Nexa Collect

APRIL 27, 2021

Simple Answer: Once the bad debt entry hits the credit report, the fear in the debtor’s mind is gone. You just used the most effective tool in debt recovery before giving enough time to the debtor to settle your unpaid bills. The debtor thinks “ What worse can happen? The fear in the debtor’s mind is gone.

Collection Agencies 130

Collection Agencies Collections Agency Debtor Debt Recovery 130

ABI

JANUARY 12, 2022

Subject to court approval, a trustee or debtor in possession may assume or reject an executory contract or unexpired lease of a debtor under section 365 of title 11 of the United States Code (the “Bankruptcy Code”). [i] i] The trustee or debtor in possession must cure any defaults to assume a contract or lease. [ii]

Debtor 40

Debtor Bankruptcy Unsecured Creditor Secured Creditor 40

Sawin & Shea

MARCH 13, 2024

A reaffirmation agreement is a document that re-obligates a debtor to repay a particular debt, such as a car loan, mortgage, or other loan type. Entering a reaffirmation agreement is a way that debtors in a Chapter 7 bankruptcy keep collateral attached to secured debt like houses or cars. Can You Cancel a Reaffirmation Agreement?

Chapter 7 bankruptcy 52

Chapter 7 bankruptcy Chapter 13 bankruptcy Bankruptcy Collateral 52

Jimerson Firm

NOVEMBER 23, 2020

When a small business association (“SBA”) loan is converted to liquidation status, the lender must begin liquidating the collateral. Lenders must liquidate all personal property that has a Recoverable Value over $5,000. In Florida, the lender can choose from the following methods: UCC Sale. See SOP 50 57. Liquidation Methods.

Collateral 98

Collateral Loans Secured Creditor Lender 98

PBWT

AUGUST 16, 2022

In an adversary proceeding, the collective owners of the Makaha Valley Country Club , golf courses, surrounding undeveloped land, and other related assets (the “Owners”) avoided obligations undertaken in connection with a loan extension provided by Tianjin Dinghui Hongjun Equity Investment Partnership (the “Lenders”).

Debtor 65

Debtor Construction Collateral Lender 65

Sawin & Shea

JUNE 7, 2023

If you have a co-signer associated with your debt or if you are a co-signer, you need to be aware of how financial liability works and what happens when the primary debtor declares bankruptcy. If the lender is concerned about the borrower’s ability to repay the debt, they may require a co-signer. What’s a Guarantor?

Chapter 13 bankruptcy 52

Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy Personal loans 52

PBWT

OCTOBER 27, 2021

One way committees try to enhance recoveries is by seeking “derivative standing” to commence adversary proceedings challenging the validity of a secured lender’s pre-petition liens. The debtor operated 28 franchise restaurants primarily in the Sun Belt region. In re Platinum Corral, LLC , No. ’" Id.

Creditors 59

Creditors Debtor Collateral Unsecured Creditor 59

Qualco

MARCH 12, 2024

There is no need for human resources to be involved in simple payment plan extension agreements with a well-intended debtor when this can be done through a portal or an application. However, neither are all debtors well-intended, nor are all well-intended debtors convinced by the automated solutions offered.

Collections 97

Collections Debtor Banks Loans 97

Troutman Sanders

JANUARY 19, 2023

When deciding the amount of homestead exemption to which a debtor is entitled, should a bankruptcy court apply the state exemption in effect on the creation date of the lien or on the bankruptcy filing date? The debtor filed for bankruptcy protection in 2021. recorded against his home.

Bankruptcy 52

Bankruptcy Debtor Judgment Lender 52

Taurus Collect

NOVEMBER 15, 2023

What Is a Collection Agency and How Does It Work A Collection Agency is a company hired by lenders to recover overdue funds from borrowers. It operates in the following manner: Initiation: A lender will engage a Collection Agency after several failed attempts to collect the debt from the borrower.

Collection Agencies 52

Collection Agencies Collections Agency Collections Debtor 52

Sawin & Shea

APRIL 10, 2024

With Chapter 7 bankruptcy, you as the debtor can discharge most unsecured obligations after liquidating nonexempt assets. In this blog, we discuss what assets and property a debtor may lose in Chapter 7 bankruptcy. The automatic stay prohibits creditors and lenders from attempting to recover what you owe.

Chapter 7 bankruptcy 52

Chapter 7 bankruptcy Bankruptcy Debtor Unsecured Creditor 52

Jimerson Firm

NOVEMBER 13, 2020

When a small business association (“SBA”) loan is converted to liquidation status, the lender must begin liquidating the collateral. If the collateral is real property, the lender must liquidate all parcels of real property that has a Recoverable Value over $10,000. Is the Recoverable Value of the Property Over $10,000? See SOP 50 57.

