Jimerson Firm

NOVEMBER 23, 2020

Self-Help Repossession: In Florida, a secured creditor may use self-help repossession to take possession of collateral, provided its efforts do not breach the peace. Florida case law provides that a breach of the peace occurs if the secured creditor enters the debtor’s land to repossess the collateral, without the debtor’s consent.

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FFGN COLLECT NY

JUNE 12, 2022

Are you or your collection attorney attempting debt collection efforts even though the debtor filed for bankruptcy? If so your collection attorney is exposing you, the law firm, and themselves to personal liability for a money judgment that could far exceed your claim. The debtor did not pay. Violating an Automatic Stay.

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Collections Law

APRIL 19, 2022

The process becomes even more problematic when your debtor is located in another state. Even if you do achieve a judgment in your own state, you have the added step of needing to domesticate the judgment in the debtor’s state. As an out-of-state creditor, you do have options for collecting a debt from a debtor in Massachusetts.

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UK debt collections

SEPTEMBER 2, 2021

Litigation comes secondary and can only be initiated after sufficient efforts have been made to recover your debtor’s unpaid dues (i.e. To speed up this process you may choose to hire an experienced French law firm. . Step 1: Your lawyer will send a formal demand letter to your debtor (‘la mise en demeure’).

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Jimerson Firm

JULY 1, 2020

Furthermore, in the event the collateral was pledged to multiple lenders, lenders will need to know how to discern whether their assignment of life insurance takes precedent over the collateral interest of a competing secured creditor. appeared first on Jimerson Birr Law Firm.

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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. The post SBA Loans: How to Maximize Recovery by Liquidating Real Property appeared first on Jimerson Birr Law Firm.

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PBWT

NOVEMBER 10, 2021

A federal judge recently allowed a trustee’s preferential transfer claim against a law firm to proceed but dismissed a constructive fraudulent transfer claim. The debtors had paid the law firm $90,000 in the 90 days before the chapter 11 filing. Insys Liquidation Trust v. 19-11292, Adv. 19-11292, Adv.

Bankruptcy 52

Bankruptcy Law Firms Debtor Construction 52

Consumer Financial Services Law

DECEMBER 21, 2016

The consumer filed suit against the creditor and its attorneys asserting the defendants violated sections 1692e and f by making further attempts to garnish wages which defendants knew were exempt and by making false representations in the objection as to its merits and as to its timeliness. Carney at * 12.

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FDCPA Defense

AUGUST 22, 2016

Courts apply the very pro-consumer “least sophisticated debtor” standard when evaluating a collector’s communications, and most violations of the Act are “strict liability” – meaning the debtor can win the case without proving the collector intended to violate the statute. Hollins Law Firm , _F.3d Hollins Law Firm , _F.3d

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Debtor Debt collector Law Firms Accrued Interest 40

Credit Corp

SEPTEMBER 12, 2023

If you have a lot of inaccurate collection accounts on your report, you might need help from a credit repair firm like Lexington Law Firm. You can also contact the original creditor to get this information. This escalation means the creditor may take further action to collect the debt.

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Collections Collection Agencies Collections Agency Credit Bureau 92

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.

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Collection Industry News

SEPTEMBER 8, 2020

Debt collection means requiring debtors to pay creditors outstanding due or overdue amount or property as obligated by a contract or by a decision of a competent State’s authority. 104/2007/ND – CP, which is prohibited under the Investment Law 2020, lawyers and law firms are able to practice debt collection as a professional field.

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Troutman Sanders

FEBRUARY 1, 2022

In doing so, it held that a collection letter, which indicated that the debtor could only dispute the underlying debt in writing, violated the FDCPA. The plaintiff, Jeffrey Almada, allegedly owed money to a homeowner’s association, which retained the defendant, the Krieger Law Firm, A.P.C. Krieger), to collect the debt.

