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. The Court further noted that fraudulent conveyances at common law did not require a misrepresentation by a debtor to his creditor.

Creditors 40

Creditors Debtor Bankruptcy Manufacturing 40

Jimerson Firm

AUGUST 7, 2020

While the traditional common law grounds for the appointment of a receiver remain, the Act also offers additional grounds and provides lenders with valuable options to protect their interests in the commercial property, including the right of receivership after judgment. 714.14, Fla. Conclusion.

Foreclosure 98

Foreclosure Lender Judgment Creditors 98

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. Short Sale.

Loans 98

Loans Collateral Foreclosure Lender 98

Jimerson Firm

JULY 30, 2020

1st DCA 1992) (providing that where the borrower filed for bankruptcy after a default judgment of foreclosure, the lender was able to sever its claim for enforcement of the personal guaranty and pursue the personal guarantor). See, e.g. , Guirlinger v. Goldome Realty Credit Corp., 2d 1135, 1136 (Fla. This prevents a double recovery.

Lender 98

Lender Foreclosure Loans Banks 98

Financial Forensic Services

SEPTEMBER 19, 2021

History of the Judgment Enforcement Problem. 80 percent of the civil money judgments in the United States are never collected. Note: when drafting the judgment language for the judge’s signature, many attorneys stop with “legal fees.” when you win, the court awards you the money judgment and the defendant has to pay.

Judgment Enforcement 52

Judgment Enforcement Judgment Debtor Creditor's Rights 52

The Creditors Rights

AUGUST 30, 2016

Ronald Neff was a dentist against whom his patient, Douglas DeNoce, obtained a judgment for malpractice. The bankruptcy court granted Neff a summary judgment on the complaint, and DeNoce appealed, contending the one-year period in the statute is subject to equitable tolling based on Neff’s first two bankruptcy cases. 3d 1009 (9 th Cir.

Bankruptcy 40

Bankruptcy Debtor Creditors Judgment 40

Consumer Financial Services Law

DECEMBER 29, 2016

These notices, such as the proposed Statement of Rights, make it appear that the collection attorney is providing legal advice to the consumer. Such advice would violate the Rules of Professional Conduct, since the attorney for the creditor may not also provide legal advice to the debtor.

Collections 40

Collections Judgment Enforcement Creditor's Rights Creditors 40