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What Are Creditors’ Rights During Insolvency Proceedings?

Hudson Weir

If your business is struggling to pay its debts when they fall due, its important to keep in mind what are creditors rights during insolvency proceedings? As a director of an insolvent company, your overriding duty moves from maximising profits for the owners to preventing further losses, with creditors repayments in mind.

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As Chapter 11 Bankruptcy Filings Surge, Here’s What Creditors Need to Know to Protect and Enforce Their Rights

Fraser

Creditors of a bankrupt company must be aware of the various deadlines and procedures that govern the chapter 11 process in order to protect and enforce their rights. For creditors to maximize their recoveries, they must stay informed and take action during a bankruptcy proceeding. First Day” Motions. Proof-of-Claim Bar Date.

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Florida Bankruptcy Court Sanctions Debt Buyer for Seeking to Collect Debt that Consumer Failed to Schedule in Bankruptcy Case

Troutman Sanders

She listed 45 unsecured creditors in her schedules of assets and liabilities, including the $7,400 credit card debt at issue. However, testimony later showed that the entity listed as holding the debt, Direct Merchants Bank, was not the actual creditor but rather a registered trademark owned by Metris Companies.

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Chapter 13 Bankruptcy and Student Loans

Sawin & Shea

A trustee will be assigned to your case to collect payments and make recommendations to the court regarding plan approval. This stay prohibits creditors, including your student loan lenders, from contacting you to collect any debts. What Are the Benefits of Filing for Chapter 13 Bankruptcy?

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HMRC facing £65bn Debt Collection challenge

UK debt collections

The HMRC is now facing its biggest debt collection challenge in history. An estimated £26.6bn of that debt is sufficiently in arrears to allow it to be subject to immediate HMRC debt collection action. One way to do this would be to use its HMRC debt collection teams to pursue outstanding tax payments.

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Failed Private School was owed £51k in Unpaid School Fees

UK debt collections

The church run Ockbrook School owed creditors more than £2 million pounds when it was forced to closes its doors due to financial issues this summer. The School has over 140 creditors listed and administrators have warned they may never get what they are owed. But money for unsecured creditors, who are owed £2.28

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$225,000 Punitive Damages Award Upheld Where Creditor Repeatedly Contacted Customer After Being Notified of Attorney Representation

Troutman Sanders

Ultimately, the plaintiff filed for chapter 7 bankruptcy protection, listed the defendant as an unsecured creditor, and obtained a discharge of her debt. After receiving notice of representation, the defendant sent five billing notifications to the plaintiff and made six telephone calls attempting to collect on the $5 monthly payment.