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In both cases, the “agreements or transactions” must be “with the debtor or any other entity.” The court denied the motion for summary judgment, but rejected the Trustee’s argument that the definition of “financial participant” excludes debtors. MORE
Cohen LLC, you will find that the process of domesticating and enforcing foreign judgments against your debtors is a much more straightforward process than one would typically expect. MORE
Most agencies are aware that consumers are protected by the FDCPA from abusive acts and practices , but there are other intricacies of the law to be aware of.such as when a debt collector may contact a debtor. At work : Debt collectors may not contact a debtor at his/her job. The Fair Debt Collection Practices Act was passed in 1977 to outline the ways in which consumers can be contacted by collection agencies. MORE
” That is, the “Validation Notice instructs the debtor to write to exercise their § 1692g rights, leaving no confusion that a phone call would suffice.” In Moyer v. Patenaude & Felix, A.P.C. , MORE
But imagine dealing with a debtor who suddenly disappears by changing their address and contact information without notifying you. When placing business with a corporate debt recovery firm, to ensure the highest possible rate of success at locating debtor companies, be sure to provide as much information as possible. If the debtor company does not respond or effect payment in full after a few letters, making phone calls and demands for payment need to take place. MORE
Under section 109 of title 11 of the United States Code (the “Bankruptcy Code”), a person is generally eligible to be a debtor. [1] 4] There, the court determined that a pension trust was not a business trust and thus not eligible to be a debtor under the Bankruptcy Code. [5] Certain Plan participants moved to dismiss the bankruptcy case asserting that the Trust was not a business trust and therefore it was not eligible to be a debtor under section 109 of the Bankruptcy Code. [11]. MORE
Supreme Court to provide a uniform, nationwide standard for what debtors must prove to eliminate student loan debt in bankruptcy. This widely varying application of the Bankruptcy Code undermines its uniformity and undercuts the Code’s promise of relief to the honest, but unfortunate debtor,” the National Consumer Bankruptcy Rights Center and the National Association of Consumer Bankruptcy Attorneys said in a joint brief asking the Supreme Court to take up the case. Source: site. MORE
Under Chapter 15 of title 11 of the United States Code (the “Bankruptcy Code”), a court may grant recognition to a debtor’s foreign proceeding as a foreign main or nonmain proceeding depending on the location of a debtor’s center of main interest (“COMI”) or establishment. [1] 1] In a case involving affiliates, the United States Bankruptcy Court for the Southern District of New York determined the COMI of each debtor and not of the group as a whole. By: Loredana Miranda. MORE
District Court for the Middle District of Florida denied a debt collector’s motion for summary judgment, holding that a letter which provides notice of a change in debt ownership and requests payments be remitted to the new owner qualifies as a communication related to a debt under the Fair Debt Collection Practices Act (“FDCPA”), which restricts how debt collectors can collect from debtors. On October 5, 2020, the U.S. MORE
Debtors who ignore instructions from the Bankruptcy Court do so at their own peril, as a recent case from the First Circuit Court of Appeals illustrates. ” [1] Otherwise, debtors risk dismissal of their petition and denial of a discharge. MORE
However, if the debtor owes a significant amount, you may want to consider pursuing the debt in bankruptcy court. Here’s what you need to know now about the legal process and your options once your commercial debtor files for bankruptcy. Although you cannot contact the debtor directly, you can communicate with the court-appointed trustee or attorney managing the case. You’ll also be able to find the debtor’s income and expenses in Schedules I and J of the bankruptcy petition. MORE
It is all too common to see a deadbeat debtor make every effort possible to hide assets and other information in an effort to avoid paying you, either partially or in full. Finding Your Debtor’s Assets. Another process we use to learn about your debtor’s assets is supplementary process. MORE
You have initiated a lawsuit and won a Default Judgment against the debtor. Judgments are worthless unless you can locate and garnish the debtor’s assets, however. When a creditor obtains a judgment against an individual or company, one of the most effective techniques (providing they don’t know what assets the debtor has) is to utilize a Debtor Exam to recover monies which were awarded on the ruling document. If the debtor doesn’t cooperate, the Debtor Exam. MORE
The post Debtor profile no. Everyone has dealt with an Arrogant Angus I am sure. Full of themselves, not short on confidence and always on the phone, they can be a nightmare to get money out of. Characteristics: – Massive ego. – Refers to themselves as a “disruptive entrepreneur” on their Linkedin profile. – Screens calls. – When they do answer the phone, it is with their full name only. MORE
