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Showing 6 posts in Bankruptcy.

'Plus Loan' Proceeds Should not be Subject of Bankruptcy Trustee Avoidance Claims

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Bankruptcy court rules trustees can’t claw back, as fraudulent transfers, Plus Loans taken by parents for a child’s education. Continue Reading ›

Tags: Bankruptcy, Clawback, Department of Education (DOE)

Collecting Debt After Bankruptcy? An Ounce of Clarity in the FDCPA-Bankruptcy Quagmire

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Creditors must closely scrutinize Chapter 13 cases to understand what debts are being discharged and to update business records to ensure discharged debts are not pursued post-bankruptcy.  Continue Reading ›

Tags: Bankruptcy, Commercial Liability, Commercial Loans, Commercial Real Estate, Fair Debt Collection Practices Act

So You Think You're So Special? Detroit Sues 'Preferred' Creditors

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Companies consider legal options after lawsuits were filed against them by the City of Detroit seeking to recoup pre-bankruptcy payments. Continue Reading ›

Tags: Bankruptcy, Commercial Liability

Same Sex Marriage and the Bankruptcy Code: What Might This Mean?

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Following the U.S. Supreme Court's historic ruling on same sex marriage, federal and state lawmakers must play catch up to revise major statutes, including the U.S. Bankruptcy Code. Continue Reading ›

Tags: Bankruptcy

Fair Credit Reporting Act Post-Bankruptcy Claims - One Less Thing to Worry About

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Court rules that bank, which accepted a borrower's voluntary payments post-bankruptcy and opted not to foreclose its security interest in the mortgage, did not violate the FCRA by reporting the loan as closed on the borrower's credit report. Continue Reading ›

Tags: Bankruptcy, Commercial Loans, Fair Credit Reporting Act, Mortgage Foreclosure

Rely on Insurance Proceeds to Pay For Your Business’ Services? Look at Your Contract!

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Include language in standard contracts to maximize the likelihood your company is paid in the event of a customer's financial distress or bankruptcy. Continue Reading ›

Tags: Bankruptcy, Commercial Liability, Contracts, Insurance, Uniform Commercial Code (UCC)
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