What Can I Do About Creditor Harassment?

Sawin & Shea

After you file for bankruptcy, it is illegal for your creditors to continue contacting you and asking for payments. If a creditor breaks the law, you can contact a lawyer to pursue a case against them. Here is a closer look at how you can take action against creditor harassment.

NDCA Judge Grants MTD in FDCPA Case Over Creditor ID in Letter

Account Recovery

Compliance FDCPA 1692g Creditor Identification District Court for the Northern District of California Judge Yvonne Gonzalez Rogers Lenzini v.

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Brit Suttell profiled in Creditor Collections Today

BN Lawyers

Creditor Collections Today wrote a nice profile of BNPC attorney Brit Suttell. Highlights include how Brit grew up addressing green cards in her father’s law office and how she wooed her wife by catching and grilling a salmon. Read the profile at [link]. Share List.

Supreme Court Denies Petition for Certiorari in Tribune Creditors’ Case

PBWT

In March, we reported on a brief filed by the Solicitor General recommending denial of a petition for certiorari filed by Tribune creditors seeking Supreme Court review of the Second Circuit ruling dismissing their state-law fraudulent transfer claims.

New Court Ruling on Whether Avoidance Powers Require Benefit to Creditors

PBWT

Is there a general requirement that these avoidance powers only be used when doing so would benefit creditors? Plaintiff’s two principal creditors are Defendant, with claims totaling $3,545,000, and the Small Business Administration (“SBA”), with a claim of $149,143.

New Law in Arizona Changes Homestead Exemption for Judgment Creditors

Account Recovery

How Can a Secured Creditor Repossess Collateral Without Breaching the Peace?

Jimerson Firm

In the event the borrower defaults, usually by failing to make loan payments, a secured creditor has a right to take possession of the collateral. The quickest and cheapest way for a secured creditor to take possession of the collateral is by self-help repossession.

New Bankruptcy Court Ruling on When a Creditor Can File a Late Proof of Claim

PBWT

A creditor in bankruptcy must normally file a proof of claim by a certain specified time, known as the bar date, or have its claim be barred. Can the creditor then take advantage of this provision, or does it only apply when the creditor matrix is not timely filed at all?

As Chapter 11 Bankruptcy Filings Surge, Here’s What Creditors Need to Know to Protect and Enforce Their Rights

Fraser

Creditors of a bankrupt company must be aware of the various deadlines and procedures that govern the chapter 11 process in order to protect and enforce their rights. For creditors to maximize their recoveries, they must stay informed and take action during a bankruptcy proceeding.

Using Florida’s Homestead Exemption to Reduce Your Property Taxes and Protect Your Property From Creditors

Jimerson Firm

Florida residents can register their primary residence as a homestead under the Homestead Exemption and receive asset protection from creditors and up to $50,000 in property tax exemptions. Protection from Creditors under the Homestead Exemption. In the mid-1880s, the U.S.

Court Staff Returning to Work Spells Great News for Creditors

FFGN COLLECT NY

Court staff returning to work is great news for creditors who filed or will file New York Civil Court debt collection actions in New York City’s lower courts. An in-person return to work is exactly what creditors need to move their cases forward and hopefully obtain judgment after a year-plus wait. Civil Court is available to most creditors filing cases up to $25,000.00 This prohibited creditors whose cases were ready for judgment from obtaining them.

New York Issues New Consumer Debt Collection Requirements for Creditors Pursuing Legal Action

FFGN COLLECT NY

After New York Governor Andrew Cuomo signs the Consumer Credit Fairness Act (S.153/Thomas) into law, many creditors will need to provide significant documentation in order to file a debt collection action against their non-paying consumers. Creditors must provide specific information identifying the amount owed as well as proof that the consumer owes that debt.

Regulators Care As Much About Consumer Preference in Debt Collection as Creditors

True Accord

Recent regulatory activity makes it clear: regulators care as much about consumer preference in debt collection as creditors.

Judge Reverses Course, Undoes Certification, MSJ for Plaintiff in FDCPA Case Over Creditor ID in Letter

Account Recovery

Section 1126 of the Bankruptcy Code and the Dangers of Sleeping on Your Rights as a Creditor

PBWT

This is especially true if you’re a creditor in a chapter 11 case. Two mortgage companies held more than $800,000 in secured claims, and 33 creditors had unsecured claims totaling about $1.1 Just seven unsecured creditors voted on the plan, all in favor.

CMS Services Launches Free Terms & Conditions Database With Agreements From Hundreds of Creditors Nationwide

Account Recovery

Judge Grants MSJ For Plaintiff Over Status of Debt Because Creditor Canceled Account

Account Recovery

Wisc. Judge Grants MTD in FDCPA Case Over Creditor Name in Letter

Account Recovery

A District Court judge in Wisconsin has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because it allegedly failed to correctly identify the creditor to whom a debt was owed in a collection letter.

