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Creditor rights in bankruptcy Be heard by the court in matters concerning the debtor's plan (in chapters 11, 12, and 13), the liquidation of the debtor's non exempt assets, and payments from the assets of the estate. Secured creditors have the best chance of getting relief from the automatic stay or "adequate protection payments" to prevent a decline in the equity available to secured their claim. Creditors are entitled to question the debtor under oath about assets, liabilities and financial history at the first meeting of creditors or by separately scheduled examinations under Rule 2004 of the Federal Rules of Bankruptcy Procedure. www.moranlaw.net /creditor.htm   (611 words)

Creditor's Rights   (Site not responding. Last check: 2007-10-13) A creditor may seek a judgment to except his debt from the discharge by filing a nondischargeability complaint with the bankruptcy court. These debts are discharged unless the creditor timely files a complaint (objecting to discharge) on or before 60 days from the first date set for the creditor's meeting. Creditor participation is important to stop the cycle of repetitive cases. mywebpages.comcast.net /wmetzen130031/creditor's_rights.htm   (750 words)

Civil Resource Manual 68 The Government as Secured Creditor For example, a secured creditor who successfully moves from the appointment of a trustee may be liable for all the trustee's costs and expenses when the creditor knows that the estate has no assets other than the collateral and the creditor has not sought relief from the stay. The minimum formulation of the secured creditor's constitutional right is that the value of the collateral at the time of the filing of the petition may not be injured by the debtor or by powers derived from the Bankruptcy Code. As a practical matter, however, the secured creditor may be forced to carry the burden, where pertinent, of showing that reorganization is impossible, especially at the outset of a bankruptcy proceeding when the bankruptcy court is likely to be sympathetic to efforts to rehabilitate. www.usdoj.gov /usao/eousa/foia_reading_room/usam/title4/civ00068.htm   (3677 words)

Fair Credit Billing The creditor may not threaten your credit rating or report you as delinquent while your bill is in dispute. Any creditor who fails to follow the settlement procedure may not collect the amount in dispute, or any related finance charges, up to $50, even if the bill turns out to be correct. Creditors are permitted to set some reasonable rules for making payments, say setting a reasonable deadline for payment to be received to be credited on the same date; and www.ftc.gov /bcp/conline/pubs/credit/fcb.htm   (1452 words)

Schuh & Goldberg: Ohio Lawyers, Bankruptcy, Creditor, Chapter 7, Chapter 13 After the 1st case is dismissed the creditor starts to close in on the collateral to which the debtor responds with the 2nd Ch. If the creditor is unsure about whether it will be held in contempt for taking a certain action, we recommend that you get into court on an expedited basis to get a speedy decision to the controversy so that any damages to the debtor are kept to a minimum. Creditors can also sometimes find a way out of the res adjudicata effect of plan confirmation if the plan proposed to do something that could only be done by the filing of an adversary proceeding. www.schuhgoldberglaw.com /creditor.html   (5736 words)

Selected Topics in Creditor's Rights   (Site not responding. Last check: 2007-10-13) The creditor bears the burden of showing conversion to Chapter 11 will benefit all of the parties in interest and the decision on whether to convert is left to the sound discretion of the trial court. A creditor with an interest in the lease does not have standing to raise a section 365(d)(4) contention that the property covered in the lease is not part of the bankruptcy estate. For the second set of creditors, if the debtor knows of the creditor and fails to list and schedule the creditor, the claim is not discharged by the bankruptcy proceeding, unless the creditor receives notice or has actual knowledge of the filing of the bankruptcy in time to file a proof of claim. www.finkellaw.com /art_creditor.htm   (17930 words)

Creditor Encyclopedia Article, Information, History and Biography @ WWWebster.com   (Site not responding. Last check: 2007-10-13) The term creditor is frequently used in the financial world, especially in reference to short term loans, long term bonds, and mortgages. The term creditor derives from the notion of credit. In modern America, credit refers to a rating which indicates the ability of a borrower and likelihood to pay back his or her loan. www.wwwebster.com /encyclopedia/Creditor   (279 words)

NAIC Creditor-Placed Insurance Model Act In fact, from a creditor's point of view, tracking and notification expenses are most needed for its other customers who let their coverage lapse only temporarily and for those who would let their coverage lapse if it were not for the tracking. Creditors can thus include balloon payment agreements in the fine print of the loan contract, and the full five year premium plus financing costs could be due as a balloon at the end of the loan term. One reason why creditors favor balloon payments and long policy erms is that financing creditor-placed insurance premiums is more lucrative than financing the original car loan because the interest rate is the same but financing the insurance premium is a far less risky loan. www.consumerlaw.org /initiatives/test_and_comm/testnaic.shtml   (5116 words)

