Sawin & Shea

MARCH 2, 2022

Shortly after you file for Chapter 7 or Chapter 13 bankruptcy, you will receive a notice for your section 341 meeting of creditors. It’s an essential part of the bankruptcy process that usually takes place at the Federal courthouse, but currently is done over the phone or via a Zoom chat due to the pandemic.

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Roths Child Law

DECEMBER 20, 2022

However, if you are like most people contemplating bankruptcy, then chances are you are wondering how bankruptcy will impact your current and/or future employment prospects. . Will you lose your current job or have a difficult time finding work after declaring bankruptcy? Bankruptcy and your current job.

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Sawin & Shea

AUGUST 4, 2021

If you are struggling to pay other debts, a bankruptcy will make more sense for you. What if you file for Chapter 7 bankruptcy? The Indianapolis bankruptcy attorneys at Sawin & Shea LLC can help you find the best way out. Is it better than bankruptcy? This is not a problem for debts discharged in bankruptcy.

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Nexa Collect

MARCH 12, 2021

Skip tracing, employment and asset tracking, locating real and personal property, investigating liens, judgments, and corporate filings with the local Secretary of State, are but a few of the methods used to recover your receivables. All that being said, in Puerto Rico interest is allowed on money judgments, at a rate of 6%.

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Sawin & Shea

SEPTEMBER 28, 2022

The stress leading up to a declaration of bankruptcy can be intense. You may also worry that your bankruptcy will become public knowledge and affect other aspects of your life. Let’s begin by discussing the ramifications of bankruptcy on your current employment. Bankruptcy Code. Will your boss and co-workers find out?

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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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Sawin & Shea

JUNE 28, 2023

People file for bankruptcy for any number of reasons, from sky-high medical expenses to loss of income and the inability to make their mortgage payments each month. But filing for bankruptcy isn’t a shameful or immoral act. In some cases, people have spent beyond their means, and now it’s time to repay their debts.

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Sawin & Shea

SEPTEMBER 15, 2021

It would be reassuring to think that government agencies never make mistakes, but like all huge entities–sometimes they do. What Happens If You Are Filing For Bankruptcy and Owe A Repayment To The SSA? You may also be interested in reading our blog: Will I Lose My Social Security Benefits if I File For Bankruptcy?

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Debt Free Colorado

FEBRUARY 21, 2022

Bankruptcy may appear to be a scary process, but it does not have to be. You may be able to apply for one of many different types of bankruptcy, each of which accomplishes various aims, depending on your specific situation. The CFDCPA does not apply to anyone who collects their debts or government personnel in the United States.

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Sawin & Shea

SEPTEMBER 15, 2021

It would be reassuring to think that government agencies never make mistakes, but like all huge entities–sometimes they do. What happens if you are filing for bankruptcy and owe a repayment to the SSA? You may also be interested in reading our blog: Will I Lose My Social Security Benefits if I File For Bankruptcy?

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In the Red

MARCH 23, 2020

This will allow directors to enjoy the protection of the business judgment rule, which provides that courts will not second guess a director’s good faith business judgment made with due care. The COVID-19 pandemic and government orders precluding non-essential business operations have produced widespread financial impacts.

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In the Red

MARCH 23, 2020

This will allow directors to enjoy the protection of the business judgment rule, which provides that courts will not second guess a director’s good faith business judgment made with due care. The COVID-19 pandemic and government orders precluding non-essential business operations have produced widespread financial impacts.

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In the Red

MARCH 23, 2020

This will allow directors to enjoy the protection of the business judgment rule, which provides that courts will not second guess a director’s good faith business judgment made with due care. The COVID-19 pandemic and government orders precluding non-essential business operations have produced widespread financial impacts.

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Credit Corp

MAY 23, 2021

Bankruptcies, for instance, often remain on record for up to a decade. Tip: Liens and civil court judgments used to appear on credit reports, but credit bureaus no longer collect information about those types of public records. Bankruptcies are now the only public records included on credit reports.

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PBWT

OCTOBER 30, 2022

The ramifications of uneven increases to fees in chapter 11 bankruptcies continue to ripple through federal courts. Trustee program, especially in large bankruptcy cases. Legal challenges to the increase arose throughout the country, including in the massive Circuit City bankruptcy case. Constitution’s Bankruptcy Clause.

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Troutman Sanders

APRIL 27, 2023

Noting a rise in credit card delinquencies, the Consumer Financial Protection Bureau (CFPB or Bureau) released a new blog post analyzing civil judgments, the final recourse for creditors to collect on unsecured debt. According to the CFPB, civil judgments are “”both common and unevenly distributed.””

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The Creditors Rights

JULY 19, 2016

When an adversary proceeding is transferred to the district court pursuant to a withdrawal of the reference, which rules—and deadlines—apply: those contained within the Federal Rules of Civil Procedure, or those contained within the Federal Rules of Bankruptcy Procedure? Rosenberg v. DVI Receivables XIV, LLC , 2016 WL 1392642 (11 th Cir.

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PBWT

APRIL 2, 2021

Federal Rule of Bankruptcy Procedure 7004 governs service of process in adversary proceedings. The debtors/plaintiffs then moved for default judgment. The court ruled that the debtors/plaintiffs’ service via certified mail was improper under Bankruptcy Rule 7004. McKay Mignault found that “[f]irst class mail.

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PBWT

JULY 20, 2021

The Bankruptcy Code grants the power to avoid certain transactions to a bankruptcy trustee or debtor-in-possession. In a recent decision, the United States Bankruptcy Court for the District of New Mexico addressed this question, concluding, in the face of a split of authority, that there was such a requirement.

