Jimerson Firm

DECEMBER 29, 2023

When a debtor files for bankruptcy, a creditor may be able to seek dismissal of the bankruptcy if the petition was filed in bad faith. This article will provide an overview of the options available to a creditor if a debtor with primarily consumer debts files for Chapter 7 bankruptcy. What is a Bad Faith Filing in Bankruptcy?

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Chapter 7 bankruptcy Debtor Bankruptcy Creditors 59

Jimerson Firm

NOVEMBER 20, 2023

This article seeks to explore whether sending an email to a debtor after 9pm and before 8am violates the FCCPA. 17) prohibits contacting a debtor between the hours of 9pm and 8am. In collecting consumer debts, no person shall: (17) Communicate with the debtor between the hours of 9 p.m. Section 559.72(17), Section 559.72(17)

Debtor 59

Debtor Construction Consumer Collections Lawyers 59

Troutman Sanders

MAY 23, 2023

On May 18, the House Financial Services Committee Subcommittee on Digital Assets, Financial Technology, and Inclusion hosted a hearing, titled “‘Stable’ in ‘Stablecoins’: How Legislation Will Help Stablecoins Achieve Their Promise.” For more information, click here. The law will take effect July 1.

Financial services 52

Financial services Banks Debtor Education 52

Jimerson Firm

DECEMBER 27, 2023

When a debtor files for bankruptcy, a creditor may be able to seek dismissal of the bankruptcy if the petition was filed in bad faith. This article will provide an overview of the options available to a creditor if a debtor with primarily business debts files for Chapter 7 bankruptcy. What is a Bad Faith Filing in Bankruptcy?

Debtor 59

Debtor Bankruptcy Chapter 7 bankruptcy Creditors 59

Fico Collections

DECEMBER 20, 2021

It’s the time of year for predictions, and with the insights gained from 2021, I am ready to offer a few public policy forecasts for those in the financial services industry. Preferred Collection and Management Services, Inc. Open Banking Begins to Take Off in the U.S. with New Rules Promulgated by the CFPB.

Financial services 52

Financial services Debt collector Banks Fair Debt Collection 52

PDC Flow

FEBRUARY 27, 2025

Call baiting is when the debtor attempts to trick you into breaking a law. They [call baiters] want to engender some kind of litigation or legal claim, says Kaminski, Partner at Carlson & Messer LLP, and Chair of the Financial Services and Class Action Group. But what are they baiting the agent to do?

Collections 52

Collections Debt collector Debtor Fair Debt Collection 52

Troutman Sanders

OCTOBER 16, 2023

The bill amends existing law allowing a judgment creditor to apply for an order requiring the judgment debtor to appear before the court and provide information to aid in the enforcement of a money judgment. For more information, click here. On October 8, AB1119 was signed by Newsom. For more information, click here.

Financial services 52

Financial services Student loans Student Loans Credit Unions 52

Troutman Sanders

JUNE 21, 2023

On June 14, CFPB Director Rohit Chopra issued an opening statement before the House Committee on Financial Services, which included an update as to the CFPB’s mandated objectives and alerts for “shocks to the system that might unsettle household financial stability.” For more information, click here.

Financial services 52

Financial services Collection Agencies Collections Agency Trade 52

Burr Forman

AUGUST 19, 2021

Erich Durlacher – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. David Elliott – Banking and Finance Law, Commercial Litigation, Financial Services Regulation Law, Litigation – Banking and Finance. Clarke – Real Estate Law. Elizabeth Davis – Environmental Law. Devin Dolive – Commercial Litigation.

Lawyers 105

Lawyers Construction Acquisition Bankruptcy 105

FFGN COLLECT NY

OCTOBER 20, 2021

Benefits payable to companies were not exempt and, as of October 2021, may still be restrained by a judgment creditor enforcing a judgment in New York against a commercial debtor. The New York Department of Financial Services recently increased the amount exempt from judgment enforcement on individual accounts to $3,000.00.

Judgment Enforcement 98

Judgment Enforcement Judgment Debtor Creditors 98

Troutman Sanders

OCTOBER 19, 2021

On October 26, the Nevada’s Financial Institutions Division is holding a workshop on regulations pertaining to medical debt collections and S.B. For more information, click here. On October 8, New York Governor Kathy Hochul signed Senate Bill S737A into law.

