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$225,000 Punitive Damages Award Upheld Where Creditor Repeatedly Contacted Customer After Being Notified of Attorney Representation

Troutman Sanders

Ultimately, the plaintiff filed for chapter 7 bankruptcy protection, listed the defendant as an unsecured creditor, and obtained a discharge of her debt. The defendant offered a “pause” program that allowed the plaintiff to suspend service for up to nine months at a cost of $5 per month, which the plaintiff accepted.

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Florida Bankruptcy Court Sanctions Debt Buyer for Seeking to Collect Debt that Consumer Failed to Schedule in Bankruptcy Case

Troutman Sanders

She listed 45 unsecured creditors in her schedules of assets and liabilities, including the $7,400 credit card debt at issue. However, testimony later showed that the entity listed as holding the debt, Direct Merchants Bank, was not the actual creditor but rather a registered trademark owned by Metris Companies.

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As Chapter 11 Bankruptcy Filings Surge, Here’s What Creditors Need to Know to Protect and Enforce Their Rights

Fraser

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. First Day” Motions. Proof-of-Claim Bar Date.

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What Assets Do You Lose in Chapter 7?

Sawin & Shea

For experienced bankruptcy lawyers in Indiana, contact Sawin & Shea, LLC. Chapter 7 is also known as liquidation bankruptcy because it involves liquidating (selling off) non-exempt assets belonging to the debtor to repay creditors and lenders. They cannot take legal action against you or seize your assets.

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Chapter 13 Bankruptcy and Student Loans

Sawin & Shea

Though every situation is different, contacting an attorney that specializes in bankruptcy can be the first step in achieving financial freedom. This stay prohibits creditors, including your student loan lenders, from contacting you to collect any debts. Will My Student Loans Be Discharged if I File for Chapter 13 Bankruptcy?

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What Happens to Investment Real Estate in Bankruptcy?

Sawin & Shea

The process involves liquidating non-exempt assets property to pay creditors. You can surrender the property to creditors and discharge the debt associated with the investment property. Essentially, you can give the property back and walk away not owing anything additional to the creditor. Investment Property Arrearages.

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What If My Income Increases During Chapter 13?

Sawin & Shea

For experienced Chapter 13 bankruptcy attorneys in Indiana , contact the offices of Sawin & Shea, LLC. Additionally, if your Chapter 13 plan pays back all of your unsecured creditors, the court will likely not require you to make increased payments. Contact an Indiana Chapter 13 Bankruptcy Attorney.