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7 Mar 2012, 9:00 am
On an issue of first impression before the Sixth Circuit, the Court held that post-petition income that becomes available after a debtor completes repayment of a 401(k) loan is projected disposable income that must be turned over to the Trustee for distribution to unsecured creditors pursuant to Section 1325(b)(1)(B) and may not be used to fund voluntary 401(k) plans. [read post]
16 Jun 2008, 4:02 am
Not just shareholders but also former shareholders, board members, and creditors have brought actions as putative corporate champions, achieving mixed results.This year, the California Supreme Court concluded that a former shareholder lacked standing to bring a derivative action, even though he was disenfranchised during the action by a merger to which he did not consent. [read post]
15 Oct 2008, 6:46 pm
As long as you are not doing to so avoid creditors and have no prior felony convictions, you can basically change your name to anything you like. [read post]
11 Mar 2009, 11:36 am
So, can a debtor be permitted to make post-petition mortgage payments directly to the creditor? [read post]
7 Nov 2013, 1:53 pm
KaplinskyThe Advance Notice of Proposed Rulemaking (ANPR) on debt collection issued by the CFPB earlier this week solicits comments on an array of issues relating to the debt collection practices of third-party debt collectors and debt buyers as well as those of creditors collecting their own debts. [read post]
26 Aug 2008, 8:46 pm
While we differ with the author (Gary Nitzkin) on several issues - we do believe that the debt buyer must bring a witness from the original creditor, for example - still the substance of the article fits with our view of the law. [read post]
4 Jul 2007, 1:12 pm
Answer: Exact statistics are not available, but experts estimated that over 10% of all people who declare bankruptcy will do so more than once.In a first bankruptcy in Ontario you are eligible to receive an automatic discharge after nine months, if you have completed all of your duties, and if no creditor objects.In a second bankruptcy in Ontario (the rules may differ in other provinces) a discharge hearing is held in Bankruptcy Court, and the bankruptcy judge or Registrar will determine… [read post]
18 Aug 2008, 5:30 pm
Under the Fair Credit Reporting Act (FCRA), the Consumer Credit Reporting Companies (Equifax, Experian, Innovis and TransUnion) are permitted to include your name on lists used by creditors or insurers to make offers of credit or insurance. [read post]
23 Jun 2007, 10:14 pm
Prosecutors said Yagman led a lavish lifestyle while declaring bankruptcy, hiding assets from creditors, and failing to pay payroll tax. [read post]
3 Apr 2008, 5:22 pm
When Massachussetts federal bankruptcy judge Robert Somma tendered his resignation after being arrested for D.U.I while wearing women's clothing, members of both sides of the bankruptcy bar, those representing creditors as well as debtors, embarked on a letter writing campaign to the 1st Circuit Court of Appeals, asking it to reject the resignation. [read post]
14 Feb 2012, 8:08 am
The Employee Retirement Income Security Act of 1974 (ERISA) requires that companies keep pension assets separate from the corporate assets to protect them from creditors. [read post]
2 Mar 2024, 9:00 am
They offer unique asset protection most states do not, and prevent most creditors from levying against a debtor’s home so long as that home qualifies as a homestead. [read post]
4 Oct 2009, 5:18 pm
Changing creditors, assignment of loans wherein mortgage servicers do not handle the agreements and understandings of the companies from which they are acquiring loans, the inability of lawyers and others to help, and the lost of homes by ordinary people where the collection activities have just gone too far. [read post]
20 Mar 2012, 7:12 am
This allows the PR to deal with assets, creditors, liabilities, taxes, and whatever else arises in a California probate case. [read post]
12 May 2013, 3:07 pm
The opportunity eliminate older tax debt altogether and pay back the remaining balance at zero percent interest over a three to five year period with no penalties and often at the expense of other creditors is a fine thing indeed. [read post]
3 May 2011, 9:28 am
This is hot and important news for debtors and creditors who have mortgages expedited (how ironic) through MERS (Mortgage Electronic Registration Systems, Inc.) in Michigan. [read post]
5 Mar 2018, 11:32 am
But, what do you do when you have serious creditor problems, such as collection calls, collection lawsuits, and/or wage garnishments, but can’t afford to file a chapter 7 bankruptcy? [read post]
14 Feb 2012, 7:08 am
The Employee Retirement Income Security Act of 1974 (ERISA) requires that companies keep pension assets separate from the corporate assets to protect them from creditors. [read post]
11 May 2012, 12:14 pm
On April 30, the Tennessee Court of Appeals ruled that affidavits submitted as evidence of a debt were inadmissible under the business records exception to the hearsay rule and judgment against the debtor was thus reversed because, absent such evidence, the creditor could not establish the existence or amount of debt. [read post]
10 May 2013, 10:39 am
For many consumers in both Oregon and Washington, an upcoming eviction often represents the last straw in coping with creditors prior to filing bankruptcy. [read post]
