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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.

Debtor 52
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Bankruptcy Court Won’t Dabble in Case Concerning a Marijuana Business

PBWT

“[E]nsnared between his involvement in a business that is legal under the laws of Arizona but illegal under federal law,” one debtor’s chapter 13 petition was recently dismissed due to his undisputed violations of the Controlled Substances Act. ” Facing significant debt, Mayer filed a chapter 13 petition in the U.S.

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Keeper attachments: How do they help you collect your money?

Collections Law

Prejudgment attachments allow us to identify the debtor’s assets before the court issues a judgment, which we can then seize to satisfy the judgment. How the keeper attachment works In Massachusetts, the court may decide to appoint a “keeper” to collect cash from the debtor on your behalf.

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3 ways you can collect on a bad corporate check

Collections Law

Retail businesses have long dealt with bad checks from customers, which may not be worth pursuing if they are for a small amount. An ex parte bank attachment Once we sue the debtor for the amount due, we have many methods of collection at our disposal. Usually, you can trust a corporate check written to your business.

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Differences Between Commercial and Consumer Debt Collection

Direct Recovery

Should things fail to work out from there, a court judgment is usually the next step. Commercial Debt Collection Basics Commercial debt collection is the category that describes business-to-business transactions where the debtor is a business that purchased a product or service from the creditor business on some form of credit.

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Maximize the chances for debt recovery with a keeper attachment

Collections Law

In Massachusetts, a keeper attachment is a prejudgment attachment in which the court appoints a “keeper” to oversee a debtor’s cash receivables. This prejudgment attachment is especially useful when a debtor is operating a cash-heavy business like a restaurant or retail store. What does the keeper do?

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Court Finds Letter Warning Consumer of Tax Consequences for Debt Forgiveness Does Not Violate the FDCPA

Troutman Sanders

as a result of an unpaid balance on a retail credit card account. Because they reflected an outcome that could come to pass, they could not be viewed as “false and misleading” even to the least sophisticated debtor. The District of New Jersey rejected these claims, finding that the letters were not false or misleading.