Account Recovery

AUGUST 27, 2021

It might not be a Hunstein case, but a District Court judge in Missouri has granted a defendant’s motion for judgment on the pleadings after it was sued for allegedly violating the Fair Debt Collection Practices Act by disclosing the existence of a debt to a third party — in this case a bankruptcy attorney … The post Judge Rules for (..)

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Fair Debt Collection Bankruptcy Judgment Collections 246

Account Recovery

MARCH 29, 2022

A District Court judge in Florida has denied a defendant’s motion for summary judgment while partially granting and partially denying a similar motion from the plaintiff in a Florida Consumer Collection Practices Act case over alleged attempts to collect a debt after the plaintiff had filed for bankruptcy protection and allegedly notified the (..)

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Bankruptcy Judgment Consumer Collections Collections 246

Account Recovery

FEBRUARY 18, 2025

THE COMPLIANCE DIGEST IS SPONSORED BY: BK Filings Surge in 2024, Continuing Rebound from Historic Lows Total bankruptcy filings jumped 14.2% WHAT THIS MEANS, FROM LAURIE NELSON OF PAYMENT VISION: The surge in bankruptcy filings in 2024 presents both challenges and strategic opportunities. See this vivid sinkhole video from July 2024.

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Fair Debt Collection Law Firms Bankruptcy Judgment 130

Account Recovery

NOVEMBER 7, 2022

The Court of Appeals for the Sixth Circuit has upheld a lower court’s summary judgment ruling in favor of a credit reporting agency that was accused of violating the Fair Credit Reporting Act because it erroneously reported a father’s bankruptcy on his son’s credit report because the original petitions both had the son’s Social (..)

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Bankruptcy Judgment 246

Account Recovery

JUNE 8, 2021

A Magistrate Court judge in Indiana has partially granted a defendant’s motion for summary judgment, but denied other claims it violated the Fair Debt Collection Practices Act by sending a collection letter to individuals who had filed for bankruptcy protection and had requested that the defendant stop communicating with them.

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Fair Debt Collection Bankruptcy Judgment Collections 243

Account Recovery

OCTOBER 26, 2021

JUDGE DENIES DEFENDANT’S MOTION IN FDCPA BANKRUPTCY CASE A District Court judge in Florida has denied a defendant’s motion for judgment on the pleadings in a Fair Debt Collection Practices Act case for allegedly disregarded cease-and-desist letters sent by an individual after receiving text messages and collection letters from the defendant while (..)

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Creditors Fair Debt Collection Collections Bankruptcy 246

Account Recovery

DECEMBER 30, 2024

A pro se consumer had managed to get a 3-judge panel of the Court of Appeals to reverse (in a 2-1 decision) lower court rulings finding that PRA had established its standing to sue and its ownership of the debtors account in the underlying collection action, and judgment in its favor on the debt. That appears to be the right result after all.

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Fair Debt Collection Judgment Lawyers Bankruptcy 130

Sawin & Shea

JUNE 23, 2021

Although filing for bankruptcy can solve many of the issues you are dealing with, ease your stress level, and give you a chance to breathe, it cannot remove all of your worries. If you are contemplating filing for bankruptcy, you are probably overwhelmed with debt that you can’t repay while dealing with creditors.

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Bankruptcy Judgment Creditors Foreclosure 102

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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Bankruptcy Garnishment Foreclosure Judgment 98

Credit Corp

JUNE 3, 2020

A judgment is an order issued by a court of law. If they are successful, the court issues a judgment against you. What Happens After a Judgment Is Entered Against You? The court enters a judgment against you if your creditor wins their claim or you fail to show up to court. What Is a Judgment on Property?

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Judgment Garnishment Creditors Law Firms 98

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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Bankruptcy Chapter 7 bankruptcy Chapter 13 bankruptcy Garnishment 105

Account Recovery

FEBRUARY 23, 2024

A Magistrate Court judge in Illinois has denied competing summary judgment motions in a Fair Debt Collection Practices Act case, ruling the plaintiff failed to follow proper procedure and that the defendant is not entitled to the FDCPA’s bona fide error defense that it initiated collection activity on a debt that had been discharged in […] (..)

