June, 2018

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Sixth Circuit Court of Appeals Holds that Penalties Associated with Michigan Unemployment Benefits Fraud are Non-dischargeable in Chapter 13 Bankruptcy Cases

Foster Swift

In a recent opinion, the U.S. Court of Appeals for the Sixth Circuit (the “Court”) ruled that penalties assessed by the state of Michigan against two debtors, stemming from fraud associated with the wrongful receipt of Michigan unemployment benefits, are non-dischargeable in Chapter 13 bankruptcy pursuant to Bankruptcy Code § 523(a)(2). 1 Read More › Tags: 6th Circuit Court of Appeals , Chapter 13.

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The Value of Advanced Collection Agency Reporting

AGA

Does your current collection partner provide you, at your fingertips, online reporting that provides you access to every piece of information that you need to manage and review their recovery performance, and track how they are working your company’s placements? 1. Are you able to review recovery analytics in a split second? 2. Can you look at individual file performance, review legible collector notes with the click of a mouse?

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Winning a Judgment Does Not Mean You’ve “Won”

Turbo Recovery

Picture this: an account becomes overdue and your in-house attorney files suit against the debtor. A judgment is awarded in your favor, but the debt still isn’t paid. You call Point Law and say “we have a judgment, so what do we do now? What’s next?” We encounter this same situation over and over again. People automatically assume that suing and winning means getting paid.

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Winning a Judgment Does Not Mean You’ve “Won”

Turbo Recovery

Picture this: an account becomes overdue and your in-house attorney files suit against the debtor. A judgment is awarded in your favor, but the debt still isn’t paid. You call Turbo Debt Recovery and say “we have a judgment, so what do we do now? What’s next?”. We encounter this same situation over and over again. People automatically assume that suing and winning means getting paid.

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From Complexity to Clarity: Strategies for Effective Compliance and Security Measures

Speaker: Erika R. Bales, Esq.

When we talk about “compliance and security," most companies want to ensure that steps are being taken to protect what they value most – people, data, real or personal property, intellectual property, digital assets, or any other number of other things - and it’s more important than ever that safeguards are in place. Let’s step back and focus on the idea that no matter how complicated the compliance and security regime, it should be able to be distilled down to a checklist.

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

Foster Swift

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. 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.