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.

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Consumer Financial Services Law

JANUARY 26, 2017

While the work of understanding and gathering information on how a federal government agency (i.e. Eventually justice and truth will prevail as the pendulum of the powers of government swing back and centers itself. Mark is a one of NARCA’s speakers on many of the creditor’s rights issues impacting NARCA members.

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Burr Forman

NOVEMBER 19, 2021

Cicero, III joins the Creditors’ Rights & Bankruptcy practice group. For more than a century, Burr & Forman LLP’s experienced legal team has served clients at the intersection of business and government. Abby Blankenship joins the Corporate & Tax practice group. About Burr & Forman LLP.

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Consumer Financial Services Law

AUGUST 30, 2016

Just when you think all you had were government regulatory rules and regulations that may impact your bottom line, along comes the sleeper regulator of a generation of consumers with an aversion to credit and its risks. About the Author: Mark Dobosz currently serves as the Executive Director for NARCA – The National Creditors Bar Association.

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Subrogation Creditor's Rights Creditors Student loans 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.

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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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Jimerson Firm

DECEMBER 15, 2020

Receivership had previously been governed by common law principles. Although the Act governs the appointment of receivers after July 1, 2020, it is important to understand the common law purpose and considerations for the appointment of receivers. The Uniform Commercial Real Estate Receivership Act. My colleague, Ryan Maloney , Esq.

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The Creditors Rights

JUNE 7, 2016

The bankruptcy court denied the motion, finding the provisions in the amended Operating Agreement did not comply with applicable Michigan corporate governance law. The lender filed a motion to dismiss, contending the filing was not authorized.

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Jimerson Firm

FEBRUARY 15, 2021

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. In Florida, mortgage foreclosure lawsuits are filed in the county where the property is located.

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Jimerson Firm

SEPTEMBER 28, 2020

If a defendant cannot be located, then service may be effected by constructive service, i.e., service by publication, which is governed by Chapter 49, Florida Statutes. The defendants may be served by personal service or substituted service.

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Jimerson Firm

SEPTEMBER 22, 2020

This article explores Section 697.07, Florida Statutes, which governs the assignment of rents. Parts 1-3 of this series explored alternative pre-foreclosure loss mitigation options for lenders including acceleration and enforcement of personal guarantees. Assignment of Rents under Section 697.07, Florida Statutes.

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Jimerson Firm

JANUARY 17, 2023

It happens more than you would think—to both small, family-owned businesses, and even national corporations—when people come to an agreement regarding a business transaction, only to later find that one or both of the parties failed to sign the contract governing the relationship. Is the contract still enforceable?

Construction 52

Construction Creditor's Rights Government Commercial Collection 52

Jimerson Firm

FEBRUARY 18, 2021

Notices of commencement are governed by Fla. . § 713.13 , to ensure their mortgages maintain the intended priority over any potential later construction liens. Notices of Commencement Under Fla. 713.13 , which sets forth the requirements and form of the notice of commencement.

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Jimerson Firm

JULY 15, 2020

If a written lease agreement exists, the written lease agreement would govern the rights and obligations of the parties upon a breach of the lease agreement by the tenant. Nevertheless, the better practice may be for commercial landlords and property managers to always attempt to mitigate damages.

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Judgment Law Firms Creditor's Rights Loans 86