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13 Sep 2016, 6:26 am
The County Court of the Twelfth Judicial Circuit Court of Florida recently held that a debt buyer could not use the original creditor’s credit card statements to try to collect on the underlying debts, as the debt buyer failed to present evidence that it independently verified the accuracy of the credit card statements. [read post]
14 Nov 2020, 10:00 am
Albert Feuer recently published an article entitled, Creditor Protections for Inherited IRA Benefits and the Proposed Harmonization of Protections for Savings and Retirement Benefits Act, Wills, Trusts, & Estates Law ejournal (2020). [read post]
1 Jun 2016, 5:00 am
Ulrich Soltesz, Gleiss Lutz describes Frucona Kosice: The Application of the ‘Private Creditor Test’ Under the General Court's Scrutiny. [read post]
11 Nov 2015, 10:00 am
The American Bar Association is presenting a CLE entitled, Creditor's Rights in Decedent's Estates Including Non Probate Transfers, Tuesday November 17, 2015, 12:00-1:30pm Central, online. [read post]
2 Jun 2021, 1:14 pm
and share with readers that my new short article, Clearinghouse Shareholders and "No Creditor Worse Off Than in Liquidation" Claims is now available! [read post]
19 May 2022, 2:25 pm
A creditor is the person, organization, or company owed the debt [read post]
26 Mar 2018, 2:00 pm
Jan Peter Schmidt recently published an Article entitled, Transfer of Property on Death and Creditor Protection: The Meaning and Role of "Universal Succession", Wills, Trusts, & Estates Law eJournal (2018). [read post]
17 Jan 2017, 8:32 am
The article examines the risks to a senior secured lender that fails to take into account how its actions towards a distressed borrower are viewed by the unsecured creditors of […] [read post]
18 Jul 2011, 2:00 am
There is no predicting what a creditor’s action will be when you notify them of your intentions of filing. [read post]
29 Sep 2007, 3:33 pm
There are exceptions to discharge, and a creditor can sue you in the Bankruptcy Court asking that you still have to pay [...] [read post]
16 Dec 2019, 6:57 am
Court of Appeals for the Eleventh Circuit recently reversed the dismissal of a pro se consumer’s claims under the federal Fair Credit Reporting Act (FCRA), holding that he stated a plausible claim for relief with his allegations that the defendant creditor obtained his… Hector E. [read post]
25 Jan 2017, 12:00 pm
A new Florida case concluded that a bad faith claim against a decedent’s insurance company can be maintained when the claimant has failed to file a timely creditor claim against the estate. [read post]
26 Jul 2017, 4:00 pm
Vallario recently published an Article entitled, The Elective Share Has No Friends: Creditors Trump Spouse in the Battle Over the Revocable Trust, Wills, Trusts, & Estate Law eJournal (2016). [read post]
25 Jul 2011, 8:51 am
After your bankruptcy case has been electronically filed in Kansas, a 341 meeting (Meeting of Creditors) will be scheduled. [read post]
14 Oct 2019, 9:53 am
Court of Appeals for the Seventh Circuit recently affirmed in part and reversed in part a trial court’s judgment against a debtor who filed an adversary proceeding alleging that a creditor and its counsel violated the bankruptcy discharge by trying to collect a… Hector E. [read post]
19 Aug 2024, 6:40 am
The creditor had a contractual relationship with the company. [read post]
3 Dec 2020, 8:33 am
The Debtor, Creditors Committee and Wells Fargo agreed that the best way to pay creditors was to sell the Debtor’s assets as a going concern. [read post]
9 Nov 2008, 2:15 am
However creditors may sell property after a bankruptcy discharge is granted via repossession or foreclosure if a default under state law has been triggered allowing the sale of collateral for the loan. [read post]
19 Dec 2018, 7:31 am
The Bankruptcy Court in Indiana denied the student loan creditor’s motion to compel arbitration of the debtor’s dischargeability proceeding under Code § 523(a)(8). [read post]
30 Jul 2007, 7:49 pm
Your bankruptcy attorney told you, once the bankruptcy court issues your discharge, the creditors have to leave you alone. [read post]