Creditor Creditors can be classified as either "personal" or "real". Those people who loan money to friends or family are personal creditors. When creditors are notified of bankruptcy proceedings, they have a couple of options with respect to their claim against the debtor: www.investopedia.com /terms/c/creditor.asp   (265 words)

Creditor Information: Purpose And Effect of a Proof of Claim If a creditor wants to be paid from the Chapter 13 bankruptcy estate, he or she must file a Proof of Claim. It may be executed by the creditor or by the creditor's authorized agent. Another party in interest, such as the debtor, the trustee, or a third party that is jointly liable with the debtor on the debt to the creditor, also may file a claim on behalf of the creditor. www.13law.com /creditorinformation   (569 words)

Bankruptcy and the Secured Creditor   (Site not responding. Last check: 2007-10-13) Secured creditors should be particularly wary of plans in which the debtor attempts to undervalue the secured creditor's collateral during the reorganization, limit the secured creditor's claims to the collateral value and sell the collateral either as part of the plan or after confirmation to another third party. Trustee as Hypothetical Lien Creditor - § 544(a)(1). If a lease is rejected, the creditor has pre-petition claim for damages which is limited under § 502(b)(6) to the past due rent plus the rent reserved by the lease for the greater of one (1) year or fifteen percent (15%) of the remaining term of the lease, not to exceed three (3) years. library.findlaw.com /2000/Jun/22/130692.html   (10752 words)

Equal Credit Opportunity Act - Full Text A creditor shall not inquire whether income stated in an application is derived from alimony, child support, or separate maintenance payments unless the creditor discloses to the applicant that such income need not be revealed if the applicant does not want the creditor to consider it in determining the applicant's creditworthiness. A creditor shall mail or deliver a copy of the appraisal report promptly (generally within 30 days) after the creditor receives an applicant's request, receives the report, or receives reimbursement from the applicant for the report, whichever is last to occur. The creditor shall inform the applicant(s) that the information regarding race or national origin, sex, marital status, and age is being requested by the Federal government for the purpose of monitoring compliance with Federal statutes that prohibit creditors from discriminating against appliants on those bases. www.cardreport.com /laws/ecoa.html   (7439 words)

Creditor Contacts   (Site not responding. Last check: 2007-10-13) If a creditor contacts you after you have returned your worksheet but before your case is filed, the proper thing to do is to tell them that your attorney has instructed you not to discuss any financial matters with any other party and ask them to call us directly at the office. If a creditor contacts you by telephone you should tell them your case number, the name of your attorney and the date of your 341 meeting, that should stop their telephone calls. After your case has been concluded, if a creditor should call you, what you should do is send them a copy of your discharge notice as well as a copy of the page listing them as a creditor and this will cause them to no longer contact you. www.gordonandboykin.com /creditor.htm   (343 words)

"Creditor" Defined A creditor is someone who has a right to require the fulfilment of an obligation or contract. As an example may be mentioned the case of the United State; when they are creditors they have always a preference in case of insolvent estates. A creditor sometimes becomes so unknown to his debtor, as is the case when the former receives an assignment of commercial paper, the title to recover which may be conveyed either by endorsement or, in some cases, by mere delivery. www.lectlaw.com /def/c150.htm   (168 words)

Federal Trade Commission A creditor in any state may ask for this information if you apply for a joint account or one secured by property. For example, a creditor cannot count a man’s salary at 100 percent and a woman’s at 75 percent. The creditor must give you a notice that tells you either the specific reasons for your rejection or your right to learn the reasons if you ask within 60 days. www.ftc.gov /bcp/conline/pubs/credit/ecoa.htm   (1342 words)

CREDITOR CLAIMS IN PROBATE, HOMESTEAD, EXEMPT PROPERTY, ALLOWANCES, If not very careful, the secured creditor may find that by inaction or by otherwise failing to properly elect, the law has made an election for her and she is restricted in her recovery to the value of the property securing the debt. As indicated, if a creditor is a secured creditor, the creditor will have to affirmatively elect, in the proper form and within the statutory time periods, matured status, or the creditor may find that his security, inadequate though it may be, will be all to which he is entitled. An unsecured creditor who has a claim for money against an estate and receives a notice under Section 294(d) shall give notice to the independent executor of the nature and amount of the claim not later than the 120th day after the date on which the notice is received or the claim is barred. www.trustsandestates.net /EPForms/Claims.htm   (13626 words)

