Can a Debtor Get Their Money Back?


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.

How we made sales ‘great again’ at Debtor Daddy

Lucy Pink

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

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Enterprise Debtor Payment Portal


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.

Alan M. Cohen: A Name All Debtors Should Respect

Collections Law

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. was using weren’t getting his debtor to respond, there’s no reason to believe that a collections agency would have convinced him to pay up. Cohen is the last name that debtors ever want to hear. Not present in the State of Massachusetts but your debtor is?

Debt Recovery – Utilizing Debtor Exams to Collect on a Judgment

Stevens Lloyd

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.

District Court Holds Letter Notifying Debtor of Change in Debt Ownership Can Fall Under FDCPA

Troutman Sanders

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.

Disappearing Debtors: Improving Your Chances of Successful Debt Collection

Stevens Lloyd

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.

Pension Trust is not a Debtor under the Bankruptcy Code.


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].

3 Times You CAN'T Contact a Debtor

National Service Bureau

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.

Secured Creditors Beware: Ninth Circuit Holds a Chapter 13 Debtor may Avoid Liens Even if not Entitled to a Discharge

The Creditors Rights

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.

Determining a Debtor’s Center of Main Interest in a Highly Integrated Enterprise


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.

Collusive Bidding on a Debtor’s Assets: A Question of Fairness


Under section 363 of title 11 of the United States Code (the “Bankruptcy Code”), a trustee or debtor-in-possession may sell the debtor’s assets. the United States Bankruptcy Court for the Southern District of New York held that claims of collusive bidding on a debtor’s assets require a showing of unfairness to the unsuccessful bidder. By: Ross Weiner. John’s University School of Law. American Bankruptcy Institute Law Review , Staff Member.

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


In a debtor/creditor relationship, a debtor may explicitly, or implicitly, waive their rights. In In re Parkland Properties , the Bankruptcy Court for the Northern District of Illinois held that a debtor may implicitly waive its right to enforce a reorganization plan confirmed under Chapter 11 of Title 11 of the United States Code (the “Bankruptcy Code”). [1] 2] The judgments were then recorded as judgment liens on property owned by the Debtor (the “Artesian Property”).” [3]

Debtor’s Actions Immediately After Default Doom Time Barred ECOA Claim

Consumer Financial Services Law

By Zachary Dunn October 25, 2017 An unpublished opinion from the Sixth Circuit provides a useful application of the statute of limitations to bar a debtor’s claims under the Equal Credit Opportunity Act, 15 U.S.C. As this case makes evident, a debtor’s actions immediately after an adverse lending decision can have decisive implications for his or her claims.

Recent Amendments Place Creditors in a Stronger Position to Defend Against Chapter 11 Bankruptcy Preference Lawsuits


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.

Understanding Your Credit Card Limit: 3 Things to Know

The Kaplan Group

Debtor AdviceaDIudGItaGVhZGluZ1tkYXRhLXRvb2xzZXQtYmxvY2tzLWhlYWRpbmc9IjM2OGNkZGQ4YzFkOThkNzlmMTFlNWUyNzc0NTgwOGE4Il0gIHsgdGV4dC1hbGlnbjogbGVmdDsgfSA=. “We’re lowering your credit card limit,” is the last thing a business owner wants to hear.

You’re in Debt: 9 Terms to Know

The Kaplan Group

You can learn more about FDCPA in our advice to consumer debtors. Debtor AdviceBeing in debt is nothing to be ashamed of. The current economy has hit a lot of businesses hard.

Liability Insurance Proceeds and Coverage Considerations When Insureds File for Bankruptcy

Burr Forman

Upon a bankruptcy petition’s filing, all of the debtor’s property, including its contractual rights, becomes the property of its bankruptcy estate. [i] i] At the same time, a broad automatic stay of collection activity or other proceedings against the debtor is implemented. [ii]

Chapter 7 Debtors Permitted to Amend Schedules to Claim Homestead Exemption after Successful Avoidance Action by Trustee

Foster Swift

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

Business Debt, Now What?

The Kaplan Group

We can also garnish payments from the debtors’ customers and garnish their credit card and Paypal accounts. Debtor AdviceBusiness debt is the hot trend no one wants to be a part of.

You Can Come In, But You Can’t Stay – Judge Grossman Dismisses Debtor’s Case for Re-designating Under the SBRA After Deadlines Have Passed. Seven Stars on the Hudson Corp., Case No. 19-17544-SMG, Bankr. S.D. Fla. Aug. 7, 2020

Burr Forman

Grossman dismissed the Seven Stars bankruptcy case [1] based on the debtor’s election to proceed under Subchapter V of Chapter 11 [2] after the expiration of the statutory deadlines for filing a plan and holding a status conference. The Court expressly disagreed with three decisions by bankruptcy judges in other states that have permitted debtors to re-designate their cases under Subchapter V and liberally granted extensions of these statutory deadlines. [3].

The “Least Sophisticated Debtor” Is Getting More Sophisticated, And Has An Improved Memory Too

FDCPA Defense

Courts apply the very pro-consumer “least sophisticated debtor” standard when evaluating a collector’s communications, and most violations of the Act are “strict liability” – meaning the debtor can win the case without proving the collector intended to violate the statute. Recently, however, the “least sophisticated debtor” seems to have gotten more sophisticated, and his memory about his account and his past communications with the collector has improved.

Deeming the Tracking of a Debtor’s Every Move “Impractical,” District Court Finds a Bona Fide Error and Dismisses FDCPA Action Against Law Firm

Consumer Financial Services Law

In fact,” the court surmised, “given the current economic climate in which businesses often demand greater fluidity from their employees in terms of travel and temporary relocation, it would be impractical to require debt collectors to track each debtor’s locations in order and to know where debtors, like Guynn, may be temporarily living at any given time.”

