Bear in mind that this diary of phone calls is not admissible in court, but it can act as a reference when compiling
the case against your creditor.
Not exact matches
According to law, unless the
creditors file a
case in the court, they are not allowed to take action
against people who have gone bankrupt.
The bankruptcy filing stayed all
creditors» actions
against Kratz, though, freezing the
case.
In the
case that you can not manage your loan, this provides the
creditor protection
against their investment.
In some
cases we will file separate charges with the Federal Trade Commission and Bureau of Financial Protection
against each Credit Bureau and each individual
creditor.
It would be untrue to say the
creditors everywhere are sticking by the rules, and an increasing number of
cases are being taken by consumers
against their
creditors.
Exemption laws have been enacted by every state as well as the federal government to protect the property of debtors
against the claims of judgment
creditors and, once a bankruptcy
case is filed, the trustee.
The instant the
case is filed, your
creditors are prohibited from taking collection action
against you... even a foreclosure is frozen.
Under New York law, a judgment
creditor may then garnish 10 % of gross wages, put a lien
against real estate (but not actually sell the real estate, if it is the debtor's residence, in most
cases) and seize bank accounts if the balance is over $ 1,740.00.
If you don't show up in court or you do appear but lose your
case, the
creditor wins a judgment
against you to garnish your wages or bank account.
All you need is one «unreasonable»
creditor to sue you, get a wage attachment, or put a lien
against your house and you will be forced, in most
cases, to file bankruptcy to protect your property.
If you don't show up to court or you lose your
case, the
creditor automatically wins a judgment
against you to garnish your wages or bank account.
It may be the
case that one of the
creditors that you owe money to will be able to succeed in getting a county court to rule
against you.
However, legitimate debt relief companies like Freedom Debt Relief offer third party legal representation options in
case a
creditor attempts to take legal action
against you.
In some
cases, their
creditors were even considering taking legal action
against them.
In both
cases, if a
creditor has taken collection action
against you (even the Canada Revenue Agency) or has imposed an enforcement measure such as a wage garnishment or frozen your bank account, this is stopped once a bankruptcy or consumer proposal is filed.
Assuming that you filed no other
cases in the last 12 months, an automatic stay goes into effect, which prevents your
creditors from taking any actions
against you.
This stay prevents your
creditors from taking any collection action
against you during your
case.
Thanks to bankruptcy's automatic stay,
creditors are prohibited from making any collection actions
against you while your
case is pending.
The
case concerned a compromise under Part 14 of the Companies Act 1993 that was set aside by the High Court on the basis that the challenging
creditors, who had voted
against the compromise, had been unfairly prejudiced by the decision to call only one meeting of
creditors.
Judgment
creditor: A person who has won his
case against a debtor but who has not yet collected his debt.
In 2008, another federal court harshly dismissed his claims for violations of the Fair Credit Reporting Act
against two other
creditors, noting that Flury had «filed eleven lawsuits
against various defendants over the last four years, and with the exception of one
case that ended in a default judgment, plaintiff has voluntarily dismissed every action once the defendant moved to dismiss the
case or otherwise responded to the complaint.»
A judgment lien is a court ordered claim
against real property, usually after a
creditor has sued and obtained a judgment in the
case.
Just before Christmas the Ontario Court of Appeal released a split, 3 - 2, decision in a
case that pitted the privacy rights of judgment debtors
against the execution rights of judgment
creditors.
The automatic stay, which takes effect as soon as a bankruptcy
case is filed, prevents
creditors from taking any collection action
against the filer.
Petitioning
creditors in involuntary bankruptcy filings need to be aware that they can be subject to having to pay a debtor's attorney's fees for obtaining a dismissal of the
case and also may have to pay bad faith damages (both compensatory and punitive) as well as debtor's fees for prosecuting the bad faith damages
case against petitioning
creditors.
«Timminco in this
case you have competing
creditors — the pension funds up
against a secured lender but not a DIP lender — in Quebec under Quebec law and DIP lenders always have a «super priority.
This might be the best option in
case you owe several
creditors and so are unable to protect yourself
against a plastic card company's lawsuit because of dire financial circumstances.
Just as if you bifurcated your bankruptcy
case, you'd continue to have protection
against collection efforts from your
creditors.