Burr Forman

SEPTEMBER 7, 2021

Weyman Carter – Bankruptcy & Creditors Rights. The Burr & Forman attorneys named among the “Legal Elite” list and their respective categories are: Adam Artigliere – Commercial Real Estate. Jennifer Blumenthal – Corporate Investigations. John Connell, Jr. Labor & Employment. Erik Doerring – Tax & Estate Planning.

Acquisition 59

Acquisition Creditor's Rights Lawyers Bankruptcy 59

Burr Forman

OCTOBER 15, 2021

Hanna is a partner in the firm’s Creditors’ Rights & Bankruptcy group. Her practice focuses on representing creditors and debtors, both in and out of court, on a variety of issues. Hanna helps clients enforce or restructure debt obligations, including through the bankruptcy process.

Creditor's Rights 52

Creditor's Rights Debtor Bankruptcy Creditors 52

Burr Forman

AUGUST 11, 2020

Weyman Carter – Banking and Finance; Bankruptcy and Creditors’ Right. Michael Weaver – Bankruptcy and Creditors’ Right. Adam Artigliere – Residential Real Estate; Commercial Real Estate. Pam Baker – Environmental. Jennifer Blumenthal – Banking and Finance. Michael Burns – Government. Liz Crum – Healthcare.

Acquisition 40

Acquisition Creditor's Rights Healthcare Bankruptcy 40

FDCPA Defense

APRIL 17, 2019

Although this scenario may sound far-fetched, it is an everyday occurrence for creditors’ rights attorneys, who have been targeted by “meaningful attorney involvement” lawsuits for years. If this can happen to creditors’ rights attorneys and their clients, might you and your clients be next? 1692, et seq. the “FDCPA”).

Lawyers 40

Lawyers Creditor's Rights Law Firms Creditors 40

Collection Industry News

OCTOBER 22, 2020

The Donald Kramer Award, named in honor of NCBA founder Don Kramer, is presented annually to an individual whose efforts have made a substantial and lasting impact for the benefit of the creditors’ rights community. National Creditors Bar Association is a nationwide bar association of over 550 creditors rights law firms and in?house

Law Firms 40

Law Firms Creditor's Rights Creditors Education 40

BN Lawyers

OCTOBER 23, 2020

Originally founded in 1993, the National Creditor Bar Association is dedicated to serving law firms engaged in the practice of creditors rights law. “Brit’s many professional skills and efforts have made our firm and this industry a better and more inclusive place to practice.”. About Barron & Newburger, P.C.

Law Firms 52

Law Firms Legal Collections Creditors Creditor's Rights 52

Collection Industry News

APRIL 8, 2021

He joins fellow credit practitioners, as well as the other board members, who represent all facets of the accounts receivable management arena: collection agency executives, creditors’ rights attorneys, business consultants, controllers, certified public accountants, industry trade group officers and chief financial officers.

Commercial Collection 52

Commercial Collection Collection Agencies Collections Agency Accounts Receivables Management 52

Consumer Financial Services Law

AUGUST 30, 2016

Professional firms in all industries saw a new “normal” come to life and creditors rights attorneys and their firms were no exception. Mark is a one of NARCA’s speakers on many of the creditor’s rights issues impacting NARCA members. NARCA's values are: Professional, Ethical, Responsible.

Subrogation 40

Subrogation Creditor's Rights Creditors Student loans 40

Burr Forman

SEPTEMBER 29, 2021

Future Stars: Erich Durlacher , Atlanta – Creditors’ Rights and Bankruptcy. John Coleman III , Birmingham – Labor and Employment. Marcel Debruge , Birmingham – Labor and Employment. Henrietta Golding , Myrtle Beach – Labor and Employment. About Benchmark Litigation.

Lawyers 45

Lawyers Creditor's Rights Law Firms Bankruptcy 45

Burr Forman

JANUARY 26, 2022

His experience focuses on commercial bankruptcy matters, including the representation of secured and unsecured creditors, committees, defendants in preference actions, corporate debtors, and parties involved in out-of-court restructurings and state and federal receiverships.

Lawyers 52

Lawyers Bankruptcy Unsecured Creditor Creditors 52

Consumer Financial Services Law

DECEMBER 29, 2016

He concentrates his practice in creditors' rights with an emphasis on debt collection, judgment enforcement, and commercial litigation. He is certified as a specialist in the field of Creditors' Rights Law by The American Board of Certification. Jerry is also a past President of the Commercial Law League of America.

