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Can a Lender Pursue Debt Collection After a Charge Off and 1099-C Issuance?

Jimerson Firm

The first consideration that lenders (banks and credit unions alike) often face is when, and if, to conclude that the account owner does not intend to, or is not able to, clear the negative balance or loan deficiency. As a result, a loan that is charged off is written off and deemed a loss of principal and interest. See Caplinger v.

Lender 98
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Need to Know About Debt Negotiation and Settlement?

Sawin & Shea

Bankruptcy will wipe out credit card debt, medical bills, and personal loans, but will not eliminate primary obligation debt; things like student loans, child and spousal support, and newer tax debt. Bankruptcy can also stop or delay a home or mortgage foreclosure, stop collection actions, stop garnishments and lawsuits.

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A Debtor’s Silence May Waive its Right to Enforce its Rights?under a Confirmed Plan of Reorganization

ABI

In a debtor/creditor relationship, a debtor may explicitly, or implicitly, waive their rights. 4] The court approved Parkland’s modification to its Plan of Reorganization stating that if Bridgeview successfully bid on the Artesian Property in a foreclosure sale, Bridgeview would finance Parkland’s purchase of it from the creditor. [5]

Debtor 40
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Domesticating and Enforcing Your Foreign Judgments With a Massachusetts Collections Attorney

Collections Law

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. Though it is their legal right, they can manipulate them to delay the debt payment process.

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What is the Difference Between the FDCPA and the FCCPA?

Jimerson Firm

For example, “[a] mortgage servicing company is a debt collector under the FDCPA if it acquired the loan at issue while the loan was in default.” 9), which prohibits a person from attempting or threatening to enforce a debt it knows is not legitimate or asserting some other legal right it knows does not exist. Bank of Am.,