Sawin & Shea

FEBRUARY 16, 2022

An emergency bankruptcy is a bankruptcy filing method that expedites the filing process to stop creditors and bill collectors from seeking debts from borrowers. An automatic stay is an injunction prohibiting creditors from collecting debts. Additionally, businesses can file an emergency bankruptcy under Chapter 11, but this is rare.

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Sawin & Shea

MAY 10, 2023

You can keep your home and car and will receive automatic court protection from creditors. Chapter 7 bankruptcy also stops lawsuits and garnishments. Chapter 13 bankruptcy , or reorganization bankruptcy, stops repossessions and foreclosures to save your home or investment. It also stops lawsuits and garnishments.

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Debt Free Colorado

DECEMBER 9, 2021

Consider your income, assets, creditors, expenditures, and your ability to pass the means test while selecting between Chapter 13 and Chapter 7. Creditors are prohibited from contacting you after your petition is filed. Complete protection from creditors – This includes wage garnishment and debt collection.

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Credit Corp

JUNE 14, 2023

A charge-off is when the creditor officially writes your debt off its books as a loss. Keep in mind that a creditor writing off your unpaid debt as a loss doesn’t mean you don’t owe the debt. Your creditor may sell your charged-off debt to a collection agency for pennies on the dollar.

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Sawin & Shea

APRIL 26, 2023

The judgment lien definition is that if you owe a creditor money and don’t pay, they can sue you for the balance. If the court rules in their favor, the creditor can file a judgment lien against you, which means that the court has permitted them to forcefully collect that debt from you. What Is a Judgment Lien?

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Sawin & Shea

MAY 26, 2021

This means a foreclosure, repossession, garnishment, or other action can continue against your spouse even after you’re freed of it through bankruptcy – but only if their name is on the debt. If you opt for Chapter 13, an automatic co-debtor stay prevents creditors from hassling either you or your spouse about shared debts.

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Burr Forman

DECEMBER 4, 2020

The new bill issued a moratorium on evictions, foreclosures, and repossessions, which expired on June 30, 2020. On April 23, 2020, Governor Gavin Newsom issued Executive Order N-57-20 exempting stimulus payments and other COVID-19-related government financial assistance from attachment, levy, execution, or garnishment.

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Sawin & Shea

JULY 19, 2023

Under Chapter 7, most people can keep their home and car, if desired, and receive automatic court protection from creditors. Chapter 7 bankruptcy also stops lawsuits and wage garnishments. Chapter 13 , or reorganization bankruptcy, stops repossessions and foreclosures so you can save your home or investment.

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Sawin & Shea

JANUARY 24, 2024

The court sells off your nonexempt assets and uses the proceeds to pay your creditors. Your assets are protected while you make monthly payments to creditors through the court. The remaining qualifying debts are discharged, meaning you are no longer responsible for paying them back.

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Sawin & Shea

JANUARY 11, 2024

Medical bills, credit cards, payday loans, and struggling businesses – it can seem like the letters and calls from creditors will never stop. Staring down mountains of debt can feel overwhelming. Bankruptcy filings for both individuals and businesses are on the rise. There are some key differences between these two types of bankruptcy.

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Sawin & Shea

NOVEMBER 15, 2023

If a debtor has assets that are not protected under those statutes, the trustee can liquidate those items and use the proceeds to pay creditors back something. They may use collection agencies , or they may sue you (asking the court to garnish wages, take an asset, or put a lien on your home).

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Debt Free Colorado

MARCH 3, 2023

Are My Creditors capable of appealing My Bankruptcy? Chapter 7 bankruptcy Given its straightforward and simple nature, Chapter 7 is sometimes referred to as straight bankruptcy since it involves selling the debtor’s assets, and splitting the money among creditors. What Can’t Bankruptcy Do? What Debts are Discharged in Bankruptcy?

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Sawin & Shea

MARCH 20, 2024

If you’re worried about garnishments, foreclosures , lawsuits, repossessions , or other consequences of your debt, connect with an experienced bankruptcy lawyer at Sawin & Shea as soon as possible. Choosing the right solution is a big step that could affect your life for years to come. You deserve a fresh start.

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Debt Free Colorado

APRIL 9, 2020

Below you’ll find some strategies for working with your creditors and deciding which bills are the most important if you can’t pay them all. Reach out to your creditors. The decisions regarding which creditors get paid and which do not can have long term consequences and will require a strategy. Triage your finances.

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Sawin & Shea

JUNE 7, 2023

Cosigner Responsibilities: Bankruptcy and Debt Collection If a primary borrower declares bankruptcy, the co-signer associated with the debt may be responsible to pay back creditors, but this will depend on the type of bankruptcy that the primary debtor filed. Unlike Chapter 7, filing Chapter 13 offers protections for co-signers.