After finally collecting the monies owed to you through debt collection litigation, the debtor wants their money back. Can a debtor really get their money back? How a Debtor Can Get Their Money Back. In this scenario, the judgment debtor defended the case from the beginning. MORE
It’s the first time we have tailored our debtor management solution to focus on a particular business market. A growing list of bookkeeping customers prompted Debtor Daddy CEO and co-founder Matt McFedries to develop ‘Debtor Daddy for Bookkeepers’. MORE
The purpose of bankruptcy is to provide for an orderly process by which a debtor’s assets can be fairly divided and distributed among creditors. Read More › Tags: Chapter 7 , Financing , Personal Property Tax , Property Tax , Western District of Michigan MORE
It was time to make our sales processes great again at Debtor Daddy. The post How we made sales ‘great again’ at Debtor Daddy appeared first on Debtor Daddy. Business General SME Business Tips and Tricks cashflow debtor daddy invoice reminders late payments Stacking the odds in your favour MORE
2] The Fifth Circuit also instructed Judge Isgur to determine whether the creditors were entitled to post-petition interest at the contractual default rates under the “solvent-debtor” exception. [3] MORE
Most businesses are not managing their debtors effectively and efficiently. The good news is that we’ve learned how to make debtor management easy, time-efficient and highly effective for any business. Do you have enough time to manage debtors? appeared first on Debtor Daddy MORE
The post 44% of student debtors haven’t made any payments since March 2020 appeared first on Collection Industry News. A Week In Auckland, New Zealand On A $54,000 Salary. Welcome to Money Diaries where we are tackling the ever-present taboo that is money. We’re asking real people how they spend their hard-earned money during a seven-day period — and we’re tracking every last dollar.Today: an engineer who makes $54,000 per year and spends some of her money on 0% beer. MORE
Partnering with FundTap will allow Debtor Daddy customers access to fast, simple and transparent business funding that will keep them moving forward. Partnering with FundTap was a no-brainer,” says Matt McFedries, Debtor Daddy CEO. MORE
You’ve won your case in court, and your debtor needs to make the necessary payments to resolve the outstanding debt. Cohen LLC will frequently seek to attach your debtor’s bank accounts — either with notice or ex parte — in our efforts to secure payments from your debtor. MORE
It’s rare for a debtor in bankruptcy to raise allegations of involuntary servitude and a violation of the Thirteenth Amendment. But one debtor did just that after a chapter 11 trustee was appointed to take over the debtor’s bankruptcy estate. MORE
Using the tracking codes in Xero, we can then filter accounts in Debtor Daddy by: Location. Compare and contrast the results of your debtor management process in different locations. If you’re new to Debtor Daddy, start a free trial or book a demo. MORE
District Court for the Middle District of Florida denied a debt collector’s motion for summary judgment, holding that a letter which provides notice of a change in debt ownership and requests payments be remitted to the new owner qualifies as a communication related to a debt under the Fair Debt Collection Practices Act (“FDCPA”), which restricts how debt collectors can collect from debtors. On October 5, 2020, the U.S. MORE
What’s worse—and which often comes as a big surprise—is when a business gets sued by the debtor or bankruptcy trustee seeking to recover payments made by the debtor before the bankruptcy. Prior to the amendments, debtors had to meet a low bar to file a preference lawsuit. MORE
Especially in debtor management, there is a lot to gain by having a complete overview of your debtors and financial processes. Don’t miss our webinar to see how CreditManager can take your finance department and debtor management to the next level. MORE
Simplicity Debt Collection Software is pleased to announce the roll out of its new Enterprise Debtor Payment Portal. This fully functional portal allows you to empower your debtors to make payments, settle accounts, set up payment plans, confirm their information and so much more. debtors are more inclined to make payments and settle accounts if they feel like they have control over their payment options and can easily make payments without having to talk to a collector. MORE
Under title 11 of the United States Code (the “Bankruptcy Code”), a trustee appointed to a debtor’s estate may avoid transfers made within two years before the date of the filing if the debtor received less than reasonably equivalent value in exchange. [i] LLC , the United States Bankruptcy Court for the Southern District of Florida held that the Trustee could not avoid tuition payments made by a debtor for the benefit of its employees. [ii] By: Alexandria Stiteler. MORE
