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. Bankruptcy Code, Telephone Consumer Protection Act (TCPA), The Fair Credit Reporting Act (FCRA), and the Fair Debt Collection Practices Act (FDCPA) all prohibit certain types of creditor behavior and are tools for consumers to use to fight back against unscrupulous debt collectors. If a creditor breaks the law, you can contact a lawyer to pursue a case against them.

Recent Amendments Place Creditors in a Stronger Position to Defend Against Chapter 11 Bankruptcy Preference Lawsuits

Fraser

Fortunately, the Bankruptcy Code provides creditors with certain defenses they can use to ward off a preference lawsuit, and Congress recently took action that strengthens those defenses.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

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

Account Recovery

Judge Dismisses MTD in FDCPA Case Over Creditor Name in Letter

Account Recovery

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. The debtor is required to serve all known creditors with notice of the commencement of the chapter 11 case. Conversely, a creditor must also perform its post-petition obligations to a debtor.

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

Account Recovery

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.

Daily Digest – October 15. Getting to Know Jenna Guyton of Americollect; Judge Grants Motion for Defense Over Creditor ID in Letter

Account Recovery

Getting to Know Jenna Guyton of Americollect; Judge Grants Motion for Defense Over Creditor ID in Letter appeared first on AccountsRecovery.net.

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.

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

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.

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. As I have previously discussed , the procedural requirements governing creditor claims are strict and even actual knowledge of the claim by the administrator is not be a defense to late filing. Comments & Insights Creditor Claims New Hampshire

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. Is garnishing PPP or CARES Act funds an option for satisfying outstanding monies owed to judgment creditors? Although New York has liberal laws on judgment enforcement, CPLR Sect 5222-a provides a laundry list of funds exempt from creditors’ reach.

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

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. I am always happy to try to discuss with fellow counsel general issues of law and practice and can be reached via the information below. Ralph F. Holmes McLane Middleton. ralph.holmes@mclane.com (603) 628-1409 (office) (857) 278-0019 (cell). Download. Pleadings Bank Trust Notices and Forms

What if I Forget to List a Creditor in My Bankruptcy?

Ks Law

Forgetting a creditor when your bankruptcy case is pending. If you learn or notice that a creditor is not listed while the case is pending, it is a more simple fix. Forgetting a creditor after your bankruptcy case is over. The more serious problem arises when a forgotten creditor shows up when the case is over, making demand for payment or even filing suit. The case may be reopened, though, to list the creditor and obtain a discharge.

PreCollect Letters Spell Trouble for Creditor under FDCPA

Consumer Financial Services Law

Creditors and debt collectors who utilize pre-collect practices should pay close attention to a recent opinion from the Eastern District of Michigan. 1, 2016), the collection agency agreed to provide the creditor with demand letter services which involved a series of three letters per debt account. Each letter contained a remittance slip, return address and telephone number provided by the creditor. The consumer further alleged that the creditor violated 15 U.S.C.

Secured Creditors Beware: Ninth Circuit Holds a Chapter 13 Debtor may Avoid Liens Even if not Entitled to a Discharge

The Creditors Rights

The creditor in Blendheim was HSBC Bank, which held a deed of trust lien on the debtors’ home. Because this section provides that a lien is void if it secured a debt which is not an allowed secured claim, the court concluded that Congress’ intent was manifest, and held the purpose of § 506(d) was to nullify a creditor’s legal rights in a debtor’s property if the creditor’s claim is disallowed. Congress enacted § 1328(f) of the Bankruptcy Code when its passed BAPCPA.

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. However, if the debt itself was not incurred by actual fraud, but the debtor subsequently transfers his assets with the intent prevent its creditors from obtaining payment, may the creditor still obtain a judgment denying the debtor’s discharge under § 523(a)(2)(A)?

Clerical Error in Creditor’s Name Does Not Sink Debt Collector

Consumer Financial Services Law

A demand letter sent by a debt collector was not doomed by an incorrect statement of the creditor’s name. The letter noted the creditor’s name as being “Encompass Management Consultants” when instead the actual creditor’s name was Encompass Management & Consulting LLC. 1692g by failing to accurately identify the creditor. The court therefore concluded that the least sophisticated consumer would have understood Encompass to be the creditor.

Eighth Circuit Holds A Reorganization Plan May Treat Creditors More Favorably in Exchange For “Valuable New Commitments” Without Violating Section 1123(a)(4)

ABI

1] In In re Peabody Energy Corporation , the United States Court of Appeals for the Eighth Circuit held that “consideration for valuable new commitments” made by certain members of a creditor class under a reorganization plan did not violate this equal treatment requirement. [2] 4] A group of Non-Consenting Creditors (the “Ad Hoc Committee”) contested the Private Placement element of the plan, which allowed qualifying creditors to purchase preferred stock at a 35% discount. [5]

Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges: Part 5 – Commercial Foreclosures 101

Jimerson Firm

Banking & Financial Services Industry Blog Florida Business Litigation Blog Real Estate Development, Sales and Leasing Industry Blog Banking and Lender Liability Law Business Litigation Creditors Rights and Commercial Collections Real Estate Law

District Court Holds that a Debt Collector May Not Rely on Information Provided by Creditor, Rejects Bona Fide Error Defense Claim

Consumer Financial Services Law

Dunn A District Court in the Seventh Circuit has held that a debt collector may not avail itself of the § 1692k(c) bona fide error defense if it “intentionally chose to present conflicting information,” even if that conflicting information was provided to it by the creditor. Implications of Garcia The Garcia court’s holding that information relayed to a debt collector by a creditor is irrelevant to the determination of whether the collector can rely on a bona fide error defense is novel.

