Sawin & Shea

JANUARY 11, 2024

Since 2005, a debtor education course from an approved provider is mandatory for anyone who files for bankruptcy. Debtor education classes provide customized guidance based on your unique circumstances. Since then, bankruptcy filers have been required to take both a bankruptcy credit counseling course and a debtor education course.

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Education Debtor Bankruptcy Chapter 13 bankruptcy 52

Jimerson Firm

MARCH 19, 2021

When a lender holds a defaulted loan there are several issues that need to be considered before initiating a foreclosure. Lenders holding defaulted loans will first need to consider relevant Florida laws prior to beginning any foreclosure proceedings. Foreclosures are a state law proceeding first and foremost. Busey Bank, N.A.,

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Loans Foreclosure Lender Accrued Interest 98

Jimerson Firm

NOVEMBER 13, 2020

if the collateral is likely to be acquired by SBA or the lender at the foreclosure sale, the expenses associated with the care, preservation and resale of the acquired collateral. In Florida, the lender can choose from the following methods: Deed in Lieu of Foreclosure. Lien Foreclosure. See SOP 50 57. Short Sale.

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Loans Collateral Foreclosure Lender 98

FFGN COLLECT NY

JUNE 12, 2022

Are you or your collection attorney attempting debt collection efforts even though the debtor filed for bankruptcy? The debtor did not pay. We executed on the judgment and before any monies could be restrained to satisfy the client’s judgment, the debtor filed for bankruptcy; a no-asset case.

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Debtor Bankruptcy Collections Law Firms 52

Collections Law

APRIL 9, 2021

You’ve won your case in court, and your debtor needs to make the necessary payments to resolve the outstanding debt. Cohen LLC will frequently seek to attach your debtor’s bank accounts — either with notice or ex parte — in our efforts to secure payments from your debtor. But it rarely is that easy. Reach and Apply Injunctions.

Debtor 52

Debtor Judgment Collections Debt Recovery 52

Roths Child Law

JUNE 17, 2021

Debtors with multiple delinquent accounts don't often have the luxury of negotiating balances. Situations such as these may call for debtors to file bankruptcy. Bankruptcy Court conditions its decision about whether to let a debtor file Chapter 7 bankruptcy on whether they pass their means test.

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Chapter 7 bankruptcy Bankruptcy Unsecured Debt Debtor 98

Troutman Sanders

FEBRUARY 26, 2021

In denying summary judgment, this decision serves as a reminder to servicers to ensure a thorough review of correspondence from a borrower to evaluate whether they may file for nonjudicial foreclosure without implicating the FDCPA or state collection laws. In that case, the plaintiffs fell behind on their mortgage payments.

Foreclosure 52

Foreclosure Judgment Collateral Fair Debt Collection 52

Jimerson Firm

NOVEMBER 23, 2020

if the collateral is likely to be acquired by SBA or the lender at the foreclosure sale, the expenses associated with the care, preservation and resale of the acquired collateral. 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

Collection Industry News

AUGUST 18, 2020

Does a judicial foreclosure action constitute “debt collection activity” under the Fair Debt Collection Practices Act (“FDCPA”)? Due to a mortgage borrower’s payment default, Federal National Mortgage Association (“Fannie Mae”) filed a judicial foreclosure action in Oregon state court, seeking to force a sheriff’s sale of the property.

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Foreclosure Judgment Collections Fair Debt Collection 40

Sawin & Shea

FEBRUARY 22, 2023

And although there are benefits to obtaining this type of mortgage, debtors often have to pay increased interest and monthly payments. These increased payments can put financial pressure on debtors, leading them to fall behind on their housing payments. Adjustable rate mortgages have been on the rise in recent years.

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Chapter 13 bankruptcy Bankruptcy Chapter 7 bankruptcy Foreclosure 72

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. 684, 689 (Bankr.W.D.Pa.2009) Old Nat’l Bank Corp.,

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Lender Credit Unions Credit Unions Collections 98

ABI

JANUARY 22, 2023

John's University School of Law American Bankruptcy Institute Law Review Staff Under section 362 of title 11 of the United States Code (the “Bankruptcy Code”), the filing of a bankruptcy petition results in an automatic stay that generally enjoins any creditor from taking any action against a debtor or its property. [1]

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Foreclosure Bankruptcy Debtor Creditors 40

PBWT

SEPTEMBER 8, 2021

Debtors and trustees seeking to avoid the hardship of a foreclosure often attempt to employ sections 547 and 548 of the Bankruptcy Code. [1] 1] In accordance with the former section, a debtor may avoid any transfer of an interest in property “on or within 90 days before the date of the filing of the petition.”

