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” 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. MORE
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. MORE
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 MORE
Recent regulatory activity makes it clear: regulators care as much about consumer preference in debt collection as creditors. MORE
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. MORE
Judge Denies Defendant’s Motion in FDCPA BK Case; Creditor Fined $10k For Collecting Debts in Different Name appeared first on AccountsRecovery.net. MORE
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. MORE
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. MORE
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. MORE
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. MORE
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. MORE
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. MORE
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. MORE
Compliance FDCPA 1692g Creditor Identification District Court for the Northern District of California Judge Yvonne Gonzalez Rogers Lenzini v. MORE
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. MORE
The judge … The post Judge Grants MSJ For Defendant, Vacates Class Certification In FDCPA Creditor ID Case appeared first on AccountsRecovery.net. MORE
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. MORE
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. MORE
A copy of … The post Judge Grants MTD in FDCPA Case Over Dispute Sent to Creditor, Not Collector appeared first on AccountsRecovery.net. MORE
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. MORE
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. MORE
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. MORE
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? MORE
Bedard Discusses Validation Information Exception; Judge Rules for Defendants in Two FDCPA Current Creditor Cases appeared first on AccountsRecovery.net. MORE
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. MORE
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. MORE
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. MORE
But aside from the difference in cost advance, is the increase of the monetary limit in the civil courts good for creditors bringing debt collection claims in the New York state courts? The post Is the Increase in the Monetary Limit in the Civil Courts Good for Creditors? MORE
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. MORE
Creditors Related Topics Sawin & Shea
JUNE 25, 2020
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.
Account Recovery
AUGUST 18, 2021
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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PDC Flow
NOVEMBER 30, 2021
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.
J & W
JUNE 30, 2021
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.
Collections Law
OCTOBER 12, 2021
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.
Account Recovery
OCTOBER 27, 2021
A copy of … The post Judge Grants MTD in FDCPA Case Over Dispute Sent to Creditor, Not Collector appeared first on AccountsRecovery.net.
Account Recovery
JUNE 1, 2021
Compliance FDCPA 1692g Creditor Identification District Court for the Northern District of California Judge Yvonne Gonzalez Rogers Lenzini v.
BN Lawyers
MARCH 15, 2021
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.
Fraser
JULY 21, 2020
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.
Fraser
JUNE 25, 2020
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.
|
Consumer Financial Services Law
OCTOBER 31, 2021
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.
PBWT
APRIL 18, 2021
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.
Account Recovery
AUGUST 17, 2021
” 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.
PBWT
OCTOBER 27, 2021
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.
Jimerson Firm
NOVEMBER 16, 2020
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.
PBWT
OCTOBER 18, 2021
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.
Account Recovery
DECEMBER 11, 2020
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.
Jimerson Firm
JUNE 29, 2021
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.
Account Recovery
AUGUST 18, 2021
Bedard Discusses Validation Information Exception; Judge Rules for Defendants in Two FDCPA Current Creditor Cases appeared first on AccountsRecovery.net.
PBWT
JUNE 3, 2021
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?
Account Recovery
APRIL 28, 2021
True Accord
MARCH 25, 2021
Recent regulatory activity makes it clear: regulators care as much about consumer preference in debt collection as creditors.
PBWT
JULY 20, 2021
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.
Account Recovery
OCTOBER 26, 2021
Judge Denies Defendant’s Motion in FDCPA BK Case; Creditor Fined $10k For Collecting Debts in Different Name appeared first on AccountsRecovery.net.
Account Recovery
AUGUST 7, 2020
Price Meese
SEPTEMBER 9, 2021
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.
Account Recovery
JANUARY 14, 2021
The judge … The post Judge Grants MSJ For Defendant, Vacates Class Certification In FDCPA Creditor ID Case appeared first on AccountsRecovery.net.
FFGN COLLECT NY
APRIL 30, 2021
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.
Account Recovery
NOVEMBER 9, 2020
PBWT
FEBRUARY 7, 2021
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.
Account Recovery
APRIL 7, 2021
McLane
MARCH 7, 2020
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
Account Recovery
DECEMBER 2, 2020
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