Financial services 52

Financial services Student loans Student Loans Debt collector 52

Jimerson Firm

APRIL 9, 2024

When a court enters a civil money judgment, it creates a judgment debtor and a judgment creditor. If the judgment debtor fails or refuses to pay the amount of the judgment, the judgment creditor may elect to use statutory collection methods to partially or fully satisfy the judgment. These exemptions are addressed below in turn.

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Judgment Debtor Creditors Collections 105

Troutman Sanders

MARCH 29, 2021

As such, initiating communication with a debtor is prohibited while the emergency remains in effect and for 60 days thereafter. For more information, click here. On March 22, Washington D.C. Mayor Muriel Bowser extended the district’s state of emergency through May 20. For more information, click here.

Financial services 52

Financial services Fair Debt Collection Foreclosure Lender 52

Jimerson Firm

DECEMBER 10, 2021

Many secured creditors and equipment leasing companies have encountered defaulted debts, where the debtors and lessees retain possession of the collateral, including cars, boats, machinery, or other equipment. Self-help asset recovery is more commonly known as repossession. Replevin. Security Underwriting Consultants, Inc. 2d 752 (Fla.

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Secured Creditor Repossession Collateral Creditors 98

Jimerson Firm

FEBRUARY 10, 2022

Generally, if debtors owe a debt to a lender, and the lender cancels or forgives that debt for less than its full amount, the debtor is treated for income tax purposes as having income and may have to pay tax on this income by virtue of a 1099-C filing from the lender. 1099-C Issuance. 684, 689 (Bankr.W.D.Pa.2009)

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Lender Credit Unions Credit Unions Collections 98

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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Collateral Loans Secured Creditor Lender 98

PBWT

JANUARY 30, 2023

The concept of “property of the estate” is important in bankruptcy because it determines what property can be used or distributed for the benefit of the debtor’s creditors. The Debtors filed for bankruptcy in July 2022, at which point there were approximately 60,000 such Earn Accounts. See 11 U.S.C. § § 541.

Bankruptcy 65

Bankruptcy Debtor Unsecured Creditor Creditors 65

Nexa Collect

NOVEMBER 26, 2022

The GLB Privacy Rule only applies to nonpublic personal information (NPI), including (Debtor) Name, Address, Income, Social Security number. The GLBA covers any institutions that provide financial services, including : Handling loans. Providing financial advising. Handling savings. Exchanging or transferring funds.

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Collection Agencies Collections Agency Financial Institution Collections 130

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.”

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Secured Creditor Collateral Repossession Creditors 69

FFGN COLLECT NY

DECEMBER 10, 2023

And yet, this is among the financial services sectors that are not as digitized as others. Big data analytics make segregating data seamless and developing a potent strategy to treat each debtor ethically. It makes it easier for debt collectors and businesses working with New York attorneys to communicate with debtors.

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Collections Debtor Debt collector Financial services 52

Jimerson Firm

NOVEMBER 8, 2023

Generally, when a creditor obtains a judgment in another state, and the judgment debtor is located in the State of Florida, or assets the judgment creditor wants to obtain are located in Florida, the judgment creditor must “domesticate” the judgment in Florida. However, such burden would be on the judgment debtor. 55.505, Fla.

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Judgment Debtor Garnishment Creditors 59

Jimerson Firm

NOVEMBER 27, 2023

If the debtor consents and no one otherwise objects, a secured party may accept the collateral in full or partial satisfaction of the obligation. A debtor is deemed to consent to the acceptance of collateral in partial satisfaction of the obligation if the debtor agrees to the terms of acceptance in a record authenticated after the default.

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Secured Creditor Collateral Creditors Debtor 59

Jimerson Firm

FEBRUARY 22, 2024

As such, whether the consumer lawyer intends to pursue the class or not, this is seen as a tactic to increase settlement value for the debtor, even if the settlement is only on an individual basis. These lawsuits are typically based upon an allegedly improper 3-day notice sent to a tenant/debtor. 18), Florida Statutes.

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Debtor Lawyers Consumer Collections Legal Rights 59

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. However, foreclosures (particularly contested foreclosures) can be expensive and less efficient than other liquidation methods.

Loans 98

Loans Collateral Foreclosure Lender 98

BN Lawyers

OCTOBER 23, 2020

s Consumer Financial Service Law Practice Group. Our firm is very proud of Brit’s efforts on behalf of an organization that we have supported since its inception” explained Manuel Newburger, a shareholder and the leader of the firm’s Consumer Financial Services Law Practice Group. Barron & Newburger, P.C.

