Sentences with phrase «actions of the debtor»

Not exact matches

The documents resemble statements of claim in every respect (aside from the word «draft» stamped across the top) and lead debtors to believe they are facing legal action when in fact no litigation has been filed.

It was found the collection tactics were inherently aggressive, inflexible, and targeted debtors with severe action regardless of their financial situation.

The master praises this dishonest steward for his «prudence» in seeking to gain the friendship of his master's debtors by reducing their debt, even though the master himself will suffer financially from the actions of his soon to be ex-steward.

The best course of action for many debtors like you could be to file bankruptcy.

This recent action and the fact the Department of Education has not approved Borrower Defense claims leads me to wonder where is any proof the Department of Education gives a damn about student loan debtors.

From the recent actions to remove critical information from consumer notices to wanting to get a single loan servicer to handle all federal loans, the current incarnation of ED seems to be moving in a direction that provides less support and help for debtors.

Despite Madigan's actions to cover debtors with private education loans, a large majority of federal student loan borrowers have not received the benefit.

During a recent debtor legal action, we became painfully aware that any money we put in our cushion fund is liquid and therefore at immediate risk of being appropriated.

After the initiation of Chapter 7 or Chapter 13 Bankruptcy an automatic stay will stop creditor collection actions against the debtor by credit agencies.

ICFE DCCS ® Independent Study Guide Table of Contents Consumer Financial Protection Bureau to oversee debt collectors Collection agencies and junk debt buyers - Mini-Miranda What to do if a debtor is contacted about past debts Sample cease and desist letter Fair Debt Collection Practices Act Summary from the CFPB Debt that is covered Debt Collectors that are covered Debt Collectors that are NOT covered Debt Collection for Active and Veteran Military Personnel Communications connected with debt collection When, where and with who communications is permitted Ceasing Communication with the consumer Communicating with third parties Validation of debts Prohibited Practices: Harassing or abusive Practices False or misleading representations Unfair Practices Multiple debts Legal Actions by debt collectors Furnishing certain deceptive forms Civil liability Defenses CFPB / FTC staff's commentary on the FDCPA Common debt collector violations How to document a collector's abusive behavior What to do if a collector breaks the law How collectors are trained - examples of collector training courses FDCPA Sample Exam from ACA for Collectors How collectors are using Social Medias in collections Dealing with creditors and third party collectors Other factors for a debtor in collection: Credit reports and scores Reviewing credit reports with debtors - Permissible uses Rules about credit decisions and notices Debtor education about credit reports and FICO scores Specialty Report Providers Rules to protect consumers in credit card debt How to read and understand credit reports How to make changes or dispute accuracy Freezing Credit Files FCRA / FACTA Provisions of ID Theft victims How credit scoring works The Credit Card Accountability and Disclosure Act Credit Rules CFPB rules establish strong protections for homeowners facing foreclosure Other Resdebtor is contacted about past debts Sample cease and desist letter Fair Debt Collection Practices Act Summary from the CFPB Debt that is covered Debt Collectors that are covered Debt Collectors that are NOT covered Debt Collection for Active and Veteran Military Personnel Communications connected with debt collection When, where and with who communications is permitted Ceasing Communication with the consumer Communicating with third parties Validation of debts Prohibited Practices: Harassing or abusive Practices False or misleading representations Unfair Practices Multiple debts Legal Actions by debt collectors Furnishing certain deceptive forms Civil liability Defenses CFPB / FTC staff's commentary on the FDCPA Common debt collector violations How to document a collector's abusive behavior What to do if a collector breaks the law How collectors are trained - examples of collector training courses FDCPA Sample Exam from ACA for Collectors How collectors are using Social Medias in collections Dealing with creditors and third party collectors Other factors for a debtor in collection: Credit reports and scores Reviewing credit reports with debtors - Permissible uses Rules about credit decisions and notices Debtor education about credit reports and FICO scores Specialty Report Providers Rules to protect consumers in credit card debt How to read and understand credit reports How to make changes or dispute accuracy Freezing Credit Files FCRA / FACTA Provisions of ID Theft victims How credit scoring works The Credit Card Accountability and Disclosure Act Credit Rules CFPB rules establish strong protections for homeowners facing foreclosure Other Resdebtor in collection: Credit reports and scores Reviewing credit reports with debtors - Permissible uses Rules about credit decisions and notices Debtor education about credit reports and FICO scores Specialty Report Providers Rules to protect consumers in credit card debt How to read and understand credit reports How to make changes or dispute accuracy Freezing Credit Files FCRA / FACTA Provisions of ID Theft victims How credit scoring works The Credit Card Accountability and Disclosure Act Credit Rules CFPB rules establish strong protections for homeowners facing foreclosure Other ResDebtor education about credit reports and FICO scores Specialty Report Providers Rules to protect consumers in credit card debt How to read and understand credit reports How to make changes or dispute accuracy Freezing Credit Files FCRA / FACTA Provisions of ID Theft victims How credit scoring works The Credit Card Accountability and Disclosure Act Credit Rules CFPB rules establish strong protections for homeowners facing foreclosure Other Resources

Filing Chapter 7 or Chapter 13 Bankruptcy does not discharge all debts including student loans, current tax obligations, debts from willful and malicious injuries to persons or property, debts for personal injuries caused from the debtor's operation of a motor vehicle while under the influence of alcohol or drugs, debts from fraudulent actions, Debts that were not included in the bankruptcy schedules in time to allow creditors to file proofs of claim (unscheduled debts), and child support or spousal support.

