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. About Burr & Forman LLP.

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The Creditors Rights

JUNE 21, 2016

Section 523(a)(2)(A) of the Bankruptcy Code allows a creditor to obtain a judgment denying its debtor a discharge of debts incurred by false pretenses or actual fraud. Husky sued Ritz under a Texas statute which allows creditors to hold shareholders responsible for corporate debts under circumstances involving actual fraud.

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Creditors Debtor Bankruptcy Manufacturing 40

Burr Forman

OCTOBER 30, 2020

Anna is an associate in the Birmingham office where she practices in the firm’s Creditors’ Rights and Bankruptcy group. At Burr, Anna represents both creditors and debtors to enforce or restructure debt obligations. Those who are named to BBJ’s “Rising Stars of Law” are recognized as up-and-coming attorneys under the age of 40.

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Creditor's Rights Bankruptcy Secured debt Creditors 52

Burr Forman

JANUARY 26, 2022

In addition, he serves as the Atlanta Office Managing Partner while practicing in the firm’s Creditors’ Rights and Bankruptcy and Lending Practice Groups. Hall was named in the Bankruptcy & Creditors’ Rights, including Litigation specialty.

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Lawyers Bankruptcy Unsecured Creditor Creditors 52

Collection Industry News

OCTOBER 22, 2020

UNIVERSITY PARK, FL] National Creditors Bar Association (NCBA) presented its 2020 awards and scholarships this week at the NCBA 2020 Executive Experience event in Phoenix, Arizona. Outstanding SCBA Award: Michigan Creditors Bar Association. NCBA presented the 2020 Outstanding SCBA Award to the Michigan Creditors Bar Association (MCBA).

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Law Firms Creditor's Rights Creditors Education 40

Jimerson Firm

NOVEMBER 23, 2020

Self-Help Repossession: In Florida, a secured creditor may use self-help repossession to take possession of collateral, provided its efforts do not breach the peace. Florida case law provides that a breach of the peace occurs if the secured creditor enters the debtor’s land to repossess the collateral, without the debtor’s consent.

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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.

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Acquisition Creditor's Rights Healthcare Bankruptcy 40

The Creditors Rights

MARCH 15, 2016

The creditor in Blendheim was HSBC Bank, which held a deed of trust lien on the debtors’ home. The Ninth Circuit in In the Matter of Blendheim , 803 F.3d 3d 477 (9 th Cir. 2015) held a chapter 20 debtor may in his chapter 13 case avoid a lien under § 506(d) even if § 1328(f) precludes him from receiving a discharge.

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Debtor Secured Creditor Creditors Bankruptcy 40

BN Lawyers

OCTOBER 23, 2020

Brit Suttell wins the National Creditors Bar Association Donald Kramer Award for efforts on behalf of Credit and Legal Collections Industry. AUSTIN, TEXAS, USA, October 23, 2020 / EINPresswire.com / — Brit Suttell has been awarded the National Creditor’s Bar Association’s Donald Kramer Award. About Barron & Newburger, P.C.

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Law Firms Legal Collections Creditors Creditor's Rights 52

Public Citizen

FEBRUARY 16, 2021

Our core finding is that the Education Department adopts a creditors-rights framework for student loan repayment, which is inapposite for student loans because borrowers have unique, federal rights that are unavailable in market credit transactions.

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Student loans Student Loans Loans Creditor's Rights 67

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

JANUARY 7, 2022

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

Bankruptcy 52

Bankruptcy Creditors Secured Creditor Manufacturing 52

Sawin & Shea

NOVEMBER 15, 2023

If a debtor has assets that are not protected under those statutes, the trustee can liquidate those items and use the proceeds to pay creditors back something. This is a voluntary agreement between a secured creditor and the debtor that re-obligates the debtor on the secured debt.

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Unsecured Debt Chapter 7 bankruptcy Collateral Bankruptcy 52

NACM

DECEMBER 23, 2022

? On today's episode of the Extra Credit #podcast, we take a look at how Subchapter V bankruptcy filings dilute a creditor's rights.? Hear advice from the experts, Jason Torf and Lynnette Warman!

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Creditors Creditor's Rights Bankruptcy 5

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”).

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Lawyers Creditor's Rights Law Firms Creditors 40

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.

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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.

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Lawyers Creditor's Rights Law Firms Bankruptcy 45

Collection Industry News

JANUARY 10, 2022

Humberto Matz of Creditors Adjustment Bureau, Tom Claybaugh of Mountain States Commercial Credit Management, Inc., Commercial Collection Agencies of America is an organization of commercial collection agencies, creditors’ rights attorneys and law list publishers. David Herer of ABC-Amega, Inc.,

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Commercial Collection Collection Agencies Collections Agency Collections 40

The Creditors Rights

AUGUST 2, 2016

However, the court agreed it left unanswered in Crawford an additional question: whether the Bankruptcy Code preempts the FDCPA when creditors misbehave in bankruptcy. The court further noted that a “right to payment” under the Bankruptcy Code “is nothing more or less than an enforceable obligation.” Travelers Cas. & 443 (2007).

