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19 Apr 2012, 10:14 am
It can determine chapter 7 eligibility, and in chapter 13 can affect both plan duration and payments to creditors. [read post]
30 Apr 2009, 1:19 pm
The global car company listed billions in debt and liabilities, and an extensive roster of creditors to whom it owes money. [read post]
7 Aug 2012, 11:12 am
If a private creditor failed to follow the law in 22 percent of its collections, I wonder whether its compliance lawyers would start to feel nervous. [read post]
21 Jun 2008, 5:55 pm
We don't file bankruptcy cases but we often sue abusive debt collectors and creditors who violate bankruptcy orders by collecting debts that have been discharged or reporting balances on discharged debts. [read post]
18 Mar 2010, 1:55 am
The Insurance Insider yesterday reported that the High Court had sanctioned Minster Insurance's solvent scheme of arrangement, after the creditors approved the scheme at a meeting held on 18 January 2010.The sanctioning of this scheme, which is the first to come before the English courts since the Scottish Lion scheme faced problems in the Scottish Courts (see our previous blogs here and here), will provide comfort to those who feared that the continued use of solvent schemes of… [read post]
29 Mar 2022, 10:06 am
Sometimes the Debt collector has been hired by a creditor to try to recover the delinquent debt and other times the Debt collector has purchased the debt from the original creditor. [read post]
19 Jan 2017, 6:09 am
By preserving the legal right to receive payment, the court permits creditors to pursue available remedies, and the absence of a bankruptcy discharge means the foreclosure can be challenged by other creditors under state law. [read post]
8 Jun 2021, 9:19 am
Anyone who didn’t receive the creditor’s lawsuit or who had a really good reason for not responding to it. [read post]
29 May 2021, 11:16 am
The creditor bears the burden of showing that the use of the card was authorized and the creditor probably can't meet its burden of proof by merely submitting billing statements and asserting the cardholder never objected to them.Bad defense: No signed contractIn credit card cases, creditors typically don't have to produce a signed contract to win the case. [read post]
25 May 2017, 2:44 pm
Determining who may be potential creditors One of the most challenging components of asset protection is determining who may be a potential creditor. [read post]
27 Sep 2014, 9:47 am
[Megan McArdle] Tweet Tags: autos, debtor-creditor lawLet’s ban cruel auto repossessions! [read post]
30 Oct 2006, 5:54 am
The Connecticut LLC statute provides that "on application . . . by any judgment creditor of a member, the court may charge the member's limited liability company interest with payment of the unsatisfied amount of the judgment with interest. [read post]
18 Jan 2017, 7:47 am
This is a simple way to transfer assets at death to an individual not involved in any dispute or litigation (divorce, bankruptcy, judgment creditor, etc.). [read post]
2 Oct 2008, 11:00 pm
While the application of these rules to financial institutions is no surprise, the scope of the rules' applications to creditors – including health care providers – poses a potential trap for the unwary and the unprepared. [read post]
16 Jun 2014, 12:18 pm
Rameker) decided that an inherited IRA is not protected from your creditors in bankruptcy. [read post]
2 Oct 2008, 11:00 pm
While the application of these rules to financial institutions is no surprise, the scope of the rules' applications to creditors – including health care providers – poses a potential trap for the unwary and the unprepared. [read post]
20 Apr 2015, 4:43 pm
The power of a person to leave property by will, and the rights of creditors, devisees, and heirs to his property are subject to the restrictions and limitations contained in this Code to facilitate the prompt settlement of estates. [read post]
30 May 2014, 4:10 am
In my health insurance, life insurance, and long-term care insurance practice, I sometimes encounter the tangential issue of keeping the deceased insured’s creditors, such as hospitals and doctors, at bay from the deceased’s spouse until it is determined whether the creditors’ bills should have been paid by the insurance company. [read post]
30 May 2013, 7:42 am
Appellate Specialist Mark Schaeffer (of Nemecek-Cole) provides the following note on a case of interest published yesterday: If a debtor files an appeal and posts an appeal bond after a judgment creditor has levied on the debtor’s bank account via an executed writ of execution, does the trial court have authority to order the creditor to return the money to the debtor? [read post]
29 Jan 2015, 3:23 pm
James Law Topics• The Nuts and Bolts of Cramming Down a Secured Creditor• The (Under) Secured Creditor’s Leading Counter-Measures• Future Value, Credit Bidding, and How it all Plays Out in PracticeTime and PlaceFebruary 10, 2015Noon to 1:30 pmThe City Club155 Sansome StreetSan Francisco, CaliforniaRSVP HERE [read post]