Creditor Matrix The name and address of each creditor cannot be more than 5 lines. If a record is more that 5 lines, the 6th line will be combined with line 5 and the 7th or 8th lines will be truncated. Each creditor must be separated by at least one blank line. www.wiw.uscourts.gov /bankruptcy/creditor_matrixes.htm   (663 words)

Jaques Law Office - Saskatchewan Debtor/Creditor Law   (Site not responding. Last check: 2007-10-13) If the creditor feels the Trustee wrongly excluded their claim, or wrongly approved another claim, they may apply to the court. A creditor can also object, on certain complex grounds, that the discharge should not be granted at all or in part, or that there should be conditions attached. If the creditors reject it or if the debtor fails to comply with it, then the bankruptcy of the debtor is automatic. www.hierlaw.com /debt.shtml   (1116 words)

Creditor News Eric Creditor and Chris Kramer, co-founders of Drivers Ed Direct, a California driving school that is revolutionizing the drivers' education industry, strive... If the creditor is an insider, associate or affiliate of the issuer, the identity of the creditor and its relationship with the issuer must be disclosed. She said the country is bound by its contractual obligations to creditor countries but that recent developments in international law concerning debt relief... bankruptcy.mongabay.com /Creditor.html   (2986 words)

The FTC Talks about Creditor Compliance This was our first case against a creditor; holding the creditor responsible for its debt collectors' conduct in situations where the creditor knew and approved of the debt collectors' misconduct or alleged misconduct. In a sense, a creditor who refers accounts to a collection agency is probably more likely to find out about the misconduct than the creditor that sells the accounts because they have a closer ongoing relationship. Also, if the creditor concludes that the agency is violating the law and the agency refuses to change its ways, the creditor (and again, we're talking a mixture of policy and law), should terminate that collection agency as an ultimate remedy. www.resourcemanagement.com /FTC_talks.html   (3814 words)

Norwood Financial Services A creditor shall not inquire about the race, color, religion, national origin, or sex of an applicant or any other person in connection with a credit transaction, except as provided in paragraphs (b)(1) and (b)(2) of this section. A creditor may inquire about the race, color, religion, national origin, or sex of an applicant or any other person in connection with a credit transaction for the purpose of conducting a self-test that meets the requirements of §202.15. A creditor may request that an applicant list any account on which the applicant is contractually liable and to provide the name and address of the person in whose name the account is held. www.norwoodgrp.com   (1315 words)

Credit Card Debt Help Creditors offer enticing interest rates to join or to transfer balances from an existing creditor or credit card. A creditor or bank earns fees by loaning people money and charging them at a high interest rate. A debt settlement company negotiates with a creditor on your behalf to eliminate credit card debt. www.knockoutdebt.com /credit-card-debt/index.aspx   (554 words)

Debtor Creditor Section A message will be sent to the Debtor Creditor list serve when the page is ready for viewing. The goal is to alert section members to changes in forms and rules, court opinions, and other developments, so that members will need to check the site only when my email advises of something they feel they need to know. These reports are sent to section members through the Debtor Creditor Section email list, and are collected here. osb-dc.org   (346 words)

FirstAssist - Creditor   (Site not responding. Last check: 2007-10-13) Creditor or Payment Protection Insurance (PPI) covers the repayments of a borrower under a credit agreement and, depending on the product and terms, will pay: Creditor is normally sold by a wide variety of lenders to customers applying for credit and protects the financial interests of both parties to the advance and the consequences of the customer’s inability to meet repayments because of the occurrence of an insured event. At FirstAssist, we have many years experience of writing Creditor and have significant client relationships across the bank and building society sector and with other lenders. www.firstassist.co.uk /creditor/index.jsp   (309 words)

Creditor Web Directory and Resources   (Site not responding. Last check: 2007-10-13) creditor definition - a creditor is a person or institution that loans money or something of value with the expectation of... Includes the most comprehensive investing dictionary on the web as well as articles and tutorials on nearly any aspect of the market. A creditor may ask you to voluntarily disclose this information... www.guideforcredit.com /creditor   (686 words)

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