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Government is Making Debt Recovery a lot Harder

Nexa Collect

The US government has thrown a slew of laws on collection agencies, making bad-debt recovery harder and costlier. Our government’s intention behind these laws is not wrong, but the ground reality is different. . Debtors who would have usually paid quickly are now disputing the collection notices more than ever.

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Can a Secured Creditor Refuse to Sell the Collateral?

Jimerson Firm

Any secured creditor, large or small, may encounter a situation in which it is preferable to retain or recover the collateral in a transaction without having to sell the collateral itself. The purpose of this article is to make creditors aware of what is and is not possible to do under Florida law. 679.609(1).

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How Bankruptcy Code Section 363 Benefits Debtors and Creditors

Collection Industry News

Under section 363 of the Bankruptcy Code, a debtor-in-possession in a chapter 11 bankruptcy proceeding can seek court approval to sell some or all of the debtor’s assets, free and clear of all claims and encumbrances. This process is beneficial for debtors in that it allows for a more streamlined method of liquidating its assets.

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Collaborative Approaches between Creditors and Debt Collection Attorneys in New York

FFGN COLLECT NY

It is challenging to balance these factors for creditors who collect payments from debtors. As such, many creditors hire debt collection attorneys to ensure they comply with existing ethical and legal standards. They can inform you of detailed statutes and applicable laws governing your debt collection situation.

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Creditor that Filed an Excessive Claim Draws Court’s Rebuke and Possible Sanctions

PBWT

This post is about a junkyard, hogs getting slaughtered, and a bankruptcy judge poised to sanction a creditor and her counsel. More specifically, in this case, a junkyard is the location of the debtor’s property, which consists of “construction debris, scrap piles, tire mounds, collapsed trailers, and inoperable vehicles.”

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New Court Ruling on Whether Avoidance Powers Require Benefit to Creditors

PBWT

The Bankruptcy Code grants the power to avoid certain transactions to a bankruptcy trustee or debtor-in-possession. Is there a general requirement that these avoidance powers only be used when doing so would benefit creditors? See, e.g., 11 U.S.C. §§ §§ 544, 547–48.

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Creditors Barred from Asserting $53 Million Claim: A Look at the Excusable Neglect Standard

PBWT

The debtor is a well-known truck rental company. Years before the debtor filed for bankruptcy, a class action lawsuit was filed against it. The suit alleged the debtor had improperly charged certain environmental fees and sought damages totaling $53 million. In June 2021, the debtor filed for chapter 11. 10, 2021 ).