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

Turbo Recovery

JANUARY 17, 2017

Whether this is a one-time issue or an ongoing occurrence, you need to be aware of how to handle these situations and when it’s time to place your uncollected debt with our professional debt collection agency and law firm. The sooner you send the debt to a Columbus debt collection agency / law firm the higher the chance of recovery is.

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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.

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Turbo Recovery

JANUARY 25, 2019

At Point Law , we can make it easier. Hiring a debt collection agency and law firm is one of the easiest and smartest ways to put the focus back on your business. At Point Law, our hassle-free onboarding process takes less than 15 minutes to complete and will get the workload off your desk.

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Turbo Recovery

MARCH 19, 2018

Liquidity Rate Liquidity rate is perhaps the single most important aspect of any debt recovery agency and law firm. By this time, consumer debtors could have filed bankruptcy, moved away and become harder to locate, or amassed debts to others. Our team completes thorough research before reaching out to the debtor.

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Account Recovery

AUGUST 26, 2024

WHAT THIS MEANS, FROM STACY RODRIGUEZ OF ACTUATE LAW: After a collection law firm garnished an Arizona judgment debtor’s bank account, the debtor raised FDCPA claims alleging that all funds in the account were social security benefits and, thus, exempt from garnishment.

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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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Collections Law

SEPTEMBER 24, 2021

If you are having trouble collecting a commercial debt, you may wonder what you can do to make the debtor pay. The truth is, you have many tools available to you under Massachusetts law. The experienced commercial collections attorneys at the Law Offices of Alan M. Cohen LLC know how to choose the right tools for the job.

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In the Red

MAY 21, 2019

After dividing the courts for a number of years, we finally have the answer to the big question of whether rejection of a trademark license by a debtor-licensor deprives the licensee of the right to use the trademark. The section further provides that a debtors rejection of acontract under that authority constitutes a breach of suchcontract.

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In the Red

MAY 21, 2019

After dividing the courts for a number of years, we finally have the answer to the big question of whether rejection of a trademark license by a debtor-licensor deprives the licensee of the right to use the trademark. The section further provides that a debtors rejection of acontract under that authority constitutes a breach of suchcontract.

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Bankruptcy Debtor Manufacturing Construction 130

Debt RR

AUGUST 27, 2021

With the help of an experienced collections attorney, serving legal papers on a debtor can be the first step to collecting the money you’re owed. Process service is often the first step in notifying a debtor that a legal action has been filed in court. Provides Legal Confirmation That a Debtor Received Notice of a Lawsuit.

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Collections Debtor Judgment Collection Agencies 98

Consumer Financial Services Law

APRIL 16, 2018

Guynn defaulted on his Bank of America credit card in 2013, and in 2016 the account was referred to a law firm for collection. As an affirmative defense, the law firm asserted bona fide error. Pre-Suit Review Prior to filing suit, the law firm employed a checklist to ensure that all FDCPA requirements had been met.

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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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Consumer Financial Services Law

DECEMBER 21, 2016

In determining the representations were permissive litigation activity, the court noted the purported misrepresentations were as to a filing deadline and had nothing to do with the amount of the debt or the debt itself and were not made to the debtor. Carney at * 12.

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In the Red

MAY 21, 2019

After dividing the courts for a number of years, we finally have the answer to the big question of whether rejection of a trademark license by a debtor-licensor deprives the licensee of the right to use the trademark. 365(g)—terminates rights of the licensee that would survive the licensor’s breach under applicable nonbankruptcy law.

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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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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.

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Bankruptcy Law Firms Debtor Construction 52

UK debt collections

FEBRUARY 9, 2022

The well trodden path of litigation and using law firms is long gone. Any Professional Debt Collection firms will have a clearly laid out pricing structure. Most Debt Collection Agents are well versed in the ways that debtors will try and attempt to evade payment. Low Cost solution for unpaid debts.

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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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Jimerson Firm

JULY 1, 2020

After a finding that no special equities or rights existed, the Court affirmed the English rule, recognizing the principle that notice to the debtor of an assignment is necessary to impose upon the debtor the duty to pay the assignee; and the assignee must acquire some “delivery” or “possession” of the debt establishing that right to collect.

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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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Collections Law

FEBRUARY 15, 2023

Sometimes a debtor makes sporadic payments just to keep you from calling the Law Offices of Alan M. Sometimes the sporadic payments are because of your debtor’s cash flow. In short your debtor and not you are calling the tune and playing with your monies. We call this the deadbeat shuffle.

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Turbo Recovery

JULY 11, 2018

When businesses have outstanding receivables, they often turn to attorneys to sue the debtor, but Turbo Debt Recovery offers a few services that should take place prior to filing suit. We’re looking to weigh the debtors’ assets versus liabilities to determine the collectability of the account. We Are Cheaper than a Law Firm.

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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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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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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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BN Lawyers

OCTOBER 23, 2020

Originally founded in 1993, the National Creditor Bar Association is dedicated to serving law firms engaged in the practice of creditors rights law. is a national law firm based in Austin, Texas with offices across the United States. About Barron & Newburger, P.C. Barron & Newburger, P.C.

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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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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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Troutman Sanders

FEBRUARY 16, 2023

On January 19, the United States Bankruptcy Court for the Western District of Virginia entered an order sanctioning a collections law firm for violating the bankruptcy discharge injunction. Gooch ( In re Skaggs ) awarded the debtor $25,000 in attorneys’ fees based on a letter he received concerning a discharged debt. Gooch, P.C.,

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Bankruptcy Collections Law Firms Judgment 52

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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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. Without any help from your debtors to get them removed sooner, collection accounts can show up on your credit reports for about seven years after the original delinquency date.

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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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Taurus Collect

SEPTEMBER 17, 2021

We’ve had more than enough customers tell us they’ve spent thousands taking debtors to court, whereas a debt collection agency usually works on a no win, no fee commission. Playing along with a debtor’s excuses allows them to take advantage of your seeming generosity. In the long run, this saves you money. Why is this? Conclusion.

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Consumer Financial Services Law

APRIL 25, 2020

The FAQs make clear: There is no affirmative duty on collection agencies to send a mass mailing to debtors offering deferrals. If, however, a collection agency contacts a debtor to discuss repayment, the agency is affirmatively obligated to advise the customer of the option to defer payment for 30 days.

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Turbo Recovery

MAY 11, 2018

Though it makes sense from the business side why you would want to place this type of write-off, from a collection agency / law firm perspective there is little to be done when a debtor has no assets. Typically, these are a low-worry type of claim, as it’s typically just a way for debtors to avoid paying for the service.

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FFGN COLLECT NY

APRIL 21, 2022

By choosing to enlist the help of a debt collection law firm you can take advantage of a number of different debt collection options to assist in the collection of monies owed to you. Absent a sense of urgency, most creditors want to start with a demand to see if the debtor will respond. Settlement Agreements.

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