Collections 40

Collections Judgment Enforcement Creditor's Rights Creditors 40

Burr Forman

OCTOBER 8, 2020

Erich Durlacher – Creditors’ Rights & Bankruptcy – Atlanta. Rik Tozzi – Financial Services Litigation, Insurance, International Arbitration, Securities Litigation, General Commercial Litigation, Competition/Antitrust, Professional Liability – Birmingham. Future Stars. Erik Doerring – Corporate and Tax – Columbia.

Creditor's Rights 40

Creditor's Rights Financial services Lawyers Bankruptcy 40

Burr Forman

JANUARY 7, 2022

He represents various financial institutions, creditors, landlords, and other parties in all aspects of loan modifications and restructuring, commercial foreclosures, enforcement of security interests and domestic and foreign judgments, Chapter 7 and 11 bankruptcies, and creditors’ rights litigation. About Burr & Forman LLP.

Bankruptcy 52

Bankruptcy Creditors Secured Creditor Manufacturing 52

Collection Industry News

JANUARY 31, 2023

CCA of A is the only association in which all agency members are certified; most for over four decades. The Association offers the superior certification program in the industry.

Commercial Collection 40

Commercial Collection Collection Agencies Collections Agency Collections 40

Burr Forman

NOVEMBER 19, 2021

Cicero, III joins the Creditors’ Rights & Bankruptcy practice group. Abby Blankenship joins the Corporate & Tax practice group. She earned her undergraduate degree from Huntington College and her law degree from the Samford University Cumberland School of Law.

Creditor's Rights 52

Creditor's Rights Bankruptcy Creditors Government 52

Consumer Financial Services Law

JANUARY 26, 2017

Mark is a one of NARCA’s speakers on many of the creditor’s rights issues impacting NARCA members. The National Creditors Bar Association (NARCA) is a trade association dedicated to creditors rights attorneys. NARCA's values are: Professional, Ethical, Responsible.

Creditor's Rights 40

Creditor's Rights Creditors Government Trade 40

Jimerson Firm

MARCH 12, 2021

In Florida, foreclosure actions must be brought in the county where the land is located. This is typically referred to as the “local action rule.” However, lenders often wonder where they should file the foreclosure action if the loan is secured by mortgaged land situated in different counties.

Foreclosure 98

Foreclosure Lender Collateral Loans 98

Jimerson Firm

FEBRUARY 18, 2021

However, there are important aspects of the Construction Lien Law that can directly affect the rights and obligations of lenders in numerous ways. Florida’s Construction Lien Law found in Chapter 713, Florida Statutes, may seem like an area of the law that is only relevant to contractors and property owners.

Construction 98

Construction Lender Loans Banks 98

Jimerson Firm

FEBRUARY 15, 2021

In Florida, mortgage foreclosure lawsuits are filed in the county where the property is located. Although Florida foreclosures are governed by Chapter 702 of the Florida Statutes , foreclosing lenders must also check the local rules of the court where the lawsuit is filed to make sure that they comply with any additional requirements.

Foreclosure 98

Foreclosure Judgment Lender Creditor's Rights 98

Jimerson Firm

JANUARY 28, 2021

When a lender obtains a final judgment of foreclosure from the court, the mortgaged property is sold at public auction and, if bought by someone other than the foreclosing lender, the proceeds are applied to the debt owed by the delinquent borrower. However, sometimes the sale proceeds are insufficient to satisfy the full amount of debt owed.

Foreclosure 98

Foreclosure Judgment Lender Banks 98

Jimerson Firm

DECEMBER 30, 2020

In the event a borrower is seriously delinquent on making payments under a SBA loan, or the SBA loan is classified in liquidation status, lenders and CDCs must develop a prudent and commercially reasonable strategy to maximize their recovery on the loan.

Loans 98

Loans Collateral Lender Foreclosure 98

Jimerson Firm

SEPTEMBER 28, 2020

A residential mortgage foreclosure action is initiated in Florida by filing a verified complaint with the appropriate court. All named defendants will need to be notified of the lawsuit by being served process with a copy of the complaint and a summons. The defendants may be served by personal service or substituted service.

Foreclosure 98

Foreclosure Construction Judgment Lender 98

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. This article explores Section 697.07, Florida Statutes, which governs the assignment of rents. Assignment of Rents under Section 697.07, Florida Statutes.