ii] In In re Penobscot Valley Hospital , a bankruptcy court in Maine found that two hospitals could legally be denied federal assistance under the PPP because they were debtors in cases under chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”). xii] Pursuant to certain regulations, the Administrator excluded debtors in bankruptcy cases from the program. a person that is or has been a debtor. By: Meghan Paola. John’s University School of Law. MORE
Collecting on your bad debt isn’t always an easy process and can be dragged out if you are not taking the most aggressive and relentless methods when dealing with your debtor. Cohen is the last name that debtors ever want to hear. MORE
It is well known in the restructuring world that a debtor in bankruptcy can’t get a PPP loan. But what if you’re a debtor and decide a PPP loan could save your business? The issue arose recently where a chapter 11 debtor already had DIP financing in place. MORE
There is nothing easy when it comes to debt collection, but one of the most difficult things for any collector to do is get debtors on the phone, especially if those collectors are following all of the rules and regulations that apply to collection calls. MORE
This section prohibits the granting of a chapter 13 discharge if the debtor received a chapter 7 discharge within four years prior to the commencement of his chapter 13 case. 2015) held a chapter 20 debtor may in his chapter 13 case avoid a lien under § 506(d) even if § 1328(f) precludes him from receiving a discharge. The creditor in Blendheim was HSBC Bank, which held a deed of trust lien on the debtors’ home. The debtors filed a chapter 7 case and received a discharge. MORE
2] The SBRA is silent as to its availability to small business debtors that had filed for bankruptcy relief prior to the effective date of the statute, February 19, 2020. [3] 3] In In re Ventura , the Bankruptcy Court for the Eastern District of New York held that an individual debtor who had been in Chapter 11 for over a year could amend her petition and proceed as a “small business debtor” under subchapter V. [4] By: Eric Silverstein. John’s University School of Law. MORE
Debtor Related Topics Collect More
NOVEMBER 4, 2020
The post Debtor profile no. Everyone has dealt with an Arrogant Angus I am sure. Full of themselves, not short on confidence and always on the phone, they can be a nightmare to get money out of. Characteristics: – Massive ego. – Refers to themselves as a “disruptive entrepreneur” on their Linkedin profile. – Screens calls. – When they do answer the phone, it is with their full name only.
Debtor Daddy
JUNE 20, 2021
It’s the first time we have tailored our debtor management solution to focus on a particular business market. A growing list of bookkeeping customers prompted Debtor Daddy CEO and co-founder Matt McFedries to develop ‘Debtor Daddy for Bookkeepers’.
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Debtor Daddy
JULY 4, 2021
Most businesses are not managing their debtors effectively and efficiently. The good news is that we’ve learned how to make debtor management easy, time-efficient and highly effective for any business. Do you have enough time to manage debtors? appeared first on Debtor Daddy
On Guard
MAY 17, 2021
Especially in debtor management, there is a lot to gain by having a complete overview of your debtors and financial processes. Don’t miss our webinar to see how CreditManager can take your finance department and debtor management to the next level.
FFGN COLLECT NY
OCTOBER 16, 2020
After finally collecting the monies owed to you through debt collection litigation, the debtor wants their money back. Can a debtor really get their money back? How a Debtor Can Get Their Money Back. In this scenario, the judgment debtor defended the case from the beginning.
Collections Law
MAY 7, 2021
It is all too common to see a deadbeat debtor make every effort possible to hide assets and other information in an effort to avoid paying you, either partially or in full. Finding Your Debtor’s Assets. Another process we use to learn about your debtor’s assets is supplementary process.
Debtor Daddy
JUNE 27, 2021
Using the tracking codes in Xero, we can then filter accounts in Debtor Daddy by: Location. Compare and contrast the results of your debtor management process in different locations. If you’re new to Debtor Daddy, start a free trial or book a demo.
Collections Law
JULY 6, 2021
Cohen LLC, you will find that the process of domesticating and enforcing foreign judgments against your debtors is a much more straightforward process than one would typically expect.
Lucy Pink
SEPTEMBER 24, 2019
It was time to make our sales processes great again at Debtor Daddy. The post How we made sales ‘great again’ at Debtor Daddy appeared first on Debtor Daddy. Business General SME Business Tips and Tricks cashflow debtor daddy invoice reminders late payments Stacking the odds in your favour
PBWT
MARCH 7, 2021
It is well known in the restructuring world that a debtor in bankruptcy can’t get a PPP loan. But what if you’re a debtor and decide a PPP loan could save your business? The issue arose recently where a chapter 11 debtor already had DIP financing in place.