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Sawin & Shea

JUNE 21, 2023

The Chapter 13 repayment plan consolidates your existing debts into a three to five-year plan to pay back your creditors, and initiating the process offers immediate protections, including an automatic stay, and allows you to keep all of your possessions. Filing for Chapter 13 bankruptcy can help you improve your financial situation.

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PBWT

JANUARY 19, 2021

In 2019, we began following a Circuit split regarding a secured creditor’s obligation to return collateral that it lawfully repossessed pre-petition after receiving notice of a debtor’s bankruptcy filing. ” [ii] In December, the Supreme Court granted certiorari and on Thursday adopted the minority view. .’

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Sawin & Shea

SEPTEMBER 20, 2023

Upon filing a Chapter 7, you receive automatic court-oredered protection from creditors and aren’t subject to lawsuits, repossessions, or wage garnishments. In Chapter 13 you enter into a reorganization plan that forces your creditors to take what the law says you can afford, or what you have to pay them.

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Sawin & Shea

AUGUST 24, 2020

Bankruptcy can also stop or delay a home or mortgage foreclosure, stop collection actions, stop garnishments and lawsuits. In exchange of this discharge non-exempt assets are liquidated by a Chapter 7 trustee in order to pay creditors back something. What Do the Various Kinds of Bankruptcy Entail? What does each one mean?

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Credit Corp

MAY 3, 2023

Bankruptcy does have some benefits, such as potentially putting a stop to wage garnishments or foreclosures. Through the bankruptcy, the debtor restructures and then creates and implements a plan to pay back creditors. The Trustee’s office then pays various creditors. What Is Chapter 7 Bankruptcy?

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Troutman Sanders

AUGUST 9, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. You may access this interactive tool at [link]. The rules and related court forms become effective for cases filed on or after September 7.

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Collections Law

APRIL 1, 2020

As we have helped and represented numerous foreign judgment creditors over more than three decades, we have a sound understanding of the procedural rules and Massachusetts law pertaining to foreign judgment enforcement. Asset seizure and mortgage foreclosures : Once the execution is issued, the Law Offices of Alan M.

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Troutman Sanders

MARCH 22, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. On March 17, Virginia Attorney General Mark Herring announced a new law preventing garnishment or seizure of economic support payments.

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Troutman Sanders

JUNE 15, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. You may access this interactive tool at [link].

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Collection Industry News

SEPTEMBER 23, 2020

That means that the court entered an order in favor of the creditor or debt collector because the consumer did not show up or did not file necessary paperwork. In Alabama, if a judgment is entered against you, the creditor who got the judgment can do several things as far as trying to collect on the judgment. • Filing bankruptcy.

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Troutman Sanders

NOVEMBER 7, 2023

The company expects to have sufficient funds to fully repay unsecured creditors. The bill would ban all medical debt from appearing on credit reports and prohibit creditors from considering medical debt in their decisions on whether to extend them credit. Bittrex had previously paid more than $29 million in fines for alleged U.S.

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Debt RR

DECEMBER 13, 2019

Creditors usually send several notices prior to filing a complaint with the court. In fact, the creditor will need to show the court its attempts at collecting the debt and its notice of intent to sue in order to prove its case. There are two other conditions that must be met for a creditor to serve papers on a debtor.

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Troutman Sanders

JULY 7, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. The law does not impact most third-party collection agencies, but it does impact some creditors and debt buyers.

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Sawin & Shea

OCTOBER 20, 2021

It’s important to note, however, that using multiple bankruptcies to evade creditors without the intent to follow through to discharge (serial filing) is highly frowned upon and can result in the court lifting the protections that bankruptcy affords. It is a stopgap measure as ultimately there is not a discharge at the end of a plan.

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Sawin & Shea

OCTOBER 20, 2021

It’s important to note, however, that using multiple bankruptcies to evade creditors without the intent to follow through to discharge (serial filing) is highly frowned upon and can result in the court lifting the protections that bankruptcy affords. It is a stopgap measure as ultimately there is not a discharge at the end of a plan.

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Debt Free Colorado

DECEMBER 7, 2016

Lawsuits, garnishments, foreclosures, and other collections stop at this time. 341 Meeting of Creditors – About a month after your case is filed. Sign and File – Generally about 2 – 4 weeks after paperwork is turned in and fees paid. The first payment will be due within 15 days of case filing.

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Better Credit Blog

APRIL 11, 2022

Your creditors will report on your credit accounts regularly. Each time there’s activity on your account — such as a payment, a payoff, or a late payment — the creditor should update the credit bureaus. Account information for each credit item will include the following: Name and address of the creditor. Foreclosure.

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