Jimerson Firm
DECEMBER 10, 2021
Many secured creditors and equipment leasing companies have encountered defaulted debts, where the debtors and lessees retain possession of the collateral, including cars, boats, machinery, or other equipment. Pre-Judgment Writs Can Be Used to Recover Personal Property Immediately. Broward Bank, 599 So. 2d 1018 (Fla.
Collections Law
DECEMBER 14, 2021
Once you win your judgment case against someone who owes you money, you should be able to collect on your judgment and move on with your life. Cohen LLC, we often combine asset seizure with other methods of pre- or post-judgment attachment. Unfortunately, many debtors do not readily pay up, even with a court order against them.
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Jimerson Firm
FEBRUARY 11, 2022
The bankruptcy automatic stay prohibits all creditors from proceeding with collection actions, lawsuits, and enforcement of judgments against the debtor. Contractors and subcontractors that have lien rights under applicable construction lien laws may have the ability to assert what is known as a secured claim in bankruptcy.
PBWT
DECEMBER 13, 2020
Because it was solvent at confirmation, the debtor proposed to pay secured creditors in full, with interest at the contract rate, and general unsecured creditors in full, with postpetition interest at the “legal rate,” or a rate determined by the Court that leaves the creditors unimpaired. [1] 94 (BAP 9th Cir.
Burr Forman
JANUARY 7, 2022
He represents various financial institutions, creditors, landlords, and other parties in all aspects of loan modifications and restructuring, commercial foreclosures, enforcement of security interests and domestic and foreign judgments, Chapter 7 and 11 bankruptcies, and creditors’ rights litigation.
Sawin & Shea
JANUARY 25, 2022
However, if you file for bankruptcy, it can put a pause on debt collection, including actions by secured creditors. In a Chapter 7 you will be given a choice to either allow secured creditors to seize your collateral or continue to make payments until the debt is paid off.
Collection Industry News
DECEMBER 21, 2020
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. Wells Fargo , 276 F.3d 3d 502 (9th Cir.
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