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Attempting Debt Collection Efforts After a Debtor Files for Bankruptcy

FFGN COLLECT NY

Are you or your collection attorney attempting debt collection efforts even though the debtor filed for bankruptcy? If so your collection attorney is exposing you, the law firm, and themselves to personal liability for a money judgment that could far exceed your claim. The debtor did not pay.

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9th Cir. Reverses Trial Court Ruling in Favor of Defendant on FDCPA Claim Related to Bankruptcy

Collection Industry News

Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed. 1692d, 1692e, 1692f.

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SBA Loans: How to Maximize Recovery by Liquidating Real Property

Jimerson Firm

if the collateral is likely to be acquired by SBA or the lender at the foreclosure sale, the expenses associated with the care, preservation and resale of the acquired collateral. In Florida, the lender can choose from the following methods: Deed in Lieu of Foreclosure. Lien Foreclosure. See SOP 50 57. Short Sale.

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Sixth Circuit Doubles Down Despite Impending U.S. Supreme Court Decision

Consumer Financial Services Law

McCarthy & Holthus LLP regarding whether non-judicial foreclosures qualify as debt collection under the FDCPA, the Sixth Circuit doubled down on its position that non-judicial foreclosures are debt collection. Trott Law, P.C. Building on its 2013 decision in Glazer v. Chase Home Finance LLC., 3d 453 (6th Cir. In Scott v.

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Overview of Florida’s New Uniform Commercial Real Estate Receivership Act

Jimerson Firm

The Act codifies existing common law in Florida regarding the right to have a receiver appointed by the court in commercial foreclosure actions, and provides much needed clarity, predictability, and uniformity on the standard for the appointment of a receiver and the powers of receivers. What is the Purpose of the Act?

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10 Common Questions About Bankruptcy

Debt Free Colorado

Every case is unique, and every case merits the careful consideration of a law firm dedicated to providing specialized bankruptcy solutions. A court judgment that states that a person is not required to pay back some debts is given to those who abide by the bankruptcy laws and are granted a discharge.

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Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges – Part 3: Commercial Mortgage Default Options Including Acceleration and Enforcement of Personal Guaranties

Jimerson Firm

Part 2 of this series analyzed pre-foreclosure loss mitigation options for lenders dealing with hotel/restaurant mortgage defaults. and a foreclosure sale netted the lender $3,675,000 leaving a deficiency of $918,398.49. The loan documents also typically include one or more personal guaranties. See, e.g. , Guirlinger v. Bryan, 384 So.

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