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23 Feb 2011, 12:52 pm
Failure to abide by the rules could actually get a judgment entered against you, the creditor. [read post]
5 Dec 2013, 6:00 am
What this requirement means is that your repayment plan under Chapter 13 must represent your “best effort” to make payments to as many unsecured creditors as you can in the order they are established... [read post]
26 Feb 2018, 8:20 am
I’ve told many people I meet in conference that my best clients are the people who have fought hard to stay out of a bankruptcy and resolve their financial issues informally with their creditors. [read post]
5 Apr 2018, 3:00 pm
Official Committee of Unsecured Creditors of Walldesign Inc. 17-1210 Issue: Whether a person who obtains funds from a debtor and exercises complete control over the funds, but lacks the legal authority to do so, is an “initial transferee” under Section 550(a)(1) of the Bankruptcy Code. [read post]
13 May 2019, 10:15 am
The automatic stay stops all creditors actions against you to collect on your debt. [read post]
28 Oct 2011, 3:21 pm
Small Business Debts & Bankruptcy Your business is in trouble and you want to know whether filing personal bankruptcy is necessary or whether you can just walk away without fear of your creditors chasing behind you. [read post]
21 Jul 2022, 9:14 am
Goldberg, titled ‘Did You Just Pledge Everything You Own: Remedying the Eleventh Circuit’s Surprising Decision Allowing Creditors […] [read post]
23 Mar 2018, 9:10 pm
Some homeowners may have lender-placed insurance policies, also known as “creditor-placed” or “forced-placed policies. [read post]
3 Nov 2014, 4:35 pm
July 10, 2014) “particularly persuasive” on an issue on which debtors have had difficulty getting traction, the district court held that a creditor’s filing a proof of claim for a time-barred debt in a bankruptcy case may violate the Fair Debt Collection Practices Act, [...] [read post]
17 Feb 2010, 8:08 am
Otherwise, the creditor will simply demand payment for the entire amount from the spouse who didn’t file. [read post]
24 Oct 2013, 6:00 am
But what happens when a former creditor does not get the memo? [read post]
7 Jun 2017, 9:00 am
What happens in a Chapter 13 bankruptcy case when a creditor files a proof of claim involving a debt for which the statute of limitations to collect the debt has run? [read post]
6 Feb 2024, 11:09 am
LAW LIBRARY reference room (level 2): KEA322 .W55 2022 McKay White, Debtor-Creditor and Collections Law in Alberta (Toronto: Emond, 2022). [read post]
28 Nov 2022, 9:00 am
Creditors may seek a court order to garnish your wages for unpaid debts. [read post]
16 Mar 2008, 5:36 pm
In my last Blog, I discussed who must attend the meeting of creditors, how long they last, and the general background of trustees, in the Southern District of California. [read post]
2 Nov 2009, 11:10 pm
The Atlanta Journal-Constitution reported yesterday that a federal bankruptcy judge has lifted a temporary stay, clearing the way for creditors to sell off at a foreclosure sale of The Hindu Temple of Georgia. [read post]
13 Jun 2016, 9:35 am
The federal bankruptcy code preempts state bankuptcy laws that enable insolvent municipalities to restructure their debts over the objections of creditors and instead requires municipalities to restructure such debts under Chapter 9 of the code. [read post]
4 Dec 2008, 11:57 am
In response to automakers’ bailout plea, staff for three members of Congress have asked restructuring experts if a pre-arranged bankruptcy — negotiated with workers, creditors [...] [read post]
27 May 2022, 5:30 am
After the debtor receives their bankruptcy discharge, their creditors are forever legally prevented from undertaking further debt collection efforts against the debtor, with certain limited exceptions (i.e. generally student loan debt, domestic support obligations, and most income tax debt remain collectable). [read post]
9 Mar 2020, 9:05 am
You must have a steady source of income to be able to make the monthly payments to the trustee to distribute to your creditors. [read post]