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15 Apr 2008, 12:06 pm
Creditor's informal warning letters did not satisfy Rule 9011's service requirement.Addressing an issue of apparent first impression for the circuit, the Fifth Circuit Court of Appeals has held that informal warning letters that a creditor sent to counsel for the Chapter 7 debtor prior to filing its motion for Rule 9011 sanctions with the bankruptcy court did not satisfy the service requirement of F.R.B.P. 9011. [read post]
30 Dec 2009, 2:51 pm
An attorney defending a judgment creditor sent me an email question concerning an aggressive collection action. [read post]
11 Aug 2011, 7:49 am
If a creditor or the creditor’s assignee becomes a substitute member he would own an interest in an LLC managed by the initial manager appointed by the debtor. [read post]
27 Jun 2010, 7:56 pm
If a judgment creditor were to levy on a multimember interest the creditor could not take over the debtor’s interest and could exercise no management powers without the consent of the non-debtor members. [read post]
3 Feb 2023, 4:52 am
Better Outcome for Creditors. [read post]
20 Jan 2017, 12:40 pm
A DAPT can be a highly effective creditor protection tool. [read post]
27 Feb 2020, 1:48 pm
After the creditor recovers a money judgement (usually by default), the creditor will seek to execute this judgement. [read post]
22 Feb 2013, 7:32 am
Other strategies may be available to protect your home from creditors. [read post]
26 Mar 2014, 7:31 am
The creditor can generally obtain only a charging order against distributions from the LLC. [read post]
27 Jun 2015, 9:46 am
Another step to protect assets from creditors is to retitle the asset. [read post]
15 Jan 2013, 8:57 am
As the name implies, these trusts are usually implemented to legally shield debtors from claims by creditors, or at the very least, to provide a deterrent against creditor claims. [read post]
31 Jan 2024, 12:00 am
A lift stay motion is typically filed when the creditor believes the debtor’s bankruptcy filing is an abuse of the bankruptcy system or that the automatic stay unfairly prejudices the creditor’s interests. [read post]
1 Feb 2016, 11:13 am
Creditors, stay alert! [read post]
1 Jun 2018, 8:24 pm
Creditors may be present. [read post]
24 Feb 2010, 8:46 pm
This isn’t surprising because doctors face a conflict of interest when recommending creditors – doctors have to pay third party creditors they partner with when patients use loans to pay for treatments. [read post]
16 Nov 2010, 6:50 pm
Essentially, a creditor can place a lien on a debtor's property and if that debtor sells the property or refinances, the creditor may get paid. [read post]
7 Dec 2016, 12:48 pm
Homestead Protection From Creditors Article X, Section 4 offers Florida exempts the homestead property from creditors. [read post]
16 Nov 2010, 6:50 pm
Essentially, a creditor can place a lien on a debtor's property and if that debtor sells the property or refinances, the creditor may get paid. [read post]
26 Jan 2012, 1:57 pm
After examining the use of pre-packs as an insolvency tool, the government has abandoned the idea of legislating to give notice to creditors in all pre-packs and concluded that: "Pre-pack sales can offer a flexible and speedy means of business rescue and when used appropriately can be the best way of maximising returns for creditors. [read post]
16 Nov 2010, 1:50 pm
Essentially, a creditor can place a lien on a debtor’s property and if that debtor sells the property or refinances, the creditor may get paid. [read post]
