Account Recovery

NOVEMBER 8, 2024

Personal and business bankruptcy filings in the U.S. Courts, bankruptcy filings for the 12-month period ending September 30 increased by 16.2% The trend: Bankruptcy filings have been increasing each quarter since mid-2022, although they are still far from the historical highs seen in 2010, when filings reached nearly 1.6

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Account Recovery

DECEMBER 11, 2020

the chairman of the House Judiciary Committee, this week introduced a bill in Congress that would overhaul the consumer bankruptcy process in an attempt to “simplify and modernize” the process, according to a press release announcing the proposed legislation. The Consumer Bankruptcy Reform Act of 2020, … The post Sen.

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Sawin & Shea

JANUARY 12, 2021

For someone who’s pursuing Chapter 7 bankruptcy , this is especially important. Chapter 7 bankruptcies are liquidation bankruptcies, meaning non-exempt assets can be liquidated to pay your creditors back something. One of the most common assets that bankruptcy trustees seize is your tax refund.

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Sawin & Shea

JULY 6, 2022

A common question we receive from those considering bankruptcy is how it impacts personal guarantees. If you’re considering filing for bankruptcy, you need to consult with a bankruptcy attorney before signing a personal guarantee. Does a Personal Guarantee Survive Bankruptcy? What Is a Personal Guarantee?

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Account Recovery

MAY 31, 2024

A District Court judge in Indiana has dismissed claims against one credit reporting agency and granted another a motion for summary judgment in a Fair Credit Reporting Act case involving credit reporting, disputes, and bankruptcy.

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Account Recovery

SEPTEMBER 11, 2020

IQOR FILES FOR BANKRUPTCY PROTECTION Collection operation and contact center business-process outsourcing provider iQor filed for Chapter 11 bankruptcy protection yesterday, seeking approval of a pre-packaged plan that would provide the company with $130 million of funding to reorganize itself and continue operating.

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In the Red

FEBRUARY 4, 2022

An official notice from the Judicial Conference of the United States was just published announcing that certain dollar amounts in the Bankruptcy Code will be increased a larger than usual 10.973% this time for new cases filed on or after April 1, 2022. Official bankruptcy forms will likely be updated as April 1st draws near. . . .

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In the Red

JULY 6, 2022

I recently had the honor of talking with the American Bankruptcy Institute’s Editor-at-Large Bill Rochelle about the intersection of intellectual property and bankruptcy, as part of ABI’s Industry Viewpoints video series. Photo courtesy of the American Bankruptcy Institute. Bill and I discussed issues ranging from the U.S.

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Bankruptcy 130

Sawin & Shea

JANUARY 19, 2022

Filing your taxes and filing for bankruptcy are two things that can be confusing and challenging on their own. Filing your taxes after filing for bankruptcy is not as complicated as it may seem, and if you are still confused after doing some research, you can always reach out to a bankruptcy lawyer. Tax Debt and Bankruptcy.

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Sawin & Shea

JULY 29, 2020

One of the things that people hear about bankruptcy is that it usually doesn’t discharge some debts owed to the government, like taxes. Even if you have a large burden of tax debt that is making it extremely difficult to reconcile your finances, bankruptcy can’t always help. How Can I Wipe Out My Tax Debt? What If I Have a Tax Lien?

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Sawin & Shea

AUGUST 31, 2020

If you have been hit hard by the economic upheaval of the coronavirus, filing for bankruptcy may be your best option. At a time when thousands are already struggling with historic stressors due to the uncertainty caused by the pandemic, it may be that bankruptcy could relieve the pressures you find yourself facing.

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In the Red

MAY 25, 2022

Last month I had the honor of speaking on a panel at the American Bankruptcy Institute’s 2022 Annual Spring Meeting in Washington, D.C. The topic of our panel was the Monetization of Intellectual Property in Bankruptcy and Restructuring. Video Available.