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Judgment Fair Debt Collection Collections Bankruptcy 147

Nerd Wallet

JULY 9, 2021

The moment a consumer files for bankruptcy, such as Chapter 7 or Chapter 13, an automatic stay typically takes effect immediately. The automatic stay temporarily halts most judgments, collection activities, foreclosures and repossessions of the consumer’s property, which is known as the bankruptcy estate.

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Bankruptcy Repossession Foreclosure Judgment 105

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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Bankruptcy Credit Card Debt Chapter 13 bankruptcy Chapter 7 bankruptcy 105

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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Bankruptcy Chapter 7 bankruptcy Credit Card Debt Garnishment 98

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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Chapter 13 bankruptcy Bankruptcy Garnishment Chapter 7 bankruptcy 105

In the Red

NOVEMBER 28, 2018

Almost every year amendments are made to the rules that govern how bankruptcy cases are managed — the Federal Rules of Bankruptcy Procedure. The amendments address issues identified by an Advisory Committee made up of federal judges, bankruptcy attorneys, and others. The rule amendments are ultimately adopted by the U.S.

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Bankruptcy Judgment Government 100

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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Chapter 13 bankruptcy Bankruptcy Chapter 7 bankruptcy Loans 19

Sawin & Shea

JUNE 16, 2021

Many people assume that because they have filed bankruptcy, their credit is ruined, and they will not be able to qualify for any loans. Chapter 7 bankruptcy: In this type of bankruptcy, your non-exempt assets (if any) have been liquidated to pay off a percentage of your debts. This is not true. More on both of those below.).

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Chapter 13 bankruptcy Bankruptcy Chapter 7 bankruptcy Loans 98

Sawin & Shea

MARCH 30, 2021

Nobody wants to be in a situation where they have to file for bankruptcy, but for the self-employed, it can be a doubly crushing blow. You may even have doubts about whether or not self-employed people are eligible to file for bankruptcy. For both of these types of bankruptcy, you will need to gather some paperwork. Chapter 13.

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Bankruptcy Student Loans Student loans Garnishment 98

Sawin & Shea

MAY 19, 2021

If you are thinking of filing for Chapter 7 or Chapter 13 bankruptcy, or if you have already filed, you may be concerned about how long the bankruptcy will stay on your credit report. There is a simple answer to this: It will stay on for ten years if you filed Chapter 7 bankruptcy and seven years if you filed Chapter 13.

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Chapter 13 bankruptcy Bankruptcy Chapter 7 bankruptcy Student Loans 98

PBWT

NOVEMBER 15, 2020

The Bankruptcy Code enables a trustee to set aside certain transfers made by debtors before bankruptcy. In 2008, Greektown Casino, Holdings, and other related entities filed for bankruptcy. The court thus granted the motion for summary judgment. See 11 U.S.C. §§ §§ 544, 547, 548. financial institution.

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Bankruptcy Financial Institution Debtor Judgment 104

Sawin & Shea

MAY 5, 2021

Filing for Chapter 7 or Chapter 13 Bankruptcy: Chapter 7 will wipe out (discharge) your medical debt along with other unsecured debt, but you must have low enough income to pass the means test in order to qualify for it. Chapter 13 bankruptcy is discussed below. Ten facts About Chapter 13 Bankruptcy and Medical Bills: #1.

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Chapter 13 bankruptcy Bankruptcy Unsecured Debt Student Loans 98

Roths Child Law

MARCH 15, 2023

Especially when someone has a relatively successful career, the sudden loss of their job could put them at elevated risk of personal bankruptcy. Why do some people end up filing for bankruptcy after losing their jobs?

Bankruptcy 96

Bankruptcy Repossession Foreclosure Unsecured Debt 96

Credit Corp

MAY 30, 2023

A judgment is an order issued by a judge or jury to settle a lawsuit. In this case, the judge may order you to pay the other party as part of the court’s final judgment. The order can be issued in one of two forms: A monetary judgment: A judgment that orders one party to pay the other party a specific amount of money.