Bankruptcy 52

Bankruptcy Foreclosure Debtor Lender 52

Sawin & Shea

SEPTEMBER 14, 2022

With consumer debts, co-debtors receive the protection of an automatic stay. For example, if you co-own a house with someone filing Chapter 13 bankruptcy and the house is your primary residence, the automatic stay will protect you from a home foreclosure because it’s considered consumer debt.

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Chapter 7 bankruptcy Chapter 13 bankruptcy Bankruptcy Student Loans 122

Collections Law

APRIL 9, 2021

You’ve won your case in court, and your debtor needs to make the necessary payments to resolve the outstanding debt. Cohen LLC will frequently seek to attach your debtor’s bank accounts — either with notice or ex parte — in our efforts to secure payments from your debtor. But it rarely is that easy.

Debtor 40

Debtor Judgment Collections Debt Recovery 40

Jimerson Firm

AUGUST 7, 2020

The Act codifies existing common law in Florida regarding the right to have a receiver appointed by the court in commercial foreclosure actions, and provides much needed clarity, predictability, and uniformity on the standard for the appointment of a receiver and the powers of receivers. What is the Purpose of the Act? Conclusion.

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Foreclosure Lender Judgment Creditors 98

Burr Forman

AUGUST 19, 2021

Erich Durlacher – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Michael Hall – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Bet-the-Company Litigation, Litigation – Bankruptcy. Clarke – Real Estate Law. Elizabeth Davis – Environmental Law. Birmingham. Jack Stephenson, Jr.

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Lawyers Construction Acquisition Bankruptcy 105

Sawin & Shea

FEBRUARY 16, 2022

Some situations in which an individual may want to consider filing for emergency bankruptcy include: Wage garnishment Creditors levying your bank accounts or property An impending home foreclosure sale Imminent car repossession. The Debtor(s) need to complete the required credit counseling session.

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Bankruptcy Chapter 13 bankruptcy Repossession Debt collector 98

Sawin & Shea

MAY 26, 2021

This means a foreclosure, repossession, garnishment, or other action can continue against your spouse even after you’re freed of it through bankruptcy – but only if their name is on the debt. If you opt for Chapter 13, an automatic co-debtor stay prevents creditors from hassling either you or your spouse about shared debts.

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Bankruptcy Chapter 13 bankruptcy Creditors Repossession 97

Sawin & Shea

DECEMBER 21, 2023

For debtors, the automatic stay provides critical breathing room to address financial issues under bankruptcy court protection. It is one of the fundamental debtor protections under the Automatic Stay in the Bankruptcy Code. Within 30 days of filing bankruptcy, a debtor must file a Statement of Intent regarding secured property.

Bankruptcy 52

Bankruptcy Debtor Repossession Creditors 52

Sawin & Shea

JUNE 18, 2020

In Indiana, a debtor filing for Chapter 7 bankruptcy can protect up to $19,300 per person in residential real estate or mobile home. Another route to protecting your home is to use bankruptcy to halt a foreclosure, which is usually possible all the way up to the point of a sheriff’s sale.

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Chapter 7 bankruptcy Bankruptcy Chapter 13 bankruptcy Foreclosure 98

Troutman Sanders

JULY 14, 2021

At the time Carrington became the mortgage servicer, Heinz’s loan was already in default and a foreclosure sale was scheduled for the first of the following month. Thereafter, the foreclosure sale of Heinz’s property was postponed to November 14, 2017. However, the foreclosure sale proceeded as scheduled on November 14, 2017.

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Foreclosure Debt collector Debtor Loans 52

Mich Bankruptcy Blog

OCTOBER 26, 2021

.” That legal maxim guided the Sixth Circuit’s reasoning in a recent decision [1] in a case involving a Chapter 13 debtor’s repeated filings and requests for dismissal of his bankruptcy cases in order to avoid foreclosure of his home. Read More › Tags: 6th Circuit Court of Appeals , Chapter 13.

Bankruptcy 52

Bankruptcy Foreclosure Debtor 52

Fraser

JUNE 25, 2020

The petition date is the date on which a debtor files a chapter 11 bankruptcy proceeding. The debtor is required to serve all known creditors with notice of the commencement of the chapter 11 case. In order to participate in the distribution of the debtor’s assets to satisfy pre-petition claims, a creditor must have a valid claim.

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Creditors Bankruptcy Unsecured Creditor Debtor 72

Fraser

JULY 21, 2020

What’s worse—and which often comes as a big surprise—is when a business gets sued by the debtor or bankruptcy trustee seeking to recover payments made by the debtor before the bankruptcy. The SBRA created a new “subchapter V” to Chapter 11 of the Bankruptcy Code , which provides small business debtors an easier path through bankruptcy.

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Creditors Bankruptcy Debtor Construction 56

PBWT

JANUARY 19, 2021

In 2019, we began following a Circuit split regarding a secured creditor’s obligation to return collateral that it lawfully repossessed pre-petition after receiving notice of a debtor’s bankruptcy filing. ” [ii] In December, the Supreme Court granted certiorari and on Thursday adopted the minority view.