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Debt collector Judgment Fair Debt Collection Debtor 59

Debt RR

APRIL 8, 2022

Your legal action as a plaintiff is filed in the appropriate court, setting the stage for a lawsuit that obtains financial compensation from the debtor, referred to as the defendant. The next step is to serve the commercial debtor with notice of the lawsuit in the form of the summons and complaint filed with the court.

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Debt Recovery Debtor Judgment Law Firms 70

Collection Industry News

DECEMBER 21, 2020

In January 2009, after a homeowner (“debtor”) fell behind on his homeowners’ association (HOA) dues, a law firm acting as a debt collector for the HOA sent notices to the debtor regarding the unpaid debt. The law firm filed a separate proof of claim for the HOA, and the debtor’s Chapter 13 plan was eventually confirmed.

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Bankruptcy Chapter 13 bankruptcy Law Firms Debtor 40

UK debt collections

DECEMBER 4, 2020

A Top 100 Law firm has warned of a possible tidal wave of insolvencies in Spring 2021 which risks paralysing the UK’s courts system. With so much creditor pressure built up in the system, careful thought must be given to lifting the current restrictions on winding up petitions to prevent the Courts being overwhelmed.”.

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Trade Government Creditors Law Firms 60

FFGN COLLECT NY

FEBRUARY 24, 2023

There are a lot of debt collection law firms and debt collection agencies available to choose from. Because these notices come from a law firm, you may see better results than you would with a debt collection agency. Another thing you’ll want to determine is the type of client a law firm represents.

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Lawyers Collections Law Firms Collection Agencies 52

Burr Forman

AUGUST 10, 2020

Honorees are selected through a process of law firm submissions, journalistic research and editorial vetting from a board of legal peers. Derek is the chair of the firm’s Creditors’ Rights and Bankruptcy practice group and a Fellow in the American College of Bankruptcy. Bankruptcy and Restructuring Lawyers.

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Jimerson Firm

AUGUST 7, 2020

A receiver’s power to “use or transfer receivership property other than in the ordinary course of business” is a new and important departure from the common law powers of a receiver to sell property before judgment. The post Overview of Florida’s New Uniform Commercial Real Estate Receivership Act appeared first on Jimerson Birr Law Firm.

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Debt Free Colorado

MARCH 3, 2023

Are My Creditors capable of appealing My Bankruptcy? Every case is unique, and every case merits the careful consideration of a law firm dedicated to providing specialized bankruptcy solutions. A case may be changed from a Chapter 13 filing to a Chapter 7 liquidation if the debtor doesn’t make payments on time.

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Bankruptcy Chapter 13 bankruptcy Credit Counselor Chapter 7 bankruptcy 52

Consumer Financial Services Law

MARCH 23, 2021

Specifically, the debtor took issue with a disclosure in the validation notice, which she attached to her complaint, that provided “[i]n making this demand we are relying entirely on information provided by our client.” The disclosure at issue placed the law firm in a somewhat awkward position. communication is from an attorney.”

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BN Lawyers

SEPTEMBER 15, 2023

Noah Fiedler was recognized for Ethics and Professional Responsibility Law by Best Lawyers®. Stephen Sather was recognized for Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law and Litigation – Bankruptcy by Best Lawyers®. for Best Law Firm for Bankruptcy Litigation in Austin, Texas.

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BN Lawyers

SEPTEMBER 15, 2023

Noah Fiedler was recognized for Ethics and Professional Responsibility Law by Best Lawyers®. Stephen Sather was recognized for Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law and Litigation – Bankruptcy by Best Lawyers®. for Best Law Firm for Bankruptcy Litigation in Austin, Texas.

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PBWT

JANUARY 23, 2022

There was also no evidence that the dealership had favored the charity over other creditors as it approached bankruptcy, a filing that was “sudden and unexpected.” Fortunately, the charity was able to secure sponsorship for the fireworks display in 2019 – from a local law firm. 11 U.S.C. § § 547(b).

