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5 Dec 2016, 6:11 am
Current at case end When you’ve made the last payment to your Chapter 13 plan, the trustee must file a notice of final cure payment and send the notice to you, your attorney, and the creditor. [read post]
4 Dec 2016, 9:10 am
Scott has represented individual and business debtors, creditors, creditor committees, trustees, court-appointed receivers and other interested parties in bankruptcy cases and bankruptcy litigation. [read post]
3 Dec 2016, 6:08 am
Our 21 Step Estate Planning Checklist will ensure that your health care and financial decisions will be carried out during incapacity and after death. [read post]
2 Dec 2016, 12:54 pm
App. 1991), the Georgia Court of Appeals held that the defendant’s insurer has the right to pay to other claimants up to the policy limits (i.e, exhaust the policy) and, if this is done, they will not be liable to a subsequent claimant or judgment creditor. [read post]
2 Dec 2016, 7:56 am
Delinquent taxes and the means test Since the means test is supposed to be testing whether you have money available to pay run-of-the-mill creditors, you get to deduct from future income what you already owe in taxes that aren’t dischargeable in bankruptcy. [read post]
1 Dec 2016, 12:30 pm
New York Times Magazine, How to Hide $400 million: In any given year, trillions of dollars sit safely in the offshore financial world, effectively stateless, protected by legions of well-compensated defenders and a tangle of laws deliberately designed to impede creditors and tax collectors. [read post]
1 Dec 2016, 10:26 am
They are not intended to apply to a first-party creditor collecting its own debts or to a servicer when collecting debts that were current when servicing began to the extent the creditor or servicer would not be a “debt collector” under the FDCPA. [read post]
30 Nov 2016, 7:21 pm
Schwinn, John Marshall Law School The Second Circuit ruled today that a class representative had standing to challenge a creditor's failure to disclose certain requirements under the Truth In Lending Act, but lacked standing to challenge other failures... [read post]
30 Nov 2016, 1:01 pm
Unfortunately, that transaction has been delayed and some are now questioning the viability of the restructuring agreement that was reached between the utility’s creditors and Chief Restructuring Official Lisa Donahue, who’s company Alix Partners has pocketed more than $43 million in the last two years. [read post]
30 Nov 2016, 11:16 am
Provided the judgment creditor serves the debtor with the motion to obtain disclosure, the creditor should be entitled to an order for disclosure. [read post]
30 Nov 2016, 9:10 am
(The SCRA requires creditors and servicers to reduce the interest rate to 6 percent during active-duty service on any pre-service obligation or liability, including student loans.) [read post]
30 Nov 2016, 7:04 am
In a Chapter 7 bankruptcy, the company’s assets are liquidated and distributed to creditors in accordance with statutory priorities. [read post]
30 Nov 2016, 4:00 am
The Royal Bank of Canada (“RBC”) is a judgment creditor of Phat Trang and Phuong Trang (“the Trangs”) and seeks a sheriff’s sale of the Trangs’ property, for which the sheriff requires a mortgage discharge statement. [read post]
29 Nov 2016, 7:30 pm
Three issues will be focused on: (i) the law applicable to a bond indenture after a cross-border merger of one of the contracting parties with a third party; (ii) the law applicable to the legal consequences of such a merger (legal and asset succession as well as creditor protection); and (iii) the application of Art. 15 of Directive 78/855 to securities to which special rights are attached. [read post]
29 Nov 2016, 9:10 am
Very few bankruptcy judges ever represented average individuals in bankruptcy before they became judges. [read post]
29 Nov 2016, 8:14 am
When you use your tax refund in an essential and reasonable manner such as filing bankruptcy, then your tax refund most likely will be protected from your creditors and well spent. [read post]
28 Nov 2016, 11:58 am
Hengen regarding creditor claims for child support arrearages against a decedent’s estate, when the decedent dies with unpaid child support obligations. [read post]
28 Nov 2016, 9:50 am
Case Study: A bank hired counsel to file two probate creditor claims on its behalf shortly after e-filing became mandatory in Florida. [read post]
28 Nov 2016, 9:50 am
Case Study: United Bank hired counsel to file two probate creditor claims on its behalf shortly after e-filing became mandatory in Florida. [read post]
28 Nov 2016, 9:46 am
The Creditors filed their action and a motion for sanctions. [read post]
