Sawin & Shea

APRIL 13, 2021

What you will learn from reading this article: Facts about selling your home while going through bankruptcy. Details about Chapter 7 and Chapter 13 Bankruptcies and your house. You will need the advice of an experienced bankruptcy attorney as soon as possible! Can you sell your house if you are in a foreclosure situation?

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Jimerson Firm

MAY 19, 2021

Although a lender may have won the battle by obtaining a final judgment of foreclosure from the court, it may not win the war. Although a lender may not be able to avoid this from happening, it should be aware of how and why their final judgment of foreclosure may be set aside. Pursuant to Section 702.07 Bank of Am.

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Sawin & Shea

DECEMBER 7, 2023

With the COVID-19 foreclosure moratoriums over, housing foreclosures are once again on the rise nationally. In fact, in September of 2023, we saw home foreclosures on the rise by a whopping 18.4% Foreclosures in Indianapolis have also been increasingly more common. from this time last year.

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Debt Free Colorado

DECEMBER 9, 2021

Are you considering bankruptcy? Bankruptcy is a challenging, life-altering experience. . If you are considering consulting with an attorney about your debt-relief options, it is essential to remember that each type of bankruptcy comes with its advantages and disadvantages. . Advantages of Chapter 7 Bankruptcy.

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Credit Corp

FEBRUARY 9, 2024

MA non-judicial mortgage foreclosure can take about 120 days, or four months, to complete. Judicial foreclosures vary depending on your state. A nonjudicial mortgage foreclosure can take about 120 days, or four months, to complete. Judicial foreclosures vary depending on your state. What Is Foreclosure?

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Sawin & Shea

AUGUST 4, 2021

For the lender, it’s all about the bottom line, and if they think they can get more money from a foreclosure, they won’t agree to a short sale. If you are struggling to pay other debts, a bankruptcy will make more sense for you. What if you file for Chapter 7 bankruptcy? Is it better than bankruptcy?

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Troutman Sanders

MARCH 1, 2023

In 2017, the Lender moved for summary judgment against Mr. Kessler on its foreclosure complaint. Mr. Kessler cross-moved to dismiss, arguing that the inclusion of the final two paragraphs in his 90-day notice, addressing bankruptcy status and military membership, violated section 1304’s “separate envelope” provision.

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Sawin & Shea

APRIL 26, 2023

A judgment lien against you can have a variety of distressing and negative consequences. Read on to learn everything you need to know about judgment liens in Indiana, including how they work and how to avoid them. What Is a Judgment Lien? Judgment Liens in the Hoosier State In Indiana, judgment liens last for 10 years.

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ABI

JANUARY 22, 2023

John's University School of Law American Bankruptcy Institute Law Review Staff Section 362 of title 11 of the United States Code (the “Bankruptcy Code”) provides that the filing of a bankruptcy petition results in an automatic stay generally enjoining all actions, including a foreclosure sale, against a debtor or its property. [1]

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Consumer Financial Services Law

AUGUST 27, 2019

Enloe A First Circuit Bankruptcy Appellate Panel (the “Panel”) recently held that a mortgage company’s communications did not violate the discharge injunction when viewed under an objective standard and considering the facts and circumstances surrounding the communications. By Caren D. 21st Mortg. 427 (2019).

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Jimerson Firm

SEPTEMBER 22, 2020

Parts 1-3 of this series explored alternative pre-foreclosure loss mitigation options for lenders including acceleration and enforcement of personal guarantees. The answer to the question of whether hotel revenues constitute rent under Section 697.07, Florida Statutes, may depend upon the district in which the foreclosure action is pending.

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Debt Free Colorado

MARCH 3, 2023

Find Out the 10 Common Questions About Bankruptcy with Colorado Bankruptcy Lawyers. The decision to file for bankruptcy is a significant one, and we are here to assist you in determining whether bankruptcy is the best course of action for your circumstances. Do bankruptcies come in different types?

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PBWT

DECEMBER 22, 2020

In sophisticated real estate financing transactions, most prudent lenders attempt to deter borrowers from filing for bankruptcy before loans are paid in full by providing in loan documents that such a filing constitutes an event of default. Bankruptcy Code to delay the foreclosure.

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Jimerson Firm

AUGUST 7, 2020

The Act codifies existing common law in Florida regarding the right to have a receiver appointed by the court in commercial foreclosure actions, and provides much needed clarity, predictability, and uniformity on the standard for the appointment of a receiver and the powers of receivers. What is the Purpose of the Act?

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FFGN COLLECT NY

JUNE 12, 2022

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. We notified the client and closed our file.

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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] A recent adversary proceeding in the United States Bankruptcy Court for the District of New Jersey, Cedrick Goodman v. Debtor filed his bankruptcy on January 15, 2020.

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Sawin & Shea

MAY 2, 2024

If you’re struggling with overwhelming debt, you may be wondering if bankruptcy is the right solution for your financial situation. One of the most common questions people have is “How Much Debt is Needed to File for Bankruptcy?” However, that doesn’t mean bankruptcy is the best option for everyone with debt.

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Consumer Financial Services Law

MARCH 15, 2019

A district court in Michigan recently dismissed an FDCPA action, holding that a letter which included a bankruptcy disclaimer was for informational purposes only and did not violate the FDCPA. In those cases, the Sixth Circuit concluded that foreclosure proceedings are debt collection. Fabrizio & Brook, P.C., LEXIS 33450 (E.D.