Bankruptcy 65

Bankruptcy Debtor Creditors Repossession 65

Collections Law

APRIL 1, 2020

Collecting debts from debtors having assets in Massachusetts while you are in another state or a different country used to be difficult, even if you had a judgment against them. If you are in another state or country and have obtained a judgment against a Massachusetts debtor, or if your debtor has assets in Massachusetts, we can help.

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Judgment Collections Debtor Foreclosure 52

Roths Child Law

APRIL 10, 2023

One of these is when you have to file for bankruptcy immediately to avoid a foreclosure, wage garnishment or repossession Requirement for debtor education Debtor education is meant to equip you with the tools and resources necessary to better manage your finances after bankruptcy.

Bankruptcy 52

Bankruptcy Education Repossession Debtor 52

Debt Free Colorado

DECEMBER 9, 2021

Chapter 7 bankruptcy is appropriate for unsecured debtors. Short foreclosure protection – When your home is faced with foreclosure, the automatic stay is not in effect indefinitely. The lender protects the borrower against foreclosure. Disadvantages of Chapter 7 Bankruptcy. Disadvantages of Chapter 13 Bankruptcy.

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Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy Unsecured Debt 75

FDCPA Defense

SEPTEMBER 22, 2018

(the “FDCPA”) if it never asks the debtor to pay any money? These seemingly simple questions have divided the circuit courts, and they may soon be resolved by the United States Supreme Court when it decides a case that arose out of a nonjudicial foreclosure proceeding in Colorado. See Obduskey v. See, e.g., Ho v. ReconTrust Co.,

Foreclosure 40

Foreclosure Collections Debtor Debt collector 40

Jimerson Firm

JULY 30, 2020

Part 2 of this series analyzed pre-foreclosure loss mitigation options for lenders dealing with hotel/restaurant mortgage defaults. and a foreclosure sale netted the lender $3,675,000 leaving a deficiency of $918,398.49. Part 2: Pre-Foreclosure Loss Mitigation Options. See, e.g. , Guirlinger v. Goldome Realty Credit Corp.,

Lender 98

Lender Foreclosure Loans Banks 98

Sawin & Shea

AUGUST 24, 2020

Bankruptcy can also stop or delay a home or mortgage foreclosure, stop collection actions, stop garnishments and lawsuits. Chapter 13 Bankruptcy: Chapter 13 bankruptcy is a reorganization of debts for debtors with regular income. What Do the Various Kinds of Bankruptcy Entail?

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Chapter 13 bankruptcy Bankruptcy Chapter 7 bankruptcy Debt collector 98

Troutman Sanders

FEBRUARY 27, 2023

The communications were made in connection with various foreclosure proceedings against the plaintiffs where Fein Such represented the foreclosing entity. The plaintiffs alleged that Fein Such improperly contacted them regarding attorneys’ fees and costs purportedly incurred in connection with the foreclosure proceedings.

Foreclosure 52

Foreclosure Fair Debt Collection Debt collector Debtor 52

Sawin & Shea

NOVEMBER 24, 2021

Many people worry that bankruptcy will simply delay the inevitable, such as a lawsuit, wage garnishment, or a foreclosure, and that their creditors will still come after them. An automatic stay is a fundamental part of bankruptcy that protects debtors from creditor actions. What Does an Automatic Stay Do?

Bankruptcy 52

Bankruptcy Garnishment Repossession Foreclosure 52

Sawin & Shea

NOVEMBER 24, 2021

Many people worry that bankruptcy will simply delay the inevitable, such as a lawsuit, wage garnishment, or a foreclosure, and that their creditors will still come after them. An automatic stay is a fundamental part of bankruptcy that protects debtors from creditor actions. What Does an Automatic Stay Do?

Bankruptcy 52

Bankruptcy Garnishment Repossession Foreclosure 52

Consumer Financial Services Law

FEBRUARY 18, 2019

McCarthy & Holthus LLP regarding whether non-judicial foreclosures qualify as debt collection under the FDCPA, the Sixth Circuit doubled down on its position that non-judicial foreclosures are debt collection. Building on its 2013 decision in Glazer v. Chase Home Finance LLC., 3d 453 (6th Cir. Chase Home Finance LLC., In Scott v.

Foreclosure 40

Foreclosure Law Firms Debt collector Collections 40

Jimerson Firm

DECEMBER 30, 2020

Essentially, a workout agreement restructures the material terms and conditions of the SBA loan in order to: avoid actions such as foreclosure or bankruptcy; allows the borrower to cure the default and improve their ability to repay the loan; and enables the lender or CDC to maximize their recovery on the loan. SOP 50 57 ; SOP 50 55.

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Loans Collateral Lender Foreclosure 98