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Law Firms Legal Collections Creditors Creditor's Rights 52

On Guard

MAY 31, 2023

Have you been curious about how debtor statuses like credit limits appear based on filter options within an administration? APIs can also extend the life cycle of existing services and platforms by connecting the functionality of a new platform to a legacy service, creating new functionality and forward compatibility.

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Retrieval Credit Management Financial services Debtor 52

On Guard

JANUARY 5, 2023

Have you been curious about how debtor statuses like credit limits appear based on filter options within an administration? APIs can also extend the life cycle of existing services and platforms by connecting the functionality of a new platform to a legacy service, creating new functionality and forward compatibility.

Retrieval 52

Retrieval Credit Management Financial services Debtor 52

Troutman Sanders

APRIL 6, 2023

In a significant boost to the financial services industry, Utah has taken major steps to streamline its debt collection bureaucracy — including the removal of criminal penalties for failure to comply with technical requirements. As a consequence of the repeal, such lawsuits may no longer be viable in Utah.

Collection Agencies 52

Collection Agencies Collections Agency Collections Debt collector 52

Burr Forman

AUGUST 20, 2020

Erich Durlacher – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. David Elliott – Commercial Litigation, Financial Services Regulation Law, Litigation – Banking and Finance. William Hereford – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Litigation – Real Estate.

Lawyers 40

Lawyers Construction Acquisition Bankruptcy 40

Burr Forman

AUGUST 20, 2020

Erich Durlacher – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. David Elliott – Commercial Litigation, Financial Services Regulation Law, Litigation – Banking and Finance. William Hereford – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Litigation – Real Estate.

Lawyers 40

Lawyers Construction Acquisition Bankruptcy 40

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.” Landon Van Winkle is an attorney in Smith Debnam's Consumer Financial Services Litigation and Compliance Group.

Law Firms 40

Law Firms Debtor Judgment Debt collector 40

Troutman Sanders

NOVEMBER 1, 2021

LTD Financial Services, L.P. , Because they reflected an outcome that could come to pass, they could not be viewed as “false and misleading” even to the least sophisticated debtor. In Bordeaux v. 2:16-0243 (KSH) (CLW) (D.N.J

Debt settlement 52

Debt settlement Fair Debt Collection Judgment Financial services 52

Consumer Financial Services Law

JULY 21, 2021

The bankruptcy court order held mortgage servicer Newrez, LLC (“Newrez”) and the holder of the mortgage note at issue in civil contempt for failing to abide by the terms of the individual debtors’ confirmed chapter 11 plan (the “Plan”). Newrez, LLC v. Beckhart , No. 7:20-cv-00192-BO, 2021 U.S. LEXIS 125293, at *1 (E.D.N.C.

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Bankruptcy Debtor Creditors Loans 40

FFGN COLLECT NY

JANUARY 10, 2024

Hochul made it clear that the state will assist consumers in New York by adding greater consumer protections—a plan that will affect creditors and debtors alike. More specifically, the Department of Financial Services will crack down on the “buy now, pay later” industry.

Garnishment 52

Garnishment Collections Debt collector Student loans 52

Consumer Financial Services Law

JANUARY 22, 2021

Background The case arose from four separate chapter 13 bankruptcy cases in which the debtors sought to regain possession of their vehicles from the City of Chicago, which had seized and impounded the vehicles prepetition due to unpaid parking tickets and similar traffic fines. The case, City of Chicago v. Fulton, No. 11 U.S.C. § 11 U.S.C. §

Bankruptcy 40

Bankruptcy Chapter 13 bankruptcy Construction Debtor 40

Jimerson Firm

AUGUST 12, 2021

Ultimately, regardless of the substantive impact Florida’s adoption of the new summary judgment rule has on litigation or a court’s finding of fact, the new summary judgment standard will have a large impact on debtor default cases.

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Judgment Lender Loans Debtor 98

Consumer Financial Services Law

SEPTEMBER 27, 2016

In Presswood , the Chapter 7 debtor, a sole proprietor, received two prepetition faxes which he alleged violated the TCPA. Three years after filing a Chapter 7 bankruptcy, the debtor filed a class action for violations of the TCPA. Specifically, the debtor alleged that the settlement was an attempt to “buy off” the class action.

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Bankruptcy Chapter 7 bankruptcy Debtor Judgment 40