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Bankruptcy Debtor Law Firms Creditors 52

The McHughes Law Firm

SEPTEMBER 13, 2016

If you wait too long to turn over a debt for collection, you risk the debtor going out of business, which can create further delays in the process. Moving Away : A business or individual may move out of state, making it more difficult to locate the debtor.

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Collections Law Firms Debtor Creditors 40

FDCPA Defense

MAY 11, 2017

When, if ever, should collection law firms include disclaimers on their collection letters, indicating that no attorney of the firm has reviewed the particular circumstances of the debtor’s file? What role, if any, should a creditor client play in setting standards for the attorneys who collect on its behalf?

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Law Firms Debtor Creditors Collections 40

Collection Industry News

FEBRUARY 25, 2022

Rodenburg Law Firm is available at: Link to Opinion. In Minnesota, a creditor may issue a garnishment summons to any third party “at any time after entry of a money judgment in [a] civil action.” Debtor brought suit under 15 U.S.C. Creditor appealed. A copy of the opinion in Ojogwu v. 1692c(a)(2) of the FDCPA.

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Garnishment Debtor Debt collector Judgment 40

Sawin & Shea

MARCH 7, 2023

When you file for Chapter 7 bankruptcy, the Court will place an automatic stay upon filing, which stops creditors from collecting payments, garnishing wages, or repossessing property. They will then determine what, if any, non-exempt property they can seize and will use the proceeds from that property to repay a percentage to your creditors.

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Chapter 7 bankruptcy Lawyers Bankruptcy Unsecured Debt 52

Debt Free Colorado

DECEMBER 30, 2023

Chapter 7 Bankruptcy In Chapter 7, where non-exempt assets may be liquidated to pay creditors , IRAs are often protected up to a specific limit. Federal bankruptcy law provides an exemption for IRAs up to $1,512,350 per individual, which is adjusted periodically to account for inflation. Will I Preserve My 401(k) Plan in Bankruptcy?

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Collections Law

JULY 1, 2020

You’ve tried everything in your power, but the debtor doesn’t respond or keeps making excuses to buy more time. A debtor who is unwilling to pay has to be pursued much more aggressively, and our diligent debt collection attorneys have the skills and knowledge to make this happen. The Law Offices of Alan M.

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Mechanic’s Liens Debt Recovery Collections Judgment 52

Collection Industry News

SEPTEMBER 29, 2020

Creditors will also benefit from the lower costs, quicker proceedings, and increased certainty about the outcome of the process, if at the expense of some leverage. Owners now have a way to keep their equity ownership even over the objection of creditors.

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Bankruptcy Creditors Debtor Lawyers 45

FFGN COLLECT NY

DECEMBER 9, 2020

The media has brought attention to debt collection firms that have failed to deliver proper notice of debt collection actions to debtors. The result of these investigations highlights the judgments entered without cause and disciplinary actions against the firms for failing to deliver solid service of the court documents.

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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? Your law firm is also named a defendant.

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Lawyers Creditor's Rights Law Firms Creditors 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

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Jimerson Firm

DECEMBER 30, 2020

The post How to Maximize Recovery on a SBA Loan by Negotiating a Workout Agreement appeared first on Jimerson Birr Law Firm. 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.

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Loans Collateral Lender Foreclosure 98

CICM

FEBRUARY 25, 2021

With fears that insolvencies are set to rise this year once Government support is withdrawn and businesses must ‘stand on their own two feet’, it is important to understand what options are available to creditors to maximise their recovery of undisputed debts. A creditor can present a petition when an undisputed debt remains unpaid.

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ABI

JANUARY 13, 2022

1] Subchapter V provides “an expedited process for small business debtors to reorganize quickly, inexpensively, and efficiently.” [2] 2] Under Subchapter V, an individual may be a debtor if they are a “person” with less than $7.5 5] After closing Wirecentric, Blue worked full-time at a law firm and was a freelance IT consultant. [6].

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