The complaint filed by the debtor in a cramdown action usually seeks to determine the value of -LSB-...]

As part of a Chapter 13 action, in which the court orders a repayment plan for the debtor to complete over several years, the second mortgage is stripped from the home and viewed in the same way as unsecured debt, such as credit card and medical bills.

Failure to pay an unsecured debt presents many uncertainties for the debtor, as lenders and collection agencies may pursue different courses of action.

Through court action, a debt collector can gain authority to garnish wages or a bank account, or place a lien on a debtor's property, which effectively prevents transfer of title.

Potential bankruptcy debtors should understand that if they file a case, and the debtor has debts that may fall into one of the above - mentioned categories, the real impact of these non-dischargeability provisions are that if the debtor believes that the debt should be discharged, it is up to the debtor to bring an action in bankruptcy court, after the debtor has received her general discharge, to determine whether the debt in question is discharged.

And if the debtor does, indeed, bring the action to determine dischargeability, the debtor also has the burden of proving that the debt is subject to discharge - the creditor does not have to prove the debt is not dischargeable.

However uncomfortable it may be to have to deal with the situation, when debts are authentic and legitimately overdue, ignoring them is not an ultimately successful option — some sort of action must be undertaken by the debtor to remedy the situation and thereby avoid the grim consequences of default.

Such collectors may not, for example, contact debtors at odd hours, subject them to repeated telephone calls, threaten legal action that is not actually contemplated, or reveal to other persons the existence of debts.

The debt consolidation company works with the debtor to create a plan of action for the debt.

The creditor may either continue the collection process using third party debt collectors, sell the account to a third party debt buyer, or (if the debt is greater than $ 600) file a Form 1099 with the IRS, reporting the debt as a «forgiven» debt (which is taxable as miscellaneous income to the debtor) and may even use a combination of these actions.

If the debtor is entitled to a refund and the creditor refuses to refund within a reasonable time, not to exceed 60 days, after written demand, including the filing of a legal action, the debtor shall recover a penalty of five times the amount of the actual economic damages not to exceed the finance charge, but in any event not less than one hundred dollars ($ 100).

The statute of limitations on debt collection is the amount of time a creditor has to take legal action against a debtor to sue them to collect for debts owed.

(a) The administrator may bring an action to restrain a creditor or a person acting in his behalf from engaging in any business subject to licensing under subsection (a) of Section 5-19-22 without first obtaining a license therefor as provided in Section 5-19-22 and a licensee or any person acting in his behalf from engaging in violations of this chapter or engaging in a course of fraudulent or unconscionable conduct in inducing debtors to enter credit transactions or in the collection of debts.

If the debtor is entitled to a refund and the creditor refuses to refund within a reasonable time, not to exceed 60 days, after written demand, including the filing of a legal action, the debtor shall recover twice the actual economic damages not to exceed the finance charge, but in any event not less than one hundred dollars ($ 100).

Except as set forth in subsection (a), no action may be brought by the debtor under this section based upon a violation of any provision of this chapter more than two years after the date the violation occurred; provided, however, this limitation shall not bar a debtor from asserting a violation of this chapter in an action brought by the creditor, as a matter of defense by recoupment or setoff in such action, if otherwise allowed by law.

According to Bankruptcy Basics, an overview of the United States Bankruptcy Code, a bankruptcy discharge «releases debtors from personal liability from specific debts and prohibits creditors from ever taking any action against the debtor to collect those debts.»

The primary consumer protection problem areas that have given rise to the States» actions include: (1) unsubstantiated claims of consumer savings; (2) deceptive representations about the length of time necessary to complete a debt relief program; (3) misleading or failing to adequately inform consumers that they will be subject to continued collection efforts, including lawsuits, and that their account balances will increase due to extended nonpayment under the program; (4) deceptive disparagement of consumer credit counseling; (5) deceptive disparagement of bankruptcy as an alternative for debtors; (6) lack of screening and analysis to determine suitability of debt relief programs for individual debtors; (7) the collection of substantial up - front fees so the debt relief company gains even if it fails to perform; (8) lack of transparency and information for consumers as to payment of fees, status of accounts, and communications with creditors; (9) significant delays in active negotiation or engagement with creditors, coupled with prohibitions on direct consumer communications with creditors; and (10), in the case of debt settlement companies, basing savings claims (and settlement fees) not on the original account balance, but on the inflated amount due (including late fees and default rates of interest) at the time of settlement.

Debts which are not eligible for discharge are listed under the Bankruptcy Code 11 U.S.C. § 523 and include fraudulent Actions, student loans (unless payment will impose an «undue hardship» to such an extent that the debtor will not be able to maintain even a minimal living standard), child and spousal support, current tax obligations, and debts from willful and malicious injuries to persons or property or debts for personal injuries caused from the debtor's operation of a motor vehicle while under the influence of alcohol or drugs.

