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10 Apr 2020, 11:26 am by Stefanie Jackman
  The Massachusetts AG also clarified in the guidance that first-party service providers collecting on behalf of creditors in the creditor’s name are subject to the emergency regulation’s call restriction but creditors collecting their own debts, in their own names, and using their own employees are not. [read post]
30 Oct 2018, 5:40 am by Jon Alper
The creditor must commence a new action to “sue on the judgment. [read post]
11 Jun 2012, 5:57 pm by Jonathan Alper
The Delaware court said the foreclosure issue had already been resolved in favor of the creditors in the Utah court based upon the theory that Utah law applied to the creditor’s remedy against the debtor’s LLC interest. [read post]
21 Oct 2011, 12:32 pm
It is also important to know what property is exempt in Florida and therefore not subject to being taken by creditors. [read post]
26 Mar 2010, 8:15 am
Your Creditors Can Reject Your Proposal When your payment plan is presented the creditors are each allowed the opportunity to reject the plan. [read post]
7 Jun 2011, 7:24 pm by Jonathan Alper
The appellate court said that the creditor attorney may not submit the denial affidavit on behalf of the creditor. [read post]
15 May 2013, 3:00 am by Kyle Krull
Fortunately, however, a creditor cannot claim the membership interest itself and sabotage the business. [read post]
19 Aug 2010, 6:08 am by Scott Sagaria
The consumer must be careful however to make all timely payments to the creditor because the creditor will likely not work with the consumer post-default. [read post]
17 Nov 2009, 9:00 am by Erik Gerding
First, he noted the TARP inspector general has criticized the AIG bailout for not giving creditors a haircut. [read post]
2 Dec 2012, 11:24 pm by Gilles Cuniberti
(b) When the creditor applies for a Preservation Order before initiating proceedings on the substance of his claim, he should, in principle, have to provide some kind of security to ensure adequate compensation to the debtor for damage caused by any violation by the creditor of his duties under the proposed Regulation. [read post]
7 Feb 2011, 6:25 am by doug
In response, creditors often file claims. [read post]
The trustee also argued that section 544(a) of the Bankruptcy Code, which grants a trustee rights of a hypothetical creditor that extends credit to the debtor at the time of its bankruptcy, permits a trustee to assert damages claims that belong to actual creditors. [read post]
9 Jan 2010, 12:26 pm
The court found the judgment-creditor to be a "creditor" of the defendant rather than a "purchaser. [read post]
12 Mar 2015, 7:43 am by David Offen
From there, the creditor is required by law to stop garnishing your wages. [read post]
15 Feb 2019, 11:49 am by Pavitra Bacon
Ability to Repay and Qualified Mortgage Standards Rule, which treats certain balloon-payment mortgages as qualified mortgages if they are originated and held in portfolio by small creditors that meet the rural-or-underserved test above and certain additional conditions Home Ownership and Equity Protections Act of 1994 (HOEPA) rule, which generally bans balloon payments for mortgages that fall within HOEPA’s high-cost mortgage coverage test, unless they meet the rural-or-underserved… [read post]
2 Dec 2012, 11:24 pm by Gilles Cuniberti
(b) When the creditor applies for a Preservation Order before initiating proceedings on the substance of his claim, he should, in principle, have to provide some kind of security to ensure adequate compensation to the debtor for damage caused by any violation by the creditor of his duties under the proposed Regulation. [read post]
4 Oct 2011, 11:02 am by lawyer
Without a bankruptcy proceeding creditors are in competition to try and get whatever assets a person has, so the first creditor to sue gets everything and all the rest get nothing. [read post]
20 Mar 2007, 5:29 am
Creditors should have good incentives to employ this arrangement discriminately. [read post]