The Creditors Rights
MARCH 15, 2016
This section prohibits the granting of a chapter 13 discharge if the debtor received a chapter 7 discharge within four years prior to the commencement of his chapter 13 case. 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.
Jimerson Firm
NOVEMBER 23, 2020
Repossession efforts may be lawful, provided the debtor does not object, and the collateral is taken from unenclosed parts of the debtor’s property, such as the driveway. If a secured creditor breaches the peace, it may be liable to the debtor for damage done to the debtor or its premises during an unauthorized entry.
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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. However, the Court noted the term “fraud” had long been used by courts to describe a debtor’s transfer of assets which impairs a creditor’s ability to collect a debt.
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.
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.
Jimerson Firm
NOVEMBER 16, 2020
Florida courts have established a two-part test to determine if a secured creditor “breached the peace” within the meaning of Section 679.609(2)(b) of the Florida Statutes: “(1) whether there was entry by the creditor upon the debtor’s premises; and (2) whether the debtor or one acting on his behalf consented to the entry and repossession.”
Burr Forman
JANUARY 26, 2022
Much of his practice includes representing various interests in Chapter 11, pursuing claims of commercial lenders against the debtor, the collateral, and guarantors in bankruptcy, federal, state, and receivership courts. Houston IV was named in the Bankruptcy & Financial Restructuring, especially Litigation specialty.
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