Collections Law
APRIL 9, 2021
You’ve won your case in court, and your debtor needs to make the necessary payments to resolve the outstanding debt. Cohen LLC will frequently seek to attach your debtor’s bank accounts — either with notice or ex parte — in our efforts to secure payments from your debtor.
SimplicityCollectionSoftware
FEBRUARY 6, 2017
Simplicity Debt Collection Software is pleased to announce the roll out of its new Enterprise Debtor Payment Portal. This fully functional portal allows you to empower your debtors to make payments, settle accounts, set up payment plans, confirm their information and so much more. debtors are more inclined to make payments and settle accounts if they feel like they have control over their payment options and can easily make payments without having to talk to a collector.
PBWT
JANUARY 14, 2021
In both cases, the “agreements or transactions” must be “with the debtor or any other entity.” The court denied the motion for summary judgment, but rejected the Trustee’s argument that the definition of “financial participant” excludes debtors.
Collections Law
JANUARY 15, 2020
Collecting on your bad debt isn’t always an easy process and can be dragged out if you are not taking the most aggressive and relentless methods when dealing with your debtor. Cohen is the last name that debtors ever want to hear.
Debtor Daddy
FEBRUARY 3, 2021
Partnering with FundTap will allow Debtor Daddy customers access to fast, simple and transparent business funding that will keep them moving forward. Partnering with FundTap was a no-brainer,” says Matt McFedries, Debtor Daddy CEO.
Troutman Sanders
APRIL 7, 2021
” That is, the “Validation Notice instructs the debtor to write to exercise their § 1692g rights, leaving no confusion that a phone call would suffice.” In Moyer v. Patenaude & Felix, A.P.C. ,
Debt RR
APRIL 22, 2021
However, if the debtor owes a significant amount, you may want to consider pursuing the debt in bankruptcy court. Here’s what you need to know now about the legal process and your options once your commercial debtor files for bankruptcy. Although you cannot contact the debtor directly, you can communicate with the court-appointed trustee or attorney managing the case. You’ll also be able to find the debtor’s income and expenses in Schedules I and J of the bankruptcy petition.
PBWT
MAY 4, 2021
Debtors who ignore instructions from the Bankruptcy Court do so at their own peril, as a recent case from the First Circuit Court of Appeals illustrates. ” [1] Otherwise, debtors risk dismissal of their petition and denial of a discharge.
ABI
JANUARY 13, 2021
2] The SBRA is silent as to its availability to small business debtors that had filed for bankruptcy relief prior to the effective date of the statute, February 19, 2020. [3] 3] In In re Ventura , the Bankruptcy Court for the Eastern District of New York held that an individual debtor who had been in Chapter 11 for over a year could amend her petition and proceed as a “small business debtor” under subchapter V. [4] By: Eric Silverstein. John’s University School of Law.
Collection Industry News
MAY 3, 2021
Supreme Court to provide a uniform, nationwide standard for what debtors must prove to eliminate student loan debt in bankruptcy. This widely varying application of the Bankruptcy Code undermines its uniformity and undercuts the Code’s promise of relief to the honest, but unfortunate debtor,” the National Consumer Bankruptcy Rights Center and the National Association of Consumer Bankruptcy Attorneys said in a joint brief asking the Supreme Court to take up the case. Source: site.
Stevens Lloyd
DECEMBER 13, 2018
You have initiated a lawsuit and won a Default Judgment against the debtor. Judgments are worthless unless you can locate and garnish the debtor’s assets, however. When a creditor obtains a judgment against an individual or company, one of the most effective techniques (providing they don’t know what assets the debtor has) is to utilize a Debtor Exam to recover monies which were awarded on the ruling document. If the debtor doesn’t cooperate, the Debtor Exam.
Direct Recovery
APRIL 24, 2020
There is nothing easy when it comes to debt collection, but one of the most difficult things for any collector to do is get debtors on the phone, especially if those collectors are following all of the rules and regulations that apply to collection calls.
ABI
JANUARY 13, 2021
ii] In In re Penobscot Valley Hospital , a bankruptcy court in Maine found that two hospitals could legally be denied federal assistance under the PPP because they were debtors in cases under chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”). xii] Pursuant to certain regulations, the Administrator excluded debtors in bankruptcy cases from the program. a person that is or has been a debtor. By: Meghan Paola. John’s University School of Law.
Stevens Lloyd
AUGUST 8, 2018
But imagine dealing with a debtor who suddenly disappears by changing their address and contact information without notifying you. When placing business with a corporate debt recovery firm, to ensure the highest possible rate of success at locating debtor companies, be sure to provide as much information as possible. If the debtor company does not respond or effect payment in full after a few letters, making phone calls and demands for payment need to take place.
