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What Are Creditors’ Rights During Insolvency Proceedings?

Hudson Weir

If your business is struggling to pay its debts when they fall due, its important to keep in mind what are creditors rights during insolvency proceedings? As a director of an insolvent company, your overriding duty moves from maximising profits for the owners to preventing further losses, with creditors repayments in mind.

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S.C. Drops Review of Right-to-Cure Lawsuit

Account Recovery

The South Carolina Supreme Court has changed its mind and will not issue a ruling in a case over whether a debt collector is required to send a right-to-cure notice to a consumer under state law before filing a lawsuit to collect on an unpaid debt. The Supreme Court had heard arguments in the case of Portfolio Recovery Associates v.

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Daily Digest – December 5. Senate Bill Aims to Restrict Medical Debt Collections; Calif. Appeals Court Upholds Ruling for Creditor in RFDCPA Case

Account Recovery

SENATE BILL SEEKS TO PLACE RESTRICTIONS ON MEDICAL DEBT COLLECTION A bill has been introduced in the Senate that seeks to cap the interest rate that can be charged on unpaid medical debts, create a private right of action, and force providers to wait 180 days after a bill has been sent before engaging in … The post Daily Digest – December 5.

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Pennsylvania Court Affirms Remote Testimony in Debt Collection Dispute

Account Recovery

A Pennsylvania Appeals Court has affirmed a lower court’s ruling in favor of a creditor that sued a consumer over an unpaid credit card bill, where the trial court allowed a witness to testify remotely. In 2018, the consumer, who had applied for and used a credit card issued by the creditor, accumulated a debt of $8,347.94.

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Proof Of Debt: Owing Creditors Money After Company Liquidation

Hudson Weir

During a companys liquidation, the appointed insolvency practitioner aims to raise as much money as viable to repay creditors, but there may not be enough to reimburse everyone. A proof of debt form is one way that creditors can increase their chances of recouping some of the money owed to them.

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FTC Sues, Gets TRO Against Debt Collector

Account Recovery

Additionally, the defendants often failed to provide legally required notices, such as written communications disclosing the amount of debt, the name of the creditor, and the consumer’s right to dispute the debt within 30 days.

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Appeals Court Partially Reverses Dismissal of FDCPA Case Over Consumer Status and Debt Definition

Account Recovery

The ruling emphasized that a bankruptcy discharge eliminates personal liability but does not extinguish a creditors right to enforce a lien on property. The court found that, despite the discharge, the plaintiff retained a debt as defined under the FDCPA because the mortgage lien on the property remained enforceable.