Filing a Proof of Claim in Bankruptcy: What You Need to Know

Fraser

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. A creditor must be served with an objection and has an opportunity to respond.

Canceling and Rescheduling a Mortgage Foreclosure Sale Now Requires a Motion

Jimerson Firm

Banking & Financial Services Industry Blog Creditors Rights and Commercial Collections

Serving a Defendant in a Residential Foreclosure Action by Publication

Jimerson Firm

Banking & Financial Services Industry Blog Creditors Rights and Commercial CollectionsA residential mortgage foreclosure action is initiated in Florida by filing a verified complaint with the appropriate court.

Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges: Part 4 – Assignment of Rents Under Section 697.07, Florida Statutes

Jimerson Firm

Banking & Financial Services Industry Blog Florida Business Litigation Blog Real Estate Development, Sales and Leasing Industry Blog Banking and Lender Liability Law Business Litigation Creditors Rights and Commercial Collections Landlord/ Tenant Law (commercial) Real Estate Law

Fiduciary Duties And Financial Distress In The Time Of COVID-19

In the Red

When a company is insolvent, meaning it’s not able to pay its creditors in full, the directors and officers still owe their fiduciary duties of due care and loyalty to the corporation. However, upon insolvency, creditors have standing to bring derivative claims for breach of fiduciary duty against directors and officers. Creditors cannot bring direct claims for breach of fiduciary duty, giving directors and officers flexibility in negotiations with lenders or other creditors.

Lender 100

Indiana Rental Assistance Program

Sawin & Shea

Bankruptcy Law Debt Relief Solutions Protection from CreditorsThere is rent money help available for Indiana residents affected by the economic ramifications of Covid-19. Thousands of good Hoosier families have fallen behind in their rent through no fault of their own. To help those individuals, the State of Indiana and the city of Indianapolis have announced rent assistance programs. These programs could help you cure several months of rent.

Florida’s Fast-Track Residential Foreclosure Process

Jimerson Firm

Banking & Financial Services Industry Blog Creditors Rights and Commercial Collections

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

Jimerson Firm

Banking & Financial Services Industry Blog Florida Business Litigation Blog Banking and Lender Liability Law Business Litigation Creditors Rights and Commercial Collections

Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges – Part 3: Commercial Mortgage Default Options Including Acceleration and Enforcement of Personal Guaranties

Jimerson Firm

Therefore, if the written guaranty limits the liability of the guarantor to a sum certain, unless otherwise set forth in the guaranty, the sum certain in the guaranty represents the guarantor’s aggregate liability and is not offset by the debtor’s payments to the creditor.

Does a Commercial Landlord Have a Duty to Mitigate Damages After a Tenant Breaches the Lease Agreement?

Jimerson Firm

Florida Business Litigation Blog Real Estate Development, Sales and Leasing Industry Blog Business Litigation Creditors Rights and Commercial Collections Landlord/Tenant Law (commercial) Real Estate LawGenerally, a commercial landlord does not have a duty to mitigate or reduce its damages after a tenant breaches the commercial lease agreement. See Coast Fed. Savs. & & Loan Ass’n v. DeLoach , 362 So. 2d 982, 984 (Fla. 2d DCA 1978).

Can I Protect My Home and Personal Property in Bankruptcy?

Sawin & Shea

If you have assets that exceed the allowed exemptions, your attorney will discuss options, such as a Chapter 13 bankruptcy, that can help you hang onto items that might be taken for the benefit of your creditors in a Chapter 7. Bankruptcy Law Property Protection from Creditors bankruptcy basics exemption propertyIf you’re filing for bankruptcy, you might be assuming that you’ll lose your house and personal property. This is rarely true.

The Strong Silent Type: Password Managers Bridge the Gap Between Convenience and Security

NCBA Law Practice Management Blog

Through a unique partnership between the bar association and Jared Correia ’s Red Cave Law Firm Consulting , National Creditors Bar Association members now have access to experienced law practice management consultants at a special discounted rate. 1Password Dash;ane Dropbox KeePass LastPass law firms Microsoft Outlook National Creditors Bar Association password managers passwords Quickbooks technology website securityDo you reuse the same passwords over and over again?

What Is Law Practice Management Consulting?

NCBA Law Practice Management Blog

A number of bar associations offer law practice management consulting services, and that number now includes the National Creditors Bar Association. business management consulting finance financial management law firms law practice management consulting lawyers marketing National Creditors Bar Association technologyLaw practice management consulting is, essentially, business management consulting for law firms.

Indianapolis Moratoriums Ending – Potential Utilities Shut Off

Sawin & Shea

Debt Relief Governmental immunity Protection from CreditorsTranscript: Yes. Hello. Good afternoon, Richard Shea here with Sawin and Shea. As you are aware, due to COVID-19, there had been a lot of moratoriums on place regarding debt collection and especially related to utilities. Well, as noted in the Indianapolis Star, just yesterday, those moratoriums are starting to come to an end.