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2 Oct 2007, 5:30 am
Bankruptcy law requires the debtor to reaffirm, redeem or surrender personal property loans within (no later than) 45-days after their creditor meeting. [read post]
29 Sep 2009, 6:05 pm
The right of distress, also known as “distraint,” (verb: to distrain) is a common law doctrine where the creditor is entitled to seize the debtor’s properties to satisfy the debt owed. [read post]
31 Dec 2008, 12:30 am
Dec. 5, 2008), held that a bankruptcy debtor’s legal malpractice claim against his former bankruptcy attorney was property of the estate, to be administered by the bankruptcy trustee for the benefit of creditors. [read post]
28 Jan 2016, 9:29 am
Besides the three national agencies, the report includes information on agencies that provide reports on employment screening, tenant screening, consumers’ use of bank accounts, medical histories, and other specialized areas of interest to creditors. [read post]
4 Jan 2010, 7:00 am
There is a statutory presumption of abuse for incurring debt above a certain dollar amount within a certain time-frame of filing, but that doesn't mean a creditor can't challenge you outside of that automatic presumption. [read post]
20 May 2009, 6:00 am
When you owe money for a past due debt - a credit card, deficiency judgment, old rent, whatever - the creditor can choose to sue you. [read post]
5 May 2009, 6:06 pm
UPDATE - the Federal Trade Commission has once again extended the deadline for creditors and collection professionals to comply with their Red Flags Rule. [read post]
26 Sep 2007, 8:24 pm
In my previous article, I discuss the fact that, in a Chapter 13 bankruptcy, the debtor can “value” the merchandise securing a purchase money security interest (PMSI), paying the creditor only an amount equal to the fair market value. [read post]
6 Jun 2015, 8:59 pm
The Court explained that if a creditor had a claim against the estate, the pro se beneficiary would not be allowed to proceed. [read post]
9 Aug 2008, 8:50 pm
In my last blog, I discussed how the Ninth Circuit has now eliminated minimum plan lengths in Chapter 13 cases, as well as eliminated payments to unsecured creditors from disposable income. [read post]
26 Jun 2010, 5:58 pm
While a divorce court may assign responsibility for paying credit card debts and loans that were incurred during the marriage, the court generally lacks jurisdiction over the creditors. [read post]
23 Mar 2010, 7:09 pm
The case deals with the formula for determining how much a debtor has to pay her general creditors in a chapter 13 bankruptcy [...] [read post]
2 Jun 2009, 12:11 pm
Another plush role is still up for grabs: counsel to GM's official committee of unsecured creditors. [read post]
3 Oct 2016, 5:47 pm
How can conservative, Christian, values voters back a thrice-married, philandering, candidate for the presidency, who trails a record of stiffed creditors, broken promises, and ruthless practices behind him? [read post]
4 Mar 2019, 6:00 am
Nova Scotia’s Supreme Court has granted one of Canada’s largest cryptocurrency exchanges creditor protection after the sudden death of its founder and CEO left the company unable to access roughly $250 million in Canadian assets. [read post]
2 Aug 2012, 9:47 am
His filing will seek to liquidate assets to satisfy creditors, according to attorney Mark Segal who is representing [...] [read post]
20 Apr 2015, 11:01 am
In short, it involves very little creditor input. [read post]
2 Jul 2012, 10:01 am
The discharge also means creditors can no longer pursue or collect on the debt. [read post]
8 Sep 2011, 12:05 am
Practice point: Judgment liens and other secured interests ordinarily survive bankruptcy.Student note: A creditor need not object to the debtor's discharge in bankruptcy in order to preserve its lien, since the discharge does not affect the lien.Nelson, L.P. v. [read post]
6 Sep 2017, 1:56 pm
Erwin Chemerinsky writes for The Sacramento Bee, Sept. 6, 2017 Under current law, the creditor can take all of the money in the bank account. [read post]