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Collection Industry News

AUGUST 18, 2020

Moreover, the Dutch courts are generally handling bankruptcy petitions and requests for pre-judgment attachment in the same way as they did before COVID-19. The temporary act’s purpose is to protect Dutch companies from avoidable bankruptcies and limit the damage caused by the COVID-19 crisis as much as possible.

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Collection Industry News

MAY 18, 2021

The case arose from a consumer’s claim that, when he noticed his credit report still reflected a delinquent mortgage after he had discharged his debts in Chapter 7 bankruptcy, he notified the CRA of the inaccuracy. The post 11th Circuit Vacates FCRA Summary Judgment For Credit Reporting Agency appeared first on Collection Industry News.

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Collection Industry News

JANUARY 24, 2022

On January 18, the CFPB filed a proposed final judgment against an Illinois-based third-party payment processor BrightSpeed Solutions and its founder Kevin Howard (collectively, “defendants”), which ceased operations almost three years ago, settling claims that the defendants facilitated payments for telemarketing fraudsters targeting seniors.

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Debt Free Colorado

APRIL 9, 2020

If you own a home the consequences of a judgment against you are more significant as judgment creditors can place liens against your home. This is fairly easy to accomplish with federal student loans, and because the federal government is working to waive interest on these loans, it won’t wind up costing you much in the long run.

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Public Citizen

OCTOBER 24, 2020

  In addition, the Symposium welcomes discussion over the recent decision by the Uniform Law Commission to address debt collection efforts by third-party debt collectors or buyers based on default judgments.    Selected papers are due after the Symposium on June 4, 2021.   

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Collection Industry News

DECEMBER 18, 2024

For 31 years, the agency has tried and failed to collect a $62 million judgment against the former corporate raider for securities fraud. To avoid paying the penalty, Bilzerian pleaded poverty and twice declared bankruptcy. government. He later moved to the island nation of St. Kitts and Nevis, beyond the reach of the U.S.

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FDCPA Defense

MAY 21, 2016

This allegedly led to the sale of accounts with inaccurate balance or APR data, and the sale of accounts that were not owed, because they were opened as a result of fraud, the account holder was deceased or in bankruptcy, or the account had been settled or paid in full.

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Troutman Sanders

DECEMBER 8, 2022

The Act has been touted as a way to protect Arizonans with medical debt from bankruptcy and set new exemption limits on property subject to debt collection and decreased the portion of a judgment debtor’s income that is subject to garnishment. The plaintiffs, led by the Arizona Creditors Bar Association Inc.,

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PBWT

MARCH 28, 2023

21-908, a Supreme Court case concerning the scope of the fraud exception to the dischargeability of debts in bankruptcy. Section 523 of the Bankruptcy Code exempts from discharge “any debt. The Bartenwerfers then filed for bankruptcy. We have previously blogged about Bartenwerfer v. Buckley , No. ” 11 U.S.C. §

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The Kaplan Group

OCTOBER 19, 2020

The United States Trustee Program also keeps a list of credit counseling agencies approved to provide pre-bankruptcy counseling. A judgment is the official result of a lawsuit in court. In debt collection lawsuits, the judge may award the creditor a judgment against you. Debt Settlement Services. Statute of Limitations.

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BN Lawyers

MARCH 23, 2020

It can make the difference between being able to work out an arrangement with a landlord or equipment lessors and needing to file for a chapter 11 bankruptcy to save your business. A lender may be willing to forbear payments in exchange for extending repayment out over an additional six-months to avoid forcing your business into bankruptcy.

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Jimerson Firm

SEPTEMBER 22, 2020

This article explores Section 697.07, Florida Statutes, which governs the assignment of rents. does not apply to hotel revenues stems from a line of bankruptcy cases decided in the early 1990s. Assignment of Rents under Section 697.07, Florida Statutes. 3d 333, 335 (Fla. 4th DCA 2018) recognized that the idea that Section 697.07

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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. For more than a century, Burr & Forman LLP’s experienced legal team has served clients at the intersection of business and government. About Burr & Forman LLP.

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ABI

JANUARY 12, 2022

American Bankruptcy Institute Law Review Staff. . LLC , the United States Court of Appeals for the Third Circuit held that sections 503 and 1141 of Title 11 of the United States Code (the “Bankruptcy Code”) authorize bankruptcy courts to set deadlines (i.e., Kayla Nieves. John’s University School of Law. In Ellis v.

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Consumer Financial Services Law

JANUARY 22, 2021

Background The case arose from four separate chapter 13 bankruptcy cases in which the debtors sought to regain possession of their vehicles from the City of Chicago, which had seized and impounded the vehicles prepetition due to unpaid parking tickets and similar traffic fines. The case, City of Chicago v. Fulton, No. Fulton, No. 11 U.S.C. §

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Jimerson Firm

JANUARY 23, 2023

Due to this, suppliers of construction materials will often need to enter into a credit agreement with their customers to govern the terms on which credit is extend, including when payment is due and other important aspects of the credit relationship. can be taken.

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Collection Industry News

AUGUST 11, 2020

Applying traditional severability principles, seven Justices concluded that, rather than invalidate the entire TCPA, the 2015 government-debt exception must be severed from the remainder of the statute. The bottom line: the government-debt exception is gone; the rest of the TCPA remains. Ass’n of Political Consultants, Inc.

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Collection Industry News

DECEMBER 21, 2020

However, the Bureau alleges that the Agency did not have the requisite licenses necessary under state law to threaten to sue, sue and collect on judgments in three states — New Jersey, Rhode Island, and Connecticut. Further, the Agency is subject to a civil money penalty of $204,000 to be paid to the Bureau.

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