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Better Credit Blog

APRIL 1, 2022

Whatever you’re dealing with, late payments, collections, charge-offs, or foreclosures, the following techniques can clean up your credit quickly. Developing these good habits will help a lot, but let’s be clear: a major negative entry like bankruptcy, foreclosure, or repossession on your credit file will cause bad credit.

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Better Credit Blog

AUGUST 19, 2020

If you receive a public judgment from a court regarding one of your debts, you can end up with an entry on your credit report. Public records are judgments that are published by the court. The court will create a public record for bankruptcies, foreclosure, or failure to pay taxes. Bankruptcies. Foreclosures.

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Jimerson Firm

JULY 30, 2020

Part 2 of this series analyzed pre-foreclosure loss mitigation options for lenders dealing with hotel/restaurant mortgage defaults. For example, when a borrower becomes insolvent or files for bankruptcy, the lender can still attempt to mitigate its damages by seeking to recover all or a portion of its damages from the guarantor.

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Fraser

SEPTEMBER 28, 2020

When a company files for bankruptcy and it owes you money, it means you have a “claim” in the debtor’s bankruptcy proceedings. The bankruptcy court will establish a deadline, or “bar date,” by which claims must be filed. A claim, in short, is a right to payment. By When Must You File a Claim?

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Sawin & Shea

SEPTEMBER 20, 2023

If you’re in a financial bind, your best option might be to seek a fresh start through Chapter 7 bankruptcy. In most cases, you don’t forfeit your home when you file for Chapter 7 bankruptcy. What is Chapter 7 Bankruptcy? From July 2020 to June 2021, there were 15,719 bankruptcies filed in Indiana. Can I Keep My Home?

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Debt Free Colorado

APRIL 9, 2020

You can work directly with the mortgage lender on a loan modification, or reach out to the Colorado Foreclosure Hotline for free assistance. If you own a home the consequences of a judgment against you are more significant as judgment creditors can place liens against your home. Guide to Coronavirus Mortgage Relief Options.

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Credit Corp

JUNE 14, 2023

Foreclosures and Short Sales: Seven Years A foreclosure can remain on your credit reports for seven years from the date the foreclosure was filed. The same goes for a short sale, which could show up on your credit report as a charge-off, a settlement, a deed-in-lieu of foreclosure, or “settled for less than the full amount due.”

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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 Bank , N.A.,

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Better Credit Blog

MARCH 2, 2021

They’re also a great asset if you’re facing any of the credit challenges below: Bankruptcy. Foreclosures. Credit repair specialists will handle the entire process, disputing inaccurate accounts featured on your report and making a specialized plan for improving your credit. Identity fraud. Hard inquiries. Ads by Money.

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Burr Forman

JANUARY 7, 2022

From Burr & Forman’s Jacksonville office: Armando Nozzolillo is a member of the firm’s Creditors’ Rights and Bankruptcy practice group.

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Albuquerque Law

MAY 5, 2020

Federal laws do protect military families facing financial challenges It is critical to note that military members – both active-duty members, reservists and veterans – can file bankruptcy to achieve debt relief. Even so, bankruptcy is still an option for service members.

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Collection Industry News

SEPTEMBER 23, 2020

Default Judgments in Debt Collection Cases. The survey data showed that more than 70% of debt collection suits ended in default judgments. In Alabama, if a judgment is entered against you, the creditor who got the judgment can do several things as far as trying to collect on the judgment. • Filing bankruptcy.

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ABI

JANUARY 20, 2020

American Bankruptcy Institute Law Review , Staff Member. In In re Parkland Properties , the Bankruptcy Court for the Northern District of Illinois held that a debtor may implicitly waive its right to enforce a reorganization plan confirmed under Chapter 11 of Title 11 of the United States Code (the “Bankruptcy Code”). [1]

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Consumer Financial Services Law

JANUARY 5, 2021

Court of Appeals for the Ninth Circuit recently held that a mortgage servicer had a permissible purpose for pulling the consumer reports of three borrowers for whom it serviced two mortgages even though the borrowers’ personal liability on the mortgages had been discharged in bankruptcy. Ocwen Servicing, LLC , 978 F.3d 3d 669 (9th Cir.

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Better Credit Blog

NOVEMBER 5, 2020

There are a handful of top-tier credit repair companies that can work with you to tackle all of your credit problems, which might include: Bankruptcy. Foreclosures. Charge offs. Debt in collections. Identity fraud. If your credit score needs a major boost, a credit repair company can be well worth the cost.

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Better Credit Blog

DECEMBER 31, 2020

Bankruptcy. Foreclosures. They can dig even deeper into your credit report, pinpointing the biggest factors bringing down your score. They’re equipped to take on credit challenges like: Charge offs. Late payment history. Debt in collections. Repossessions. Need help picking a company?

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Better Credit Blog

NOVEMBER 17, 2020

They’re experts at dealing with a long list of credit issues, such as: Bankruptcy. Foreclosures. They can dispute negative entries, confront debt collectors, and take all the necessary steps to improve your credit, whatever shape it might be in. Charge offs. Collections.

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Personal loans Loans Banks Foreclosure 75

Troutman Sanders

FEBRUARY 8, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. The act would reform the current bankruptcy code due to the COVID-19 pandemic. You may access this interactive tool at [link].

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BN Lawyers

JANUARY 14, 2019

the defendant initiated non-judicial foreclosure proceedings during the consumer’s thirty-day FDCPA validation period. Trott filed a response opposing the injunction, and just hours prior to the hearing on the motion for the preliminary injunction, Scott filed for Chapter 13 bankruptcy. Trott Law, P.C. ,

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