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

Burr Forman

SEPTEMBER 29, 2021

Future Stars: Erich Durlacher , Atlanta – Creditors’ Rights and Bankruptcy. For more than a century, Burr & Forman LLP’s experienced legal team has served clients at the intersection of business and government. John Coleman III , Birmingham – Labor and Employment. Marcel Debruge , Birmingham – Labor and Employment.

Lawyers 45

Lawyers Creditor's Rights Law Firms Bankruptcy 45

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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Foreclosure Lender Law Firms Collections 98

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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Creditor's Rights Creditors Government Trade 40

Burr Forman

JANUARY 7, 2022

He represents various financial institutions, creditors, landlords, and other parties in all aspects of loan modifications and restructuring, commercial foreclosures, enforcement of security interests and domestic and foreign judgments, Chapter 7 and 11 bankruptcies, and creditors’ rights litigation. About Burr & Forman LLP.

Bankruptcy 52

Bankruptcy Creditors Secured Creditor Manufacturing 52

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. Mark is a one of NARCA’s speakers on many of the creditor’s rights issues impacting NARCA members.

Subrogation 40

Subrogation Creditor's Rights Creditors Student loans 40

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.

Creditor's Rights 52

Creditor's Rights Bankruptcy Creditors Government 52

The Creditors Rights

JULY 19, 2016

The Eleventh Circuit recently held the Federal Rules of Bankruptcy Procedure, not the Federal Rules of Civil Procedure, govern adversary proceedings before the district courts. 1994), where the court stated “the Bankruptcy Rules govern non-core, ‘related to’ proceeding before a district court.”. Rosenberg v. 3d 619 (4 th Cir.

Bankruptcy 40

Bankruptcy Creditors Judgment Government 40

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.

Lender 40

Lender Bankruptcy Foreclosure Government 40

The Creditors Rights

SEPTEMBER 13, 2016

The court concluded such a provision violates public policy and is unenforceable, stating its conclusion in the strongest of terms: “A provision in a limited liability company governance document obtained by contract, the sole purpose and effect of which is to place into the hands of a single, minority equity holder the ultimate authority to eviscerate (..)

Bankruptcy 40

Bankruptcy Lender Debtor Creditors 40

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.

Construction 98

Construction Lender Loans Banks 98

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.

Judgment 86

Judgment Law Firms Creditor's Rights Loans 86

The Creditors Rights

MAY 24, 2016

BAP 2016), the Ninth Circuit BAP concluded that the fair and equitable standards for confirmation deal with treatment of an allowed claim post-confirmation, but that allowance of an oversecured claim is governed by § 506(b). The BAP held the bankruptcy court erred In using § 1129(b) to deny Wells Fargo default interest on its claim.

Bankruptcy 40

Bankruptcy Debtor Creditors Collateral 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

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

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.

Foreclosure 98

Foreclosure Construction Judgment Lender 98

ABI

FEBRUARY 26, 2025

[Title 11] does not affect any right of a creditor to offset a mutual debt owing by such creditor to the debtor that arose [pre-petition]. 1822(d) to be the statutory authorization for FDIC to establish pre-existing setoff rights by withholding payments from depositors to pay off their liabilities. [17]

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