcy & Financial Restructuring, especially Litigation specialty.

Lawyers 52

Lawyers Bankruptcy Unsecured Creditor Creditors 52

Jimerson Firm

NOVEMBER 13, 2020

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. However, foreclosures (particularly contested foreclosures) can be expensive and less efficient than other liquidation methods.

Loans 98

Loans Collateral Foreclosure Lender 98

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

OCTOBER 23, 2020

Originally founded in 1993, the National Creditor Bar Association is dedicated to serving law firms engaged in the practice of creditors rights law. The firm’s Bankruptcy and Recovery Practice Group represents debtors, committees, trustees, and creditors in and out of bankruptcy court. Barron & Newburger, P.C.

Law Firms 52

Law Firms Legal Collections Creditors Creditor's Rights 52

Consumer Financial Services Law

DECEMBER 29, 2016

These notices, such as the proposed Statement of Rights, make it appear that the collection attorney is providing legal advice to the consumer. Such advice would violate the Rules of Professional Conduct, since the attorney for the creditor may not also provide legal advice to the debtor.

Collections 40

Collections Judgment Enforcement Creditor's Rights Creditors 40

The Creditors Rights

SEPTEMBER 13, 2016

In an important decision for debtors and creditors alike, the United States Bankruptcy Court for the District of Delaware has ruled that provisions in a limited liability company operating agreement, granting the company’s lender absolute power to prevent the company from filing a bankruptcy petition are unenforceable as against public policy.

Bankruptcy 40

Bankruptcy Lender Debtor Creditors 40

The Creditors Rights

AUGUST 30, 2016

Its purpose was not to encourage claimants to timely pursue claims against a debtor, but rather its purpose is to prevent dishonest debtors from abusing the bankruptcy process by evading the consequences of their misconduct. SEC (In re Sherman) , 658 F.3d 3d 1009 (9 th Cir.

Bankruptcy 40

Bankruptcy Debtor Creditors Judgment 40

The Creditors Rights

MAY 24, 2016

The bankruptcy court agreed with the debtor, concluding the new loan under the plan “paid” the debt within the meaning of Entz-White , and confirmed the plan. The BAP stated that the determination is accompanied with a presumption that the contract’s default interest rate is reasonable unless the debtor introduces evidence that it is not.

Bankruptcy 40

Bankruptcy Debtor Creditors Collateral 40

FDCPA Defense

APRIL 17, 2019

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

Lawyers 40

Lawyers Creditor's Rights Law Firms Creditors 40

Burr Forman

JANUARY 7, 2022

He represents various financial institutions, creditors, landlords, and other parties in all aspects of loan modifications and restructuring, commercial foreclosures, enforcement of security interests and domestic and foreign judgments, Chapter 7 and 11 bankruptcies, and creditors’ rights litigation. About Burr & Forman LLP.

Bankruptcy 52

Bankruptcy Creditors Secured Creditor Manufacturing 52

Jimerson Firm

DECEMBER 30, 2020

The borrower’s current financial information allows the lender or CDC to make prudent lending decisions regarding the feasibility and structure of the workout agreement. 3) a complete copy of the borrower’s personal federal income tax returns from the past two years, or a written explanation as to why a copy is not available.

Loans 98

Loans Collateral Lender Foreclosure 98

The Creditors Rights

AUGUST 16, 2016

In short, the court held that the “free and clear” language of § 363(f) applies to claims that flow from the debtor’s ownership of the sold assets. The court also agreed with the bankruptcy court that Old GM could have easily identified the holders of these claims and could have provided them with actual notice of the proposed sale by mail.

Bankruptcy 40

Bankruptcy Debtor Creditor's Rights Creditors 40

Jimerson Firm

JANUARY 27, 2021

2) SBA Form 770 (Financial Statement of Debtor) , or other current financial statement, signed under penalty of perjury, showing the borrower’s assets, liabilities, income, and expenses. If the borrower is a going concern, the borrower must include their last year-end financial statements.

Loans 96

Loans Lender Collateral Creditors 96

Jimerson Firm

AUGUST 7, 2020

The receiver will also be required to post with the court a bond that is conditioned on the faithful discharge of the receiver’s duties, is issued by one or more sureties approved by the court, is in an amount specified by the court, and is effective as of the date of the receiver’s appointment. 1), Fla.

Foreclosure 98

Foreclosure Lender Judgment Creditors 98

Jimerson Firm

JULY 30, 2020

5th DCA 1980) (“Since the appellees unconditionally guaranteed payment of the debt to the bank, clearly the bank could obtain a judgment for the deficiency against each of the guarantors and the debtor. Bryan, 384 So. 2d 1323, 1324 n.3

Lender 98

Lender Foreclosure Loans Banks 98

The Creditors Rights

JUNE 7, 2016

In Lake Michigan Beach , the debtor was organized under the laws of the state of Michigan. If they don’t, a lack of the blocking director’s consent may not prevent the borrower from filing bankruptcy. This harsh lesson was learned by the lender in In re: Lake Michigan Beach Pottawattamie Resort, LLC , 547 B.R. 899 (Bankr.

Lender 40

Lender Bankruptcy Foreclosure Government 40

Financial Forensic Services

SEPTEMBER 19, 2021

The judgment debtor is free to walk out of court (if having bothered to show up) and go about life as the debtor sees fit. You walk out of court knowing you’re the winner, and your attorney really showed the bad guys who’s right. Have a nice day.”

Judgment Enforcement 52

Judgment Enforcement Judgment Debtor Creditor's Rights 52

The Creditors Rights

JULY 5, 2016

In Opportunity Finance , the debtors were Petters Company, Inc. (“PCI”) The Eighth Circuit recently answered this question in the negative, holding a lender to a special purpose entity is not a person aggrieved by an order of substantive consolidation and, therefore, lacks standing to appeal the order. Opportunity Finance, LLC et al v.

Lender 40

Lender Bankruptcy Creditors Collateral 40

The Creditors Rights

AUGUST 2, 2016

A debt collector who violates these proscriptions faces civil liability to the debtor. Debt collectors are a narrow subset of creditors who might file proofs of claim in chapter 13 cases.

Debt collector 40

Debt collector Fair Debt Collection Bankruptcy Creditors 40

ABI

FEBRUARY 26, 2025

[Title 11] does not affect any right of a creditor to offset a mutual debt owing by such creditor to the debtor that arose [pre-petition]. 1822(d) to be the statutory authorization for FDIC to establish pre-existing setoff rights by withholding payments from depositors to pay off their liabilities. [17]

Bankruptcy 40

Bankruptcy Debtor Creditors Banks 40