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.

Judge Rules for Defendants in Two FDCPA Current Creditor Cases

Account Recovery

A copy of the … The post Judge Rules for Defendants in Two FDCPA Current Creditor Cases appeared first on AccountsRecovery.net. Compliance FDCPA Current Creditor District Court for the Eastern District of New York Judge Brian Cogan Ortiz v.

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Creditor Fined $10k For Collecting Debts Using Different Name

Account Recovery

How Creditors and Collectors Can Work Together for Consent Management

PDC Flow

But what about creditors? All creditor clients that use a third party agency should know about Regulation F. They talked about types of consent, data maintenance and consent best practices for both creditors and third party collection partners. Regulation F is now a reality.

How can creditors recover unpaid debts?

J & W

Unfortunately, creditors tend to get a bad rap for simply trying to recover the money they are owed. There is plenty of confusion surrounding creditors’ rights as well, which can make things even more complicated. Can creditors garnish wages? In Georgia, it is possible for creditors to garnish as much as 25% of wages when debtors either refuse to repay debts or only make minimal efforts to do so. Creditors do need to go to court to obtain a judgment first, though.

Supplementary process allows creditors to examine assets

Collections Law

Examining a debtor’s assets As a judgment creditor, Massachusetts law allows you to apply for a supplementary process where you summon the debtor to an examination of the debtor’s assets and ability to pay the judgment.

Judge Grants MTD in FDCPA Case Over Dispute Sent to Creditor, Not Collector

Account Recovery

A copy of … The post Judge Grants MTD in FDCPA Case Over Dispute Sent to Creditor, Not Collector appeared first on AccountsRecovery.net.

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.

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.

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.

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.

Crucial Conversations All Debt Collectors Should Have with their Creditors

Consumer Financial Services Law

As debt collectors make the final push towards implementation, there are crucial conversations debt collectors should be having with creditors to ensure a smooth transition. Debt collectors should be discussing the referral process with their clients to ensure a clear understanding of the amount of the debt and what new or additional information creditors will need to provide for the debt collector to initiate collections. Adjust Expectations of the Creditor.

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.

Judge Grants MSJ for Defendant in FDCPA Case Over Creditor ID in Letter

Account Recovery

” A copy of the ruling in … The post Judge Grants MSJ for Defendant in FDCPA Case Over Creditor ID in Letter appeared first on AccountsRecovery.net.

Recent Decision on Derivative Standing by a Creditors’ Committee to Challenge a Lender’s Liens

PBWT

In many chapter 11 cases, creditors’ committees can play a vital role in maximizing the recoveries of unsecured creditors. But the powers of creditors’ committees are circumscribed by both the Bankruptcy Code and case law.

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 Law in Arizona Changes Homestead Exemption for Judgment Creditors

Account Recovery

Unqualified “Cares” Act Funds Can’t Be Used To Pay Creditors

PBWT

Gargotta rejected a debtor’s attempt to use “CARES Act” funds, which it did not actually qualify for, to pay creditors in its chapter 11 case. Bankruptcy Judge Craig A.

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.

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.

Daily Digest – August 18. Bedard Discusses Validation Information Exception; Judge Rules for Defendants in Two FDCPA Current Creditor Cases

Account Recovery

Bedard Discusses Validation Information Exception; Judge Rules for Defendants in Two FDCPA Current Creditor Cases appeared first on AccountsRecovery.net.

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?

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

Account Recovery

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.

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.

Daily Digest – October 26. Judge Denies Defendant’s Motion in FDCPA BK Case; Creditor Fined $10k For Collecting Debts in Different Name

Account Recovery

Judge Denies Defendant’s Motion in FDCPA BK Case; Creditor Fined $10k For Collecting Debts in Different Name appeared first on AccountsRecovery.net.

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

Account Recovery

Rick Steinberg to give live webinar presentation on October 6 at 1:00 through Strafford on Bankruptcy and Secured Creditor Priority: Identifying, Resolving, or Avoiding Hidden and Springing Liens

Price Meese

Steinberg and the firm are pleased to announce that he will be speaking in an upcoming Strafford live video webinar, “Bankruptcy and Secured Creditor Priority: Identifying, Resolving, or Avoiding Hidden and Springing Liens” scheduled for Wednesday, October 6, 1:00pm-2:30pm EDT.

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.

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.

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

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

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

Account Recovery