Good Debt & Bad Debt: 5 Things to Know

The Kaplan Group

Business Advice Debtor AdviceNo one wants to be in debt. However, there are times when owing money in order to reach a higher goal is a good thing. It can be argued that our economic system requires some level of borrowing and owing.

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Passion for Sports Underpins Successful Accounting Firm

Lucy Pink

We had a great conversation with Nataleigh Gleeson, their accounts manager, to talk about common accounting firm challenges, and to learn how Debtor Daddy has helped them to overcome some of these challenges. Life before Debtor Daddy: Struggling to call up debtors As an accounting firm, SAA juggled tools such as emails and spreadsheets to keep track of their clients’ debtors. It ended up being a pain when coordinating who was calling who and managing debtors overall.

Supreme Court Expands Creditors’ by Allowing Denial of a Discharge Under Sec. 523(a)(2)(A) if Debtor Transfers Assets in Violation of State Fraudulent Transfer Statute

The Creditors Rights

Section 523(a)(2)(A) of the Bankruptcy Code allows a creditor to obtain a judgment denying its debtor a discharge of debts incurred by false pretenses or actual fraud. However, if the debt itself was not incurred by actual fraud, but the debtor subsequently transfers his assets with the intent prevent its creditors from obtaining payment, may the creditor still obtain a judgment denying the debtor’s discharge under § 523(a)(2)(A)?

Paying Invoices on Time Vital to COVID-19 Recovery

Debtor Daddy

The post Paying Invoices on Time Vital to COVID-19 Recovery appeared first on Debtor Daddy. Business Cashflow General SME Business Uncategorized cash flow chasing invoices covid-19 debtor daddy late paymentsUrgency for prompt payments to small and medium enterprises (SMEs) highlighted by new data from Xero. Xero has released analysis of COVID-19’s initial impact on New Zealand’s SME sector.

U.S. Supreme Court Holds that Debtor’s False Oral Statement Concerning Single Asset Does not Provide Basis for Non-dischargeability Action

Foster Swift

The Court held that a statement about a single asset can be a “statement respecting the debtor’s financial condition” under section 523(a)(2) of the Bankruptcy Code. On June 4, 2018, the U.S. Supreme Court decided the case of Lamar, Archer & Cofrin, LLP v. Appling , No. 16-1215, which dealt with the dischargeability of debt in bankruptcy proceedings.

Bankruptcy Court Grants Relief from Stay to Credit Union to Exercise State Law Rights Related to Setoff Against Funds in which the Debtor's Children Hold an Interest

Foster Swift

The United States Bankruptcy Court for the Western District of Michigan recently issued an opinion in a case that involved mutual claims between the debtor and a creditor, and lifted the automatic stay to allow a creditor to exercise “setoff” rights provided by state law to recover its debt.

The Debtor, not the Trustee, is Entitled to Funds Being Held by a Trustee Following Dismissal of a Chapter 13 Bankruptcy Case

Foster Swift

Once a Chapter 13 case has been filed, it is also up to the debtors to dismiss the case if they so choose. Filing for Chapter 13 bankruptcy as a consumer is a voluntary decision. Read More › Tags: Chapter 13 , Did you Know

Our Call service just keeps on getting better

Lucy Pink

Automated calls from our friendly accounts receivable specialists have been a game-changer for many Debtor Daddy users. Thanks for all your help so far Debtor Daddy team.” Debtor Daddy […]. The post Our Call service just keeps on getting better 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

Are you an Office Manager? How to get AR solved and keep it solved

Debtor Daddy

How to get AR solved and keep it solved appeared first on Debtor Daddy. Business Company Tips and Tricks cashflow chasing invoices customer relationships debt management debtor daddy invoice reminders Office manager Stacking the odds in your favour

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An Office Manager? How to get AR solved and keep it solved.

Debtor Daddy

appeared first on Debtor Daddy. Business Company Tips and Tricks cashflow chasing invoices customer relationships debt management debtor daddy invoice reminders Office manager Stacking the odds in your favour

Banks 52

Dos & Don’ts of a Payment Plan

The Kaplan Group

Here are some tips for both debtors and creditors considering a payment plan as a way to resolve an issue. As expert negotiators, we can create payment plans for your debtors that ensure you receive the money you are owed in a timely fashion. Debt Collection Debtor AdviceNormally on this blog we give advice to our clients and creditors who are owed money. The pandemic and resulting economic impact are causing many companies to struggle financially for the first time.

Debt Collection & Business Credit

The Kaplan Group

Business Advice Customer Evaluation Debtor AdviceFor a business owner, your business credit rating is an important asset. Just like people, businesses sometimes have trouble paying their bills. This is especially true in the current economic environment. Commercial collection agencies like ours specialize in collecting on B2B debt. If your business is getting calls from a collection agency, you may wonder how this will affect your business credit. Why Worry About Your Credit Rating?

4 New Year’s “AResolutions” for a Growing Business

Lucy Pink

The post 4 New Year’s “AResolutions” for a Growing Business appeared first on Debtor Daddy. Accountants & Bookkeepers Business General SME Business Tips and Tricks cashflow debtor daddy invoice reminders late payments Stacking the odds in your favourMake 2020 the year of avoiding the pains (and costs) of mishandled accounts receivable (AR).

5 Ways to Reduce Your Debt and Avoid Collections

The Kaplan Group

Business Advice Debtor AdviceIf collection agents like me are calling you, you need to reduce your debt. The Covid-19 pandemic has been hard on a lot of businesses and business owners. People who have never been late with a payment in their life are suddenly facing a pile of bills. To avoid your account being sent to collections, you need to find ways to reduce your debt. Prioritize your bills. There is no one right way to prioritize which bills to pay first.