ABI
JANUARY 13, 2021
Under title 11 of the United States Code (the “Bankruptcy Code”), a trustee appointed to a debtor’s estate may avoid transfers made within two years before the date of the filing if the debtor received less than reasonably equivalent value in exchange. [i] LLC , the United States Bankruptcy Court for the Southern District of Florida held that the Trustee could not avoid tuition payments made by a debtor for the benefit of its employees. [ii] By: Alexandria Stiteler.
PBWT
OCTOBER 28, 2020
2] The Fifth Circuit also instructed Judge Isgur to determine whether the creditors were entitled to post-petition interest at the contractual default rates under the “solvent-debtor” exception. [3]
The Creditors Rights
MARCH 15, 2016
This section prohibits the granting of a chapter 13 discharge if the debtor received a chapter 7 discharge within four years prior to the commencement of his chapter 13 case. 2015) held a chapter 20 debtor may in his chapter 13 case avoid a lien under § 506(d) even if § 1328(f) precludes him from receiving a discharge. The creditor in Blendheim was HSBC Bank, which held a deed of trust lien on the debtors’ home. The debtors filed a chapter 7 case and received a discharge.
ABI
JANUARY 22, 2020
Under section 109 of title 11 of the United States Code (the “Bankruptcy Code”), a person is generally eligible to be a debtor. [1] 4] There, the court determined that a pension trust was not a business trust and thus not eligible to be a debtor under the Bankruptcy Code. [5] Certain Plan participants moved to dismiss the bankruptcy case asserting that the Trust was not a business trust and therefore it was not eligible to be a debtor under section 109 of the Bankruptcy Code. [11].
National Service Bureau
JUNE 18, 2015
Most agencies are aware that consumers are protected by the FDCPA from abusive acts and practices , but there are other intricacies of the law to be aware of.such as when a debt collector may contact a debtor. At work : Debt collectors may not contact a debtor at his/her job. The Fair Debt Collection Practices Act was passed in 1977 to outline the ways in which consumers can be contacted by collection agencies.
Collection Industry News
MARCH 2, 2021
The post 44% of student debtors haven’t made any payments since March 2020 appeared first on Collection Industry News. A Week In Auckland, New Zealand On A $54,000 Salary. Welcome to Money Diaries where we are tackling the ever-present taboo that is money. We’re asking real people how they spend their hard-earned money during a seven-day period — and we’re tracking every last dollar.Today: an engineer who makes $54,000 per year and spends some of her money on 0% beer.
Collection Industry News
OCTOBER 27, 2020
District Court for the Middle District of Florida denied a debt collector’s motion for summary judgment, holding that a letter which provides notice of a change in debt ownership and requests payments be remitted to the new owner qualifies as a communication related to a debt under the Fair Debt Collection Practices Act (“FDCPA”), which restricts how debt collectors can collect from debtors. On October 5, 2020, the U.S.
ABI
JANUARY 22, 2020
Under Chapter 15 of title 11 of the United States Code (the “Bankruptcy Code”), a court may grant recognition to a debtor’s foreign proceeding as a foreign main or nonmain proceeding depending on the location of a debtor’s center of main interest (“COMI”) or establishment. [1] 1] In a case involving affiliates, the United States Bankruptcy Court for the Southern District of New York determined the COMI of each debtor and not of the group as a whole. By: Loredana Miranda.
Troutman Sanders
OCTOBER 15, 2020
District Court for the Middle District of Florida denied a debt collector’s motion for summary judgment, holding that a letter which provides notice of a change in debt ownership and requests payments be remitted to the new owner qualifies as a communication related to a debt under the Fair Debt Collection Practices Act (“FDCPA”), which restricts how debt collectors can collect from debtors. On October 5, 2020, the U.S.
Fraser
JULY 21, 2020
What’s worse—and which often comes as a big surprise—is when a business gets sued by the debtor or bankruptcy trustee seeking to recover payments made by the debtor before the bankruptcy. Prior to the amendments, debtors had to meet a low bar to file a preference lawsuit.
Foster Swift
SEPTEMBER 19, 2018
The purpose of bankruptcy is to provide for an orderly process by which a debtor’s assets can be fairly divided and distributed among creditors. Read More › Tags: Chapter 7 , Financing , Personal Property Tax , Property Tax , Western District of Michigan
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