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Bankruptcy 130

Consumer Finance

MAY 30, 2024

The CFPB sued student loan servicer Pennsylvania Higher Education Assistance Agency for illegally collecting on student loans that have been discharged in bankruptcy and sending false information about consumers to credit reporting companies.

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Sawin & Shea

JUNE 2, 2021

Determining household size is an important measurement when facing bankruptcy. In fact, correctly determining household size can determine your eligibility for Chapter 7 bankruptcy. Most sections of the bankruptcy means test , which determines eligibility for Chapter 7 bankruptcy, focus on income and expenses.

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Account Recovery

JANUARY 13, 2022

The Bankruptcy Appellate Panel, Ninth Circuit, has overturned a bankruptcy’s court ruling that awarded a debtor attorney’s fees after a debt collector filed proofs of claim that were time-barred. A copy of the ruling in the case of LVNV Funding v. Andrade-Garcia can be accessed by clicking here.

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Sawin & Shea

AUGUST 18, 2021

One issue that you may worry about when filing for bankruptcy is whether or not it will affect your employment. In the midst of a stressful financial time when you are having to accept the idea that your finances are changing, it is normal to believe that there is a stigma attached to bankruptcy. Bankruptcy Code (11 U.S.

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Roths Child Law

JULY 26, 2024

The process of filing for bankruptcy is shrouded in myths that can deter individuals from seeking the help they need. Bankruptcy law is nuanced, and the process can be intimidating. Many people believe that filing for bankruptcy means giving up everything they own or that it will permanently ruin their credit.

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Account Recovery

JANUARY 10, 2023

The Court of Appeals for the Seventh Circuit has overturned a bankruptcy court’s decision and remanded a case with instructions to resolve claims from the bankruptcy trustee on the merits after a collection agency garnished an individual’s wages and seized $3,700 within the 90 days before the individual filed for bankruptcy protection.

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Account Recovery

MARCH 17, 2023

The post Companies Illegally Collecting on Student Loans Discharged in Bankruptcy: CFPB appeared first on AccountsRecovery.net.

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Sawin & Shea

NOVEMBER 15, 2022

Bankruptcy is sometimes the best solution for those struggling with overwhelming debt. They fear that other people will find out about their bankruptcy and view them as financially irresponsible. There’s nothing wrong with filing for bankruptcy, but worrying about what other people will think is understandable. Trustee Program.

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In the Red

APRIL 1, 2022

As discussed in an earlier post called “ Moving Up: Bankruptcy Code Dollar Amounts Will Increase On April 1, 2022 ,” various dollar amounts in the Bankruptcy Code and related statutory provisions were increased for cases filed on or after today, April 1, 2022.

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Bankruptcy 130

Account Recovery

MAY 28, 2024

A District Court judge in Minnesota has denied motions to dismiss filed by the defendants in a case involving alleged violations of the Fair Debt Collection Practices Act and the automatic stay provision of the Bankruptcy Code. The Background: The plaintiff, a former student at St.

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Account Recovery

JULY 19, 2021

The Court of Appeals for the Second Circuit has upheld a lower court’s ruling allowing a plaintiff’s private student loans to be discharged as part of his bankruptcy filing, ruling that the provision of the bankruptcy code that prohibits the discharge of “an obligation to repay funds received as an educational benefit” does not apply … (..)

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Account Recovery

JUNE 6, 2022

A Bankruptcy Court judge in New York has certified a class of nearly 300,000 consumers for whom a furnisher failed to update their credit reports to discharged via bankruptcy from charged off while also sanctioning the furnisher for “repeated, lengthy, and willful discovery failures” including the submission of false affidavits and repeated (..)

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Sawin & Shea

JULY 28, 2021

It’s tempting to believe that filing for bankruptcy is like having a magical wizard wave his wand to make all of your problems disappear. Bankruptcy isn’t rare in the Hoosier state; Indiana has the 7th highest percentage of bankruptcies in the United States, based on population: 22,748 in 2019, or 3.38 per every 1,000 people.