Foreclosure 98

Foreclosure Lender Law Firms Collections 98

Jimerson Firm

NOVEMBER 23, 2020

When a small business association (“SBA”) loan is converted to liquidation status, the lender must begin liquidating the collateral. Lenders must liquidate all personal property that has a Recoverable Value over $5,000.

Collateral 98

Collateral Loans Secured Creditor Lender 98

Jimerson Firm

DECEMBER 8, 2020

The Florida Supreme Court has published the proper form to use when seeking a final judgment of foreclosure: Form 1.996(a), Final Judgment of Foreclosure (8-18-20). Form 1.996(a) is incorporated in the Florida Rules of Civil Procedure under Rule 1.900.

Foreclosure 98

Foreclosure Judgment Law Firms Creditor's Rights 98

Jimerson Firm

NOVEMBER 13, 2020

When a small business association (“SBA”) loan is converted to liquidation status, the lender must begin liquidating the collateral. If the collateral is real property, the lender must liquidate all parcels of real property that has a Recoverable Value over $10,000.

Loans 98

Loans Collateral Foreclosure Lender 98

Jimerson Firm

DECEMBER 15, 2020

As discussed in parts 1-4 of this series, lenders have several options prior to instituting a commercial foreclosure action. Additionally, as briefly discussed in part 5 of this series, during the foreclosure action, lenders have options to try to preserve the value of the underlying collateral and to minimize further losses.

Foreclosure 98

Foreclosure Lender Banks Collateral 98

Jimerson Firm

OCTOBER 9, 2020

In 2010, the Florida Supreme Court approved an amendment to the Florida Rules of Civil Procedure regarding mortgage foreclosures and enacted new forms, such as Form 1.996(b), Motion to Cancel and Reschedule Foreclosure Sale. In 2014, the Florida Supreme Court renumbered this form to the current Form 1.996(c) (2019).

Foreclosure 98

Foreclosure Judgment Law Firms Bankruptcy 98

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.

Foreclosure 98

Foreclosure Lender Judgment Creditors 98

Jimerson Firm

JULY 30, 2020

In reviewing a loan file after a default by a borrower, lenders should evaluate whether the loan includes an acceleration clause and whether the loan is secured by any personal guaranties.

Lender 98

Lender Foreclosure Loans Banks 98

Jimerson Firm

JANUARY 27, 2021

If the borrower is unable to pay the full amount owed on an SBA loan after all of the collateral has been liquidated, the borrower may submit an “offer in compromise.” An offer in comprise allows borrowers to settle their debt on the SBA loan for less than the full amount owed.

Loans 96

Loans Lender Collateral Creditors 96

Jimerson Firm

FEBRUARY 3, 2021

In Florida, lenders may find themselves foreclosing on real property with a mobile home attached to the land. Initially, a mobile home is considered personal property (like a vehicle) and is titled by the Department of Motor Vehicles. However, a mobile home may be “retired” to the real property and become part of the real property.

Foreclosure 96

Foreclosure Collateral Lender Repossession 96

Jimerson Firm

AUGUST 24, 2020

Since 2013, residential foreclosure actions in Florida have been significantly shortened—from over two (2) years to possibly less than six (6) months—because of the new “fast-track” process provided in section 702.10, Florida Statutes.

Foreclosure 96

Foreclosure Judgment Law Firms Creditor's Rights 96

Jimerson Firm

OCTOBER 22, 2020

Sometimes, foreclosure of a commercial property is the only option available to lenders and servicers to limit losses as a result of defaults on hotel and restaurant mortgages. Parts 1-4 of this series discussed pre-foreclosure options available to lenders dealing with hotel/restaurant mortgage defaults.

Foreclosure 94

Foreclosure Lender Judgment Collateral 94

Collection Industry News

JANUARY 10, 2022

Commercial Collection Agencies of America is an organization of commercial collection agencies, creditors’ rights attorneys and law list publishers.

Commercial Collection 40

Commercial Collection Collection Agencies Collections Agency Collections 40

Jimerson Firm

JANUARY 14, 2021

The first half of this series evaluated options available to lenders prior to instituting a commercial foreclosure action. The second-half of this series has evaluated available options to lenders during the pendency of the foreclosure action.

Foreclosure 90

Foreclosure Lender Judgment Law Firms 90

Collection Industry News

DECEMBER 21, 2020

Commercial Collection Agencies of America is an organization of commercial collection agencies, creditors’ rights attorneys and law list publishers, many of whom have been certified for over four decades. About Commercial Collection Agencies of America.

Commercial Collection 40

Commercial Collection Collection Agencies Collections Agency Collections 40