Debtors who choose to pursue a FFELP discharge do not have a private right of action under 20 U.S.C. § 1087 in bankruptcy, but there is no prohibition on seeking a § 523 (a)(8) discharge.

The debtor will supply the trustee with a list of all legal actions against them (whether pending, started, or completed) and the parties involved are given notice that a filing for a proposal or a bankruptcy has been made and that the stay is in place.

The discharge is a permanent order prohibiting the creditors of the debtor from taking any form of collection action on discharged debts, including legal action and communications with the debtor, such as telephone calls, letters, and personal contacts.

His practice involves representing lenders, creditors, trustees, assignees for the benefit of creditors, and debtors in chapter 7 liquidation proceedings, chapter 11 reorganization proceedings, state court foreclosure actions, and out of court restructurings and liquidations.

He engages in a wide range of investment actions for investors, lenders and debtors and acts both for and against financial institutions in disputes with customers, merchants and regulators.

«I am not prepared to adopt, as the defendant's argue, a blanket principle that an Ontario court lacks jurisdiction to entertain a common law action to recognize and enforce a foreign judgment against an out - of - jurisdiction judgment debtor in the absence of a showing that the defendant has some real and substantial connection to Ontario or currently possesses assets in Ontario... No jurisprudence binding on me has expressly placed a gloss on that ability to assume jurisdiction by requiring the plaintiff to demonstrate that the non-resident judgment debtor defendant otherwise has a real and substantial connection with Ontario.»

This week's summaries concern: Citizenship / Limitations of actions / Civil Rights / Banks and Banking / Consumer Law / Creditors and Debtors

During his more than 30 - year career, he has represented a variety of major debtors in high - profile Chapter 11 cases, numerous class - action product liability settlements and statutory creditor representation with an assortment of major financial institutions and restructurings.

His extensive experience includes representation of lenders in connection with cash collateral disputes, debtor - in - possession financing, 363 sales, avoidance actions and the plan process.

The trustee's responsibilities include reviewing your petition to make sure it's complete and bringing actions against creditors or the debtor to recover property of the bankruptcy estate.

I have prosecuted and defended adversary cases within the United States Bankruptcy Court for both debtors and creditors involving dischargeability actions and claims of fraud.

David currently practices in the areas of commercial litigation, civil litigation, class actions, business disputes, real estate litigation, construction litigation, estate litigation, debtor & creditor litigation, academic and professional misconduct, and other areas.

I have practiced law since 2002 in five states and multiple jurisdictions, successfully guiding thousands of debtors through the bankruptcy process, representing clients in non-compete and contract enforcement actions, and handling numerous bench and jury trials.

The required action may include urgent equitable remedies to freeze assets and obtain disclosure of documents and information concerning the debtor's assets.

Mr. Hensley's litigation experience is broad in nature, encompassing such diverse practice areas as: real estate issues of almost any nature; construction defect litigation (both plaintiff and defense, representing developers, contractors, managers, subcontractors, and design professionals); federal and state securities class action / derivative defense; partnership / corporate governance issues; UCC / commercial paper / letter of credit issues; intellectual property / trade secret / unfair competition issues; wrongful termination / harassment trials; wage / hour class action defense; contract formation and interpretation issues; bankruptcy adversary proceedings; health care disputes; telecommunications issues; and debtor / creditor financing issues involving both secured and unsecured interests.

The firm's Sydney debtor and creditor attorney professionals will determine the most effective course of action to handle each case.

We will give the assistance needed whenever urgent action is required, such as if you suspect that your debtor is about to move all of his assets out of the jurisdiction or your trusted ex-employee has set up in competition stealing your key customers.

These two provisions may complicate efforts by divorce counsel to address any portion of the debtor's post-petition earnings in a separation agreement or property settlement agreement, particularly since actions taken in violation of the automatic stay may be void or voidable.

Amex Bank of Canada v. Adams et al. 2014 SCC 56 Banks and Banking — Constitutional Law — Consumer Law — Creditors and Debtors — Quebec Obligations Summary: This class action was authorized respecting repayment of the conversion charges imposed by Amex Bank of Canada on credit card and charge card purchases made in foreign currencies primarily on the basis that the conversion charges violated Quebec's Consumer Protection Act (CPA).

Bank of Montreal v. Marcotte et al. 2014 SCC 55 Banks and Banking — Constitutional Law — Consumer Law — Creditors and Debtors — Damage Awards — Damages — Practice — Quebec Procedure Summary: This class action and two others were launched, seeking repayment of the conversion charges imposed by several credit card issuing financial institutions (banks) on credit card purchases made in foreign currencies primarily on the basis that the conversion charges violated Quebec's Consumer Protection Act (CPA).

Where no cause of action is alleged against the person against whom the freezing order is sought, it is not necessary for the substantive claim against the cause of action defendant (i.e. the debtor) to be asserted in the jurisdiction where the Mareva order is sought against the NCAD;