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.

Creditor's Rights 52

Creditor's Rights Bankruptcy Secured debt Creditors 52

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.

Law Firms 52

Law Firms Legal Collections Creditors Creditor's Rights 52

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

Jimerson Firm

NOVEMBER 13, 2020

The court can also order a deficiency judgment against the debtor—that is, a money judgment—to the extent the foreclosure sale does not produce sufficient funds to pay the debt owed to lender on the SBA loan. However, foreclosures (particularly contested foreclosures) can be expensive and less efficient than other liquidation methods.

Loans 98

Loans Collateral Foreclosure Lender 98

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

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.

Bankruptcy 40

Bankruptcy Debtor Creditors Judgment 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

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.

Collections 40

Collections Judgment Enforcement Creditor's Rights Creditors 40

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. The BAP reversed.

Bankruptcy 40

Bankruptcy Debtor Creditors Collateral 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).

Debt collector 40

Debt collector Fair Debt Collection Bankruptcy Creditors 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.

Loans 96

Loans Lender Collateral Creditors 96

Financial Forensic Services

SEPTEMBER 19, 2021

The judgment debtor is free to walk out of court (if having bothered to show up) and go about life as the debtor sees fit. You walk out of court knowing you’re the winner, and your attorney really showed the bad guys who’s right. It’s still up to the judgment creditor and the retained team of experts to make that happen.

Judgment Enforcement 52

Judgment Enforcement Judgment Debtor Creditor's Rights 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.

Foreclosure 98

Foreclosure Lender Judgment Creditors 98

The Creditors Rights

JULY 5, 2016

In Opportunity Finance , the debtors were Petters Company, Inc. (“PCI”) 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. They were not creditors of the estates. Opportunity Finance, LLC et al v.

Lender 40

Lender Bankruptcy Creditors Collateral 40

The Creditors Rights

AUGUST 16, 2016

In short, the court held that the “free and clear” language of § 363(f) applies to claims that flow from the debtor’s ownership of the sold assets. The court also agreed with the bankruptcy court that Old GM could have easily identified the holders of these claims and could have provided them with actual notice of the proposed sale by mail.

Bankruptcy 40

Bankruptcy Debtor Creditor's Rights Creditors 40

The Creditors Rights

JUNE 7, 2016

In Lake Michigan Beach , the debtor was organized under the laws of the state of Michigan. If they don’t, a lack of the blocking director’s consent may not prevent the borrower from filing bankruptcy. This harsh lesson was learned by the lender in In re: Lake Michigan Beach Pottawattamie Resort, LLC , 547 B.R. 899 (Bankr.

Lender 40

Lender Bankruptcy Foreclosure Government 40

Jimerson Firm

JULY 30, 2020

Therefore, if the written guaranty limits the liability of the guarantor to a sum certain, unless otherwise set forth in the guaranty, the sum certain in the guaranty represents the guarantor’s aggregate liability and is not offset by the debtor’s payments to the creditor. Bryan, 384 So. 2d 1323, 1324 n.3

Lender 98

Lender Foreclosure Loans Banks 98

Jimerson Firm

DECEMBER 30, 2020

The borrower’s current financial information allows the lender or CDC to make prudent lending decisions regarding the feasibility and structure of the workout agreement. 3) a complete copy of the borrower’s personal federal income tax returns from the past two years, or a written explanation as to why a copy is not available.

Loans 98

Loans Collateral Lender Foreclosure 98