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Judgment Garnishment Creditors Law Firms 75

Account Recovery

AUGUST 20, 2024

Both sides moved for summary judgment, which were both denied. The defendant failed to present evidence it performed a bankruptcy search on the plaintiff’s records, the plaintiff claimed. The Background: Back in 2021, the plaintiff accused the defendant of violating the FDCPA. Learn More.

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Fair Debt Collection Bankruptcy Judgment Collections 130

Sawin & Shea

JANUARY 18, 2023

If you’re struggling with overwhelming debts, Chapter 7 bankruptcy could be your best option. Chapter 7 is the most common form of bankruptcy for individuals and families, and it allows you to discharge many of your unsecured debts within only a few months. What is Chapter 7 Bankruptcy?

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Chapter 7 bankruptcy Bankruptcy Chapter 13 bankruptcy Unsecured Debt 81

Jimerson Firm

FEBRUARY 11, 2022

A construction project to a screeching halt when a property owner files for bankruptcy, creating a serious risk of substantial losses for the contractor, as well as subcontractors and suppliers. What Happens When a Property Owner Files for Bankruptcy? The Impact of Bankruptcy on the Construction Contract. See 11 U.S.C. §

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Construction Bankruptcy Secured Creditor Debtor 98

Account Recovery

JANUARY 25, 2023

A bankruptcy court judge in Virginia has ordered a collection law firm to pay $25,000 in attorney’s fees to the plaintiffs for violating the discharge of a judgment through bankruptcy by sending a payoff letter to the plaintiffs after the plaintiff requested it. A copy of the ruling in the case of Skaggs v.

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Law Firms Collections Bankruptcy Judgment 130

Sawin & Shea

AUGUST 25, 2021

However, the requirements for Chapter 7 and Chapter 13 Bankruptcy are different, so we’ll discuss each of them separately. In Chapter 7 Bankruptcy , you file papers with the Bankruptcy Court asking for immediate protection from your creditors and ultimately for an elimination (discharge) of most debts. Is a vacation a luxury?

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Chapter 7 bankruptcy Bankruptcy Chapter 13 bankruptcy Creditors 80

Account Recovery

JANUARY 25, 2023

JUDGE AWARDS $25K IN SANCTIONS AGAINST COLLECTION LAW FIRM FOR ATTEMPTING TO COLLECT ON DISCHARGED DEBT A bankruptcy court judge in Virginia has ordered a collection law firm to pay $25,000 in attorney’s fees to the plaintiffs for violating the discharge of a judgment through bankruptcy by sending a payoff letter to the plaintiffs after … The (..)

Law Firms 130

Law Firms Collections Bankruptcy Judgment 130

Account Recovery

DECEMBER 21, 2023

A District Court judge in Ohio has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case because the plaintiff failed to disclose this suit when she filed for bankruptcy protection. […]

Fair Debt Collection 130

Fair Debt Collection Bankruptcy Judgment Collections 130

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! Chapter 7 Bankruptcy. Chapter 13 Bankruptcy.

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Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy Foreclosure 80

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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Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy Unsecured Debt 75

PBWT

DECEMBER 13, 2020

Cuker Interactive, LLC filed a Chapter 11 bankruptcy petition on December 13, 2018, in the United States Bankruptcy Court for the Southern District of California. 1998), wherein a Bankruptcy Appellate Panel likewise held that solvent debtors must pay postpetition interest to unsecured creditors at the federal judgment rate. [8]

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Unsecured Creditor Bankruptcy Debtor Creditors 65

Better Credit Blog

MAY 12, 2022

In my recent experience, it’s not hard to remove judgments from your credit report as long as you follow the proper steps. Many readers assume it’s impossible to have the credit bureaus remove civil judgments because they involve the court system. It’s still possible you could see a judgment pulling down your credit score.

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Judgment Creditors Debt collector Lawyers 71

Sawin & Shea

AUGUST 30, 2023

What is Bankruptcy? Bankruptcy is an opportunity for someone to forge their way through what seems like an impossible debt-ridden situation and come out the other side. Although businesses can also declare bankruptcy, we will focus on personal bankruptcy in this article. Which Debts Cannot be Discharged in Bankruptcy?

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Bankruptcy Chapter 13 bankruptcy Chapter 7 bankruptcy Unsecured Debt 52