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July 2008

Post Judgment Remedies: What To Do When All Seems Lost

If a creditor believes a debtor owns assets that it refuses to apply to the satisfaction of the judgment, a creditor can obtain an order requiring the debtor to appear in court and answer questions regarding those assets.

−Post Judgment Remedies: What To Do When All Seems Lost

Obtaining a judgment is only the initial hurdle in collecting a debt. On many occasions, a Writ of Execution will be returned by the Sheriff unsatisfied. The initial response may be to cease collection efforts. However, there are several mechanisms provided for by the law to assist creditors in their post-judgment collection efforts. These methods can be used to identify assets and even expose additional individuals and entities that can …Read More

How To Manage Bankruptcy Issues As A Creditor

For suppliers of goods and services, nothing may be more unsettling than discovering that a customer has filed for bankruptcy.

−How To Manage Bankruptcy Issues As A Creditor

Preferential Transfers in Bankruptcy: How to Minimize the Preference Risk For suppliers of goods and services, nothing may be more unsettling than discovering that a customer has filed for bankruptcy. To add insult to injury, there is a risk that any recently received payment or settlement might be recaptured by the bankruptcy trustee as a preferential transfer or “preference”. Do not give up on issues in bankruptcy thinking that creditors …Read More

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