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Debt collector Fair Debt Collection Bankruptcy Creditors 40

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

Jimerson Firm

NOVEMBER 13, 2020

draft settlement statement. satisfactory arrangements must have been made for payment of the SBA loan balance that will remain after receipt of the sale proceeds, unless the release is part of a compromise agreement.

Loans 98

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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.

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Creditor's Rights Financial services Lawyers Bankruptcy 40

Jimerson Firm

JANUARY 27, 2021

5) The borrower’s proposed treatment of the SBA loan must be fair and equitable in comparison to the treatment to be received by the borrower’s other creditors. 5) The borrower’s proposed treatment of the SBA loan must be fair and equitable in comparison to the treatment to be received by the borrower’s other creditors.

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Loans Lender Collateral Creditors 96

The Creditors Rights

JULY 19, 2016

The facts in Roxenberg arose from the dismissal of an involuntary bankruptcy petition, followed by the debtor’s filing an adversary proceeding against the petitioning creditors seeking compensatory and punitive damages as well as attorney’s fees incurred in defending the involuntary petition and in prosecuting the adversary proceeding.

Bankruptcy 40

Bankruptcy Creditors Judgment Government 40

Consumer Financial Services Law

DECEMBER 29, 2016

I was one of four attorney members of the National Creditors Bar Association in attendance. Lastly, all groups encouraged the Bureau to publish the rules for creditors at the same time as the rules for the third party collectors. We were joined by representatives from the American Collectors Association and the Debt Buyers Association.

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The Creditors Rights

SEPTEMBER 13, 2016

In an important decision for debtors and creditors alike, the United States Bankruptcy Court for the District of Delaware has ruled that provisions in a limited liability company operating agreement, granting the company’s lender absolute power to prevent the company from filing a bankruptcy petition are unenforceable as against public policy.

Bankruptcy 40

Bankruptcy Lender Debtor Creditors 40

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. About the Author: Mark Dobosz currently serves as the Executive Director for NARCA – The National Creditors Bar Association. NARCA's values are: Professional, Ethical, Responsible.

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Subrogation Creditor's Rights Creditors Student Loans 40

The Creditors Rights

AUGUST 30, 2016

DeNoce filed an adversary proceeding, seeking the denial of Neff’s discharge under § 727(a)(2) of the Bankruptcy Code, asserting the transfer of the condominium was made with intent to hinder, delay or defraud creditors. SEC (In re Sherman) , 658 F.3d 3d 1009 (9 th Cir.

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Bankruptcy Debtor Creditors Judgment 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.

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Creditor's Rights Bankruptcy Creditors Government 52

Jimerson Firm

AUGUST 7, 2020

The receiver will also be required to post with the court a bond that is conditioned on the faithful discharge of the receiver’s duties, is issued by one or more sureties approved by the court, is in an amount specified by the court, and is effective as of the date of the receiver’s appointment. Make a distribution of receivership property.

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Foreclosure Lender Judgment Creditors 98

The Creditors Rights

MAY 24, 2016

The Ninth Circuit BAP recently discussed on appeal the issue of whether a bankruptcy court may use the “fair and equitable” standard for confirmation in § 1129(b) to deny an oversecured creditor default interest on its claim to which it would otherwise be entitled under § 506(b). In Wells Fargo Bank, N.A. 819 (9 th Cir.

Bankruptcy 40

Bankruptcy Debtor Creditors Collateral 40

The Creditors Rights

JULY 5, 2016

Each lender was a net winner of the Ponzi scheme and, therefore, not a creditor of the bankruptcy estate of its specific SPE when the bankruptcy filings occurred. To meet this standard, the order must diminish the person’s property, increase his burdens or impair his rights. They were not creditors of the estates.

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Lender Bankruptcy Creditors Collateral 40

Consumer Financial Services Law

JANUARY 26, 2017

Sun Tzu About the Author: Mark Dobosz currently serves as the Executive Director for NARCA – The National Creditors Bar Association. 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.

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Creditor's Rights Creditors Government Trade 40

Collection Industry News

DECEMBER 16, 2021

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. Stillman Foundation Ronald McDonald House – Atlanta and the American Diabetes Association. certification program in the industry.

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Commercial Collection Collection Agencies Collections Agency Collections 40

FDCPA Defense

JANUARY 8, 2020

If a law firm sends a letter seeking to collect the correct amount, from the correct consumer, on behalf of the correct creditor, can the consumer still sue, claiming the firm violated the FDCPA because no attorney was “meaningfully involved” in preparing the letter? The Sixth Circuit recently held the answer is “no” in Buchholz v.

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Law Firms Creditors Creditor's Rights Collections 40

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.

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Commercial Collection Collection Agencies Collections Agency Collections 40

Financial Forensic Services

SEPTEMBER 19, 2021

It’s still up to the judgment creditor and the retained team of experts to make that happen. It takes a team made up of the right professionals for each unique case and its specific facts. Neither successful forensic research nor great legal work will succeed alone.

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