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.

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ABI

JANUARY 12, 2022

1] In 2012, the Archdiocese of Santa Fe (“Debtor”) along with its 90 parishes began restructuring its assets after creating the Archdiocese of Santa Fe Real Estate Corporation (“RE Corp.”). [2] 2] Debtor then created a real estate trust and a financial assets trust, both effective January 1, 2013, and made RE Corp. 22] Id. .

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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] By: Loredana Miranda. 1] See 15 U.S.C.

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ABI

JANUARY 20, 2020

In a debtor/creditor relationship, a debtor may explicitly, or implicitly, waive their rights. 2] The judgments were then recorded as judgment liens on property owned by the Debtor (the “Artesian Property”).” [3] 2] The judgments were then recorded as judgment liens on property owned by the Debtor (the “Artesian Property”).”

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Consumer Financial Services Law

FEBRUARY 18, 2019

Building on its 2013 decision in Glazer v. 11, 2019), the consumer alleged that Trott Law violated the FDCPA by failing to cease debt collection activities after receiving his dispute and request for validation. Chase Home Finance LLC., 3d 453 (6th Cir. Chase Home Finance LLC., 3d 453 (6th Cir. In Scott v. Trott Law, P.C.

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ABI

JANUARY 12, 2020

Kaleta , where the court enjoined investors defrauded by a debtor from attacking insurance proceeds, the Receiver contended that the district court had authority to approve the settlement and issue orders barring claims against the Underwriters and the receivership estate. [8] 11] See id. 1] See SEC v. Kaleta, No. 3d at 842. [10]

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Jimerson Firm

DECEMBER 27, 2023

When a debtor files for bankruptcy, a creditor may be able to seek dismissal of the bankruptcy if the petition was filed in bad faith. This article will provide an overview of the options available to a creditor if a debtor with primarily business debts files for Chapter 7 bankruptcy. What is a Bad Faith Filing in Bankruptcy?

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The Creditors Rights

JULY 5, 2016

In Opportunity Finance , the debtors were Petters Company, Inc. (“PCI”) The receiver caused them to file chapter 11 petitions, and soon after the petitions were filed, sought an order from the bankruptcy court substantively consolidating the bankruptcy estates. 3d 1321 (11 th Cir. Opportunity Finance, LLC et al v.

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FDCPA Defense

FEBRUARY 1, 2018

One line of cases creates a duty to disclose to the debtor that the amount of the debt may be increasing due to accruing interest, fees or other charges. To avoid confusion to the debtor, the Avila Court held that use of the “safe harbor” language from the Miller case would be sufficient. Riexinger & Associates, LLC , 817 F.3d

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FDCPA Defense

JULY 20, 2013

On July 11, 2013, California passed the FairDebt Buying Practices Act , California Civil Code section 1788.50 5) The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior to the sale of the debt. Code § 1788.52. at § 1788.52(b). a) and (b) of the Act. a) and (b) of the Act.

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Collection Industry News

JUNE 14, 2021

The state attorney general in 2013 entered into an agreement with Bella requiring him to pay $165,000 in restitution and penalties for illegal debt collection practices. But like many debtors, debt collection kingpins have been elusive when it comes to paying what they owe. Others were paid off years ago.

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FDCPA Defense

AUGUST 22, 2016

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. Please call sir, it is important, my number is 866-513-5033.

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