Loans 98

Loans Collateral Foreclosure Lender 98

PBWT

SEPTEMBER 8, 2021

Debtors and trustees seeking to avoid the hardship of a foreclosure often attempt to employ sections 547 and 548 of the Bankruptcy Code. [1] 1] In accordance with the former section, a debtor may avoid any transfer of an interest in property “on or within 90 days before the date of the filing of the petition.”

Bankruptcy 52

Bankruptcy Foreclosure Debtor Lender 52

ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff An unpaid secured lender with a prepetition mortgage does not have a right to receive payment of proceeds from a postpetition sale of real property. the “Debtor”) $1.5 2] In 2022, the Debtor commenced a chapter 11 bankruptcy case. [3]

Secured Creditor 40

Secured Creditor Bankruptcy Debtor Collateral 40

Sawin & Shea

NOVEMBER 15, 2023

In the case of a Chapter 7 bankruptcy , the court appoints a trustee who is in charge of selling off (liquidating) a debtor’s non-exempt assets. If a debtor has assets that are not protected under those statutes, the trustee can liquidate those items and use the proceeds to pay creditors back something.

Unsecured Debt 52

Unsecured Debt Chapter 7 bankruptcy Collateral Bankruptcy 52

Nexa Collect

MARCH 12, 2021

The CFPB has the authority to stretch its long arm as far as the most remote corner of the United States and its territories in order to supervise and audit local banks, credit unions, payday lenders, debt collection agencies, and more. 981p (12)). All that being said, in Puerto Rico interest is allowed on money judgments, at a rate of 6%.

Collection Agencies 130

Collection Agencies Collections Agency Collections Garnishment 130

FFGN COLLECT NY

MAY 8, 2024

New York allows judgment creditors to restrain bank accounts belonging to judgment debtors once a judgment is entered. Attorney General Leticia James is an advocate for underserved, under-represented consumers, protecting disadvantaged consumers targeted by unscrupulous lenders and creditors.

Banks 52

Banks Debt collector Judgment Creditors 52

Sawin & Shea

SEPTEMBER 14, 2022

An automatic stay prevents creditors and lenders from collecting debt or collateral on protected assets. With consumer debts, co-debtors receive the protection of an automatic stay. This test calculates whether an individual can repay lenders and creditors without declaring Chapter 7 bankruptcy.

Chapter 13 bankruptcy 122

Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy Student loans 122

Collection Industry News

AUGUST 8, 2022

Section 1788.202 prohibits a private education lender or a private education loan collector from making any written statement to a debtor in an attempt to collect a private education loan unless the private education lender or private education loan collector possesses specified information, including 18 items.

Student loans 40

Student loans Student Loans Loans Education 40

Jimerson Firm

JULY 1, 2020

When lenders take life insurance policies as collateral for loans, they need to be aware of what needs to occur to place a claim in the event their borrower dies. Therefore, it is critical for lenders to confirm that no prior assignment exists on life insurance collateral prior to taking the collateral on as security for a loan.

Collateral 98

Collateral Loans Lender Secured Creditor 98

Fraser

JUNE 25, 2020

The petition date is the date on which a debtor files a chapter 11 bankruptcy proceeding. The debtor is required to serve all known creditors with notice of the commencement of the chapter 11 case. In order to participate in the distribution of the debtor’s assets to satisfy pre-petition claims, a creditor must have a valid claim.

Creditors 72

Creditors Bankruptcy Unsecured Creditor Debtor 72

PBWT

SEPTEMBER 30, 2022

To encourage parties to transact with debtors in bankruptcy, the Bankruptcy Code in corporate bankruptcies provides highest priority to “administrative expenses,” which include “the actual, necessary costs and expenses of preserving the estate.” ” 11 U.S.C. § § 503(b); id. § § 507(a)(2).

Bankruptcy 112

Bankruptcy Debtor Lender Government 112

Jimerson Firm

DECEMBER 30, 2020

In the event a borrower is seriously delinquent on making payments under a SBA loan, or the SBA loan is classified in liquidation status, lenders and CDCs must develop a prudent and commercially reasonable strategy to maximize their recovery on the loan. 60 calendar days), the lender/CDC must move forward with liquidating the collateral.

Loans 98

Loans Collateral Lender Foreclosure 98

Sawin & Shea

MARCH 6, 2024

You still owe everything you owed before– you just have a new lender to repay. Types of Bankruptcy Chapter 7 bankruptcy , known as liquidation bankruptcy, allows debtors to sell off non-exempt assets to pay creditors, with remaining eligible debts then discharged. However, it’s important to remember that this does not eliminate debt.

Debt Consolidation 52

Debt Consolidation Bankruptcy Chapter 13 bankruptcy Chapter 7 bankruptcy 52

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. The SBRA created a new “subchapter V” to Chapter 11 of the Bankruptcy Code , which provides small business debtors an easier path through bankruptcy.