EDNY Judge Denies MTD in FDCPA Case Over Reference to Creditor in Letter

Account Recovery

Cryptic Crypto: Creditors Move for Ch. 7 for Alleged Madoff-Like Fraud

PBWT

We will update this post after Judge Dorsey rules on the motion, but it is difficult to imagine that he will permit the Debtors to remain in possession of their business if even some of the allegations leveled by the moving creditors are supported by the evidence

Notice of Creditor Claim by Trustee Does Not Serve as Notice by Trust Beneficiary

McLane

In order to preserve the right to bring a creditor claim against a NH estate, a creditor must serve on the administrator a demand for payment within six months of the administrator’s appointment. Comments & Insights Creditor Claims New Hampshire

Creditor v. debt collector: What is the difference?

Albuquerque Law

Is it a creditor or a debt collection agency? Many New Mexicans might believe that creditors and debt collectors are essentially the same. Individuals must understand the difference: Creditors are the parties to which individuals owe the original debt. Debt collector s , on the other hand, are agencies that creditors hire to collect delinquent debts. Struggling with debt plus calls from creditors and debt collection agencies can be incredibly stressful.

Judge Dismisses MTD in FDCPA Case Over Creditor Name in Letter

Account Recovery

Judge Grants Motion For Defense in FDCPA Case Over Creditor Identification in Letter

Account Recovery

Judge Grants MSJ For Defendant, Vacates Class Certification In FDCPA Creditor ID Case

Account Recovery

The judge … The post Judge Grants MSJ For Defendant, Vacates Class Certification In FDCPA Creditor ID Case appeared first on AccountsRecovery.net.

Daily Digest – June 1. NDCA Judge Grants MTD in FDCPA Case Over Creditor ID in Letter; Sixth Circuit Jumps on Standing Bandwagon

Account Recovery

NDCA Judge Grants MTD in FDCPA Case Over Creditor ID in Letter; Sixth Circuit Jumps on Standing Bandwagon appeared first on AccountsRecovery.net.

Judge Grants MTD in FDCPA Case Over Alleged Mis-Identified Creditor, Amount in Letter

Account Recovery

Judge Grants Motion for Defense in FDCPA Case Over Name of Current Creditor in Letter

Account Recovery

Daily Digest – December 2. Judge Denies MTD in FDCPA Case Over Reference to Creditor; CFPB Sues Debt Settlement Company

Account Recovery

Judge Denies MTD in FDCPA Case Over Reference to Creditor; CFPB Sues Debt Settlement Company appeared first on AccountsRecovery.net.

Can a NY Judgment Creditor Garnish PPP or Other CARES Act Funds?

FFGN COLLECT NY

With both consumers and small businesses receiving funds from the Paycheck Protection Program (PPP) and CARES Act, questions have come up as to whether these amounts can be frozen or garnished by debt collectors or creditors.

Contradictions in NH Law: Claims of Deceased Settlor’s Creditors (Links to New Sample Notices)

McLane

Probate Scheme For Creditor Claims. Claims of a decedent’s creditor are made against the administrator of the decedent’s estate, that is, an estate must be opened and an administrator appointed for a claim to be adjudicated. If no estate is opened, a creditor may petition to open the estate. This scheme for resolution of creditor claims worked well when assets passed from one generation to the next via wills.

Sixth Circuit: Creditor did not Violate Chapter 7 Discharge Injunction While Negotiating Release of Lien

Foster Swift

Once a Chapter 7 debtor receives a discharge of personal debts, creditors are enjoined from taking action to collect, recover, or offset such debts. However, unlike personal debts, liens held by secured creditors “ride through” bankruptcy. The underlying debt secured by the lien may be extinguished, but as long as the lien is valid it survives the bankruptcy. Read More › Tags: 6th Circuit Court of Appeals , Chapter 7

Consumer Financial Protection Bureau Files Suit Against Mortgage Creditor for Discriminatory Mortgage-Lending Practices

Consumer Finance

a nonbank retail-mortgage creditor based in Chicago, for violations of the Equal Credit Opportunity Act; its implementing regulation, Regulation B; and the Consumer Financial Protection Act. The Consumer Financial Protection Bureau filed a lawsuit against Townstone Financial, Inc., Press release Fair lending Enforcement

Trust Notice of Settlor’s Death to Settlor’s Creditors

McLane

This examplar is offered as a sample for educational purposes only. References to law and rules may not be current or accurate. Counsel must evaluate whether the document has utility in a given case.

Daily Digest – August 7. NYC Publishes Language Access FAQs; Judge Grants Motion in FDCPA Case Over Creditor Name in Letter

Account Recovery

NYC Publishes Language Access FAQs; Judge Grants Motion in FDCPA Case Over Creditor Name in Letter appeared first on AccountsRecovery.net.