Sawin & Shea

JUNE 25, 2020

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.

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Creditors Fair Debt Collection Debtor Debt collector 53

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.

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Creditors Bankruptcy Construction Foreclosure 63

Account Recovery

OCTOBER 15, 2020

Fair Debt Collection 52

Fair Debt Collection Creditors Judgment Collections 52

Account Recovery

AUGUST 21, 2020

Creditors 56

Creditors Original Creditor 56

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. 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.

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Creditors Debtor Unsecured Creditor Bankruptcy 46

Account Recovery

AUGUST 7, 2020

Fair Debt Collection 56

Fair Debt Collection Creditors Judgment Collections 56

Albuquerque Law

MAY 18, 2020

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.

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Creditors Debt collector Collection Agencies Collections Agency 40

Account Recovery

OCTOBER 15, 2020

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

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Creditors 56

Account Recovery

AUGUST 7, 2020

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

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Creditors 56

Consumer Finance

JULY 14, 2020

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

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Retail Creditors 63

McLane

APRIL 15, 2020

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.

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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. 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

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Creditors Government Judgment 40

FFGN COLLECT NY

JUNE 3, 2020

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.

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Garnishment Creditors Judgment Judgment Enforcement 40

Foster Swift

AUGUST 3, 2020

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

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Secured Creditor Bankruptcy Debtor Creditors 40

McLane

APRIL 15, 2020

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

Education 40

Education Creditors Banks 40

Ks Law

JULY 1, 2016

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.

Creditors 40

Creditors Bankruptcy 40

Consumer Financial Services Law

DECEMBER 12, 2016

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.

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Creditors Collection Agencies Collections Agency Collections 40

The Creditors Rights

MARCH 15, 2016

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.

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Secured Creditor Debtor Creditors Creditors Rights 40

The Creditors Rights

JUNE 21, 2016

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)?

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Creditors Manufacturing Judgment Creditors Rights 40

Consumer Financial Services Law

FEBRUARY 1, 2017

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.

Creditors 40

Creditors Debt collector Debtor Judgment 40

ABI

JANUARY 16, 2020

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]

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Bankruptcy Debtor Creditors Judgment 40

Jimerson Firm

OCTOBER 22, 2020

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

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Foreclosure Judgment Creditors Rights Collateral 52

Consumer Financial Services Law

MARCH 8, 2018

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.

Creditors 40

Creditors Judgment Debt collector Debtor 40

Fraser

SEPTEMBER 28, 2020

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.

Bankruptcy 52

Bankruptcy Financial Institution Debtor Construction 52

Jimerson Firm

OCTOBER 9, 2020

Banking & Financial Services Industry Blog Creditors Rights and Commercial Collections

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Foreclosure Creditors Rights Judgment Financial services 60

Jimerson Firm

SEPTEMBER 28, 2020

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.

Foreclosure 66

Foreclosure Creditors Rights Construction Judgment 66

Jimerson Firm

SEPTEMBER 22, 2020

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

Foreclosure 64

Foreclosure Creditors Rights Financial services Commercial Collection 64

In the Red

MARCH 23, 2020

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.

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Lender Judgment Government Bankruptcy 100

Sawin & Shea

JULY 9, 2020

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.

Chapter 13 bankruptcy 63

Chapter 13 bankruptcy Creditors Bankruptcy 63

Jimerson Firm

AUGUST 24, 2020

Banking & Financial Services Industry Blog Creditors Rights and Commercial Collections

Foreclosure 60

Foreclosure Judgment Creditors Rights Financial services 60

Jimerson Firm

AUGUST 7, 2020

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

Foreclosure 57

Foreclosure Creditors Rights Judgment Unsecured Debt 57

Jimerson Firm

JULY 30, 2020

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.

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Creditors Rights Loans Foreclosure Judgment 60

Jimerson Firm

JULY 15, 2020

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).

Creditors Rights 52

Creditors Rights Judgment Commercial Collection Law Firms 52

Sawin & Shea

JUNE 18, 2020

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.

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Chapter 7 bankruptcy Bankruptcy Chapter 13 bankruptcy Foreclosure 47

NCBA Law Practice Management Blog

OCTOBER 15, 2018

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?

Law Firms 100

Law Firms Creditors 100

NCBA Law Practice Management Blog

OCTOBER 1, 2018

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.

Education 100

Education Law Firms Creditors Lawyers 100

Sawin & Shea

JUNE 29, 2020

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.

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Bankruptcy Collections Creditors 40