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.

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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.

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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. Complete protection from creditors – This includes wage garnishment and debt collection. Disadvantages of Chapter 7 Bankruptcy.

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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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Sawin & Shea

NOVEMBER 15, 2023

In the case of a Chapter 7 bankruptcy , the court appoints a trustee who is in charge of selling off (liquidating) a debtor’s non-exempt assets. If a debtor has assets that are not protected under those statutes, the trustee can liquidate those items and use the proceeds to pay creditors back something.

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Sawin & Shea

JUNE 7, 2023

If you have a co-signer associated with your debt or if you are a co-signer, you need to be aware of how financial liability works and what happens when the primary debtor declares bankruptcy. For example, a parent or another family member may become a co-signer for a low-credit borrower so that the primary debtor can obtain a desirable loan.

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Credit Corp

MAY 3, 2023

Bankruptcy does have some benefits, such as potentially putting a stop to wage garnishments or foreclosures. Through the bankruptcy, the debtor restructures and then creates and implements a plan to pay back creditors. Regardless of how you ended up in this position, it’s important not to jump immediately to bankruptcy.

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Debt Free Colorado

MARCH 3, 2023

This type of bankruptcy enables the debtor to combine their debts, reach an agreement on a lower overall number and submit to a three-to-five-year plan for debt repayment. A case may be changed from a Chapter 13 filing to a Chapter 7 liquidation if the debtor doesn’t make payments on time. What Can’t Bankruptcy Do?

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Sawin & Shea

MAY 2, 2024

Whether you’re facing foreclosure , repossession, wage garnishments, or relentless creditor harassment, our expertise in bankruptcy law can offer the protection and relief you’ve been seeking. Bankruptcy law was created to give debtors a true fresh start and pathway to rebuilding wealth.

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The McHughes Law Firm

AUGUST 29, 2016

Myth No 3: If I Can Not Collect the Debt Myself, the Debtor Will Not Pay. 5: Debt Collectors Hound Debtors and Make Threats. Debt collection is governed by the Fair Debt Collection Practices Act , which has specific guidelines for contacting debtors. For example, a debtor can request not to be contacted at work.

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Collection Industry News

OCTOBER 6, 2020

It primarily had the CARES Act to thank: The bill delivered hundreds of billions of dollars worth of stimulus checks and bulked-up unemployment benefits to Americans, while easing pressures on them by halting foreclosures, evictions and student loan payments. The company said it had stopped seeking orders to garnish bank accounts.

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Sawin & Shea

JUNE 21, 2023

When filing for Chapter 13, debtors don’t immediately discharge their debts. They may suspect that the debtor committed fraud or tried to deceive the court or their creditors in another way. Courts can punish this behavior by dismissing a case with prejudice, making it harder for the debtor to refile.

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FDCPA Defense

FEBRUARY 3, 2019

2012) (intent of debtor at time of purchase controls). Must a communication ( e.g., a letter, pleading, or phone call) make an express demand for payment of money on a debtor in order to constitute “debt collection” under the FDCPA? to pay money,” non-judicial foreclosure is not covered under FDCPA) (citations omitted), pet.

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Debt Free Colorado

DECEMBER 7, 2016

Lawsuits, garnishments, foreclosures, and other collections stop at this time. Take your Debtor Education Course – Within 45 days of the 341 Meeting. Debts Discharged – No sooner than 60 days after your 341 meeting, but not until the debtor education certificate is filed and court filing fees are paid.

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Sawin & Shea

MARCH 20, 2024

If you’re worried about garnishments, foreclosures , lawsuits, repossessions , or other consequences of your debt, connect with an experienced bankruptcy lawyer at Sawin & Shea as soon as possible. They typically answer questions from a debtor about back taxes, filing annual tax returns, and tax penalties they may owe.

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Debt RR

DECEMBER 13, 2019

There are two other conditions that must be met for a creditor to serve papers on a debtor. The ability to sue a debtor depends on the whether they have a registered address in the court’s geographic jurisdiction. Distressed homeowners who successfully fought foreclosure lawsuits stemming from the 2010 U.S. in recent years.

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Troutman Sanders

MARCH 29, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. As such, initiating communication with a debtor is prohibited while the emergency remains in effect and for 60 days thereafter.

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Debt Free Colorado

DECEMBER 23, 2024

To qualify for Chapter 7 bankruptcy, debtors must pass a means test that compares their income to their state’s median income. This legal shield blocks creditors from calling you, stops foreclosure sales, prevents wage garnishments , and halts all collection lawsuits.

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Burr Forman

DECEMBER 4, 2020

The new bill issued a moratorium on evictions, foreclosures, and repossessions, which expired on June 30, 2020. On April 23, 2020, Governor Gavin Newsom issued Executive Order N-57-20 exempting stimulus payments and other COVID-19-related government financial assistance from attachment, levy, execution, or garnishment.

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Troutman Sanders

OCTOBER 26, 2020

On Friday, October 23, Ohio Senate President, Larry Obhof, and Governor Mike DeWine announced the creation of the “Home Relief” program to assist Ohioans facing evictions, foreclosures, and water service shut-offs during the current COVID-19 pandemic. For more information, click here. For more information, click here.

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Troutman Sanders

NOVEMBER 24, 2020

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. Please click here to visit this new interactive tool: [link]. For more information, click here.

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Troutman Sanders

JUNE 22, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. You may access this interactive tool at [link]. Pritzker issued an order to rescind Executive Order 2020-25 on June 25.

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