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19 Oct 2006, 4:46 pm
., September 1, 2006), the Ninth Circuit Bankruptcy Appellate Panel affirmed a Bankruptcy Court decision holding that where a creditor receives a settlement payment on a... [read post]
28 Jun 2007, 9:47 am
After 20 years of representing debtors in my consumer bankruptcy practice I know that there is a good chance that my clients have one or more creditors they have forgotten about or quite possibly that they have [...] [read post]
26 Jun 2019, 11:48 am by Eric Tsai
The Supreme Court of California recently held that the anti-deficiency statute in California Code of Civil Procedure § 580d did not bar a creditor holding two deeds of trust on the same property from recovering a deficiency judgment on the junior lien extinguished by a… Eric Tsai [read post]
9 Oct 2014, 7:08 am by admin
The one primary benefit that offsets the frustration, embarrassment, and emotional strain from going through the process is the discharge; the “fresh start” that a client obtains where creditors can no longer harass them with efforts to collect debt such [...] [read post]
19 Oct 2006, 4:46 pm
., September 1, 2006), the Ninth Circuit Bankruptcy Appellate Panel affirmed a Bankruptcy Court decision holding that where a creditor receives a settlement payment on a... [read post]
16 Jun 2009, 8:20 am
If a creditor sends a letter to you after your discharge, they may be violating the Bankruptcy Code - even if they include language saying it’s just for informational purposes. [read post]
13 Sep 2017, 6:00 pm by Gerry W. Beyer
Davies recently published an Article entitled, Note: Nursing Home Abuse of Agents: Creditor Misuse of New York's Revised Durable Power of Attorney, 79 Alb. [read post]
23 Jul 2009, 8:20 am
The United States Trustee has appointed the members of the Official Committee of Unsecured Creditors in the Global Safety Textiles Holdings LLC bankruptcy cases. [read post]
16 May 2018, 12:47 pm by Advantage
For example, secured creditors have rights over your property that you’ve given as collateral, rights that unsecured creditors don’t have. [read post]
8 Jan 2011, 8:01 pm by Jonathan Alper
Can the creditor serve ING Direct a write of garnishment from a Florida court, or does the creditor have to domesticate the judgment in a state where ING Direct has a branch? [read post]
1 Jul 2010, 8:36 pm by Karen Brady
Courts in Florida and Kentucky have concluded that bankruptcy laws that protect an IRA from creditors do not apply to inherited IRAs. [read post]
12 May 2020, 1:37 pm
When all other attempts to collect a debt have been unsuccessful, a creditor may be left with only more drastic measures, such as wage garnishment. [read post]
19 Sep 2010, 8:19 am by Jonathan Alper
You cannot pay your family and partners first and leave your general unsecured creditors, such as credit cards, to “pound sand” in your Chapter 7 bankruptcy. [read post]
4 Aug 2006, 8:54 am by Frodnesor
In defense, the bank creditor/defendant contended that the payments were made "according to ordinary business terms" (but not necessarily in the ordinary course of business of the debtor and creditor. [read post]
4 Aug 2006, 8:54 am by Frodnesor
In defense, the bank creditor/defendant contended that the payments were made "according to ordinary business terms" (but not necessarily in the ordinary course of business of the debtor and creditor. [read post]
17 Jan 2019, 6:18 am
 Related research from the Program on Corporate Governance includes A Capital Market, Corporate Law Approach to Creditor Conduct by Mark J. [read post]