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Credit Corp

JULY 9, 2024

A bankruptcy can remain on your credit report for up to ten years from the filing date of Chapter 7 bankruptcy or up to seven years from the filing date of Chapter 13 bankruptcy. While bankruptcy may be a last resort, there are times where filing bankruptcy might make sense.

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Account Recovery

SEPTEMBER 13, 2021

Offering a “microcosm” of the “national problem” of the financial issues caused by illness and injuries leading to individuals being forced to file for bankruptcy protection, a state consumer advocacy group has published a report detailing that 60% of bankruptcy filings included some form of medical debt.

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Sawin & Shea

NOVEMBER 23, 2022

Both being sued by a creditor and bankruptcy can feel like scary situations, but rest assured, filing for bankruptcy can help. Once bankruptcy is filed, whether it’s under Chapter 7 or Chapter 13 , an automatic stay prevents debt collectors from taking further legal action. Does bankruptcy clear lawsuit debt?

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Troutman Sanders

JANUARY 29, 2024

The debt purchaser in In re McIntosh argued that because it was enforcing a debt that was not listed correctly on the debtor’s bankruptcy schedules, it was entitled to assume the debt had not been discharged. As background, in 2002, the debtor and her then-spouse jointly filed a “no asset” Chapter 7 bankruptcy petition.

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Sawin & Shea

JUNE 22, 2022

Since 1991, the number of retirees filing for bankruptcy has tripled , with 12.2% of all bankruptcies being filed by people 65 and older. Unfortunately, all of this adds up to bankruptcy—something that is already scary to deal with as is but can be even more overwhelming and frightening for seniors.

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Sawin & Shea

FEBRUARY 16, 2022

An emergency bankruptcy is a bankruptcy filing method that expedites the filing process to stop creditors and bill collectors from seeking debts from borrowers. Individuals can file an emergency bankruptcy, also known as a skeleton bankruptcy, under Chapter 7 and Chapter 13. When to File an Emergency Bankruptcy.

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Account Recovery

DECEMBER 11, 2020

Judge Grants MTD in FDCPA Case; Bankruptcy Overhaul Bill Introduced appeared first on AccountsRecovery.net.

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Sawin & Shea

FEBRUARY 9, 2022

Filing for chapter 13 bankruptcy can seem like a daunting task, but it’s often the right move for those who are facing foreclosure, repossession, or have exorbitant debts. If you’re thinking of filing for chapter 13 bankruptcy, you may have questions regarding how it will impact your credit score.

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Sawin & Shea

MARCH 9, 2022

When facing bankruptcy, many wonder how much debt is needed to file bankruptcy. There is no minimum amount of debt you need in order to file for bankruptcy, but there are other critical factors you need to take into consideration before filing under Chapter 7 or Chapter 13. Should I File for Bankruptcy?

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Sawin & Shea

AUGUST 17, 2022

There are two primary types of bankruptcies that a person might file when struggling to pay their debts: Chapter 7 and Chapter 13. In a Chapter 13 bankruptcy , the debtor agrees to a payment plan instead of having their property taken to pay creditors. Ways Debtors Try to Hide Their Assets in Bankruptcy.

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Sawin & Shea

DECEMBER 7, 2022

If you’re struggling with crippling debt this holiday season, filing for bankruptcy may be your best option for getting your finances back on track. Here’s what you need to know about getting through the holidays during bankruptcy. Those who are about to file for bankruptcy should also avoid accumulating substantial debt.

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Sawin & Shea

OCTOBER 19, 2022

Difficult financial situations are never in our plans, so those who file for bankruptcy are often left with a lot of questions about what they can and can’t do once proceedings are completed. One of the confusing subjects surrounding bankruptcy is car buying. Differences between Chapter 7 and Chapter 13 Bankruptcies.

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