Creditors 56

Creditors Bankruptcy Debtor Construction 56

The Creditors Rights

JUNE 7, 2016

Many lenders attempt to render their borrower bankruptcy remote by requiring the borrower to have on its board a director, known as a “blocking director,” whose consent is required for any bankruptcy filing. This harsh lesson was learned by the lender in In re: Lake Michigan Beach Pottawattamie Resort, LLC , 547 B.R. 899 (Bankr.

Lender 40

Lender Bankruptcy Foreclosure Government 40

Sawin & Shea

SEPTEMBER 13, 2023

A foreclosure is a process used by mortgage lenders to recover their money when a homeowner defaults on their mortgage payments. During this process, the lender will typically repossess the house and then sell it off at a public auction. The individual (you) The lender Who controls the property? What’s the Difference?

Foreclosure 52

Foreclosure Bankruptcy Chapter 7 bankruptcy Chapter 13 bankruptcy 52

Debt Free Colorado

FEBRUARY 21, 2022

What can debtor collectors do to you under the FDCPA: Contact other people to find out where you live, your current telephone number, or where you work, but they can’t contact anyone more than once or tell anyone you owe a debt. The federal Fair Debt Collection Practices Act (FDCPA) does not apply to the actual lender.

Debt collector 98

Debt collector Fair Debt Collection Collection Agencies Collections Agency 98

Sawin & Shea

JANUARY 18, 2024

Debtors with a steady income create a court-approved repayment plan spanning three to five years. The debtor works closely with a bankruptcy trustee to create a manageable repayment plan, and upon successful completion, any remaining eligible debts are typically discharged. What is Chapter 13 Bankruptcy?

Chapter 13 bankruptcy 52

Chapter 13 bankruptcy Loans Bankruptcy Repossession 52

Sawin & Shea

APRIL 20, 2021

When an Indiana homeowner is unable to make their mortgage payments, the lender eventually starts a foreclosure. If a mortgage lender determines that an Indiana homeowner is failing to make their mortgage payments, the lender will start contacting the borrower to demand payment. How the Foreclosure Process Works in Indiana.

Foreclosure 93

Foreclosure Bankruptcy Lender Repossession 93

Burr Forman

JANUARY 26, 2022

In his bankruptcy practice, Eric focuses on representing creditors, including financial institutions, special servicers, private equity groups, and other non-traditional lenders as well as other secured and unsecured creditors in state and federal court litigation, chapter 11 bankruptcy cases, and in out-of-court workouts and resolutions.

Lawyers 52

Lawyers Bankruptcy Unsecured Creditor Creditors 52

Jimerson Firm

JANUARY 27, 2021

SBA lenders should understand the appropriate protocols after receiving an offer in compromise from a borrower, including what an offer in compromise is, when it is appropriate, the general requirements, and the process for reviewing, approving and completing a compromise. If there are any discrepancies, the lender must investigate them.

Loans 96

Loans Lender Collateral Creditors 96

Jimerson Firm

MARCH 19, 2021

When a lender holds a defaulted loan there are several issues that need to be considered before initiating a foreclosure. Lenders must ensure compliance with all relevant State and Federal laws and regulations to preserve their remedies for recovery. Florida State Laws. Foreclosures are a state law proceeding first and foremost.

Loans 98

Loans Foreclosure Lender Accrued Interest 98

Debt Free Colorado

MARCH 10, 2023

At the beginning of the bankruptcy process, a petition is filed by the debtor or, less frequently, by creditors. After all the assets have been reviewed and evaluated for the debtor, some of the debt may be partially fulfilled utilizing the assets. A bankrupt person or business is unable to pay its debts.

Bankruptcy 52

Bankruptcy Chapter 13 bankruptcy Chapter 7 bankruptcy Debtor 52

FFGN COLLECT NY

SEPTEMBER 23, 2022

Merchant cash advance agreements are drafted in a way that offers an advantage to the lender. In the past, merchant cash advance companies and other lenders required their clients to sign a confession of judgment that could, in the event of default, be entered in New York without any further notice if and when the default occurred.

Judgment 52

Judgment Lender Judgment Enforcement Banks 52

Taurus Collect

MAY 11, 2023

In fact, most creditors and lenders will use a third party to follow up on outstanding accounts as soon as they become past due. Search Public Records When it comes to debtor tracing agencies, it can often feel like they have access to every piece of information about you. And unfortunately, that’s not too far from the truth.

Collection Agencies 52

Collection Agencies Collections Agency Debt collector Collections 52

Foster Swift

JULY 16, 2019

In bankruptcy, a debtor must relinquish assets to satisfy debts. Certain assets may be exempted from a debtor’s bankruptcy under federal and state law. But there are exceptions to this general rule. Read More › Tags: 6th Circuit Court of Appeals , Billing/Payment , Chapter 7 , Collections.

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Debtor Bankruptcy Lender Loans 40