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    Debt collection and insolvency: is it all about money?
    2015-06-19

    Introduction
    Measures against abusive insolvencies

    Filed under:
    Switzerland, Company & Commercial, Insolvency & Restructuring, MLL Legal Ltd, Debtor, Debt collection
    Authors:
    Sabina B. Schellenberg , Stéphanie Oneyser
    Location:
    Switzerland
    Firm:
    MLL Legal Ltd
    Statute of limitation will apply to claims confirmed in loss certificates older than 20 years
    2016-12-09

    A creditor of a debt in Switzerland can file a debt collection request against the debtor to enforce its claim. The debt collection proceedings will eventually lead to the seizure of the debtor's assets. If the enforcement proceedings are unsuccessful and the debtor's assets are insufficient to cover the creditor's claim, the debt collection authorities will issue a loss certificate confirming the part of the claim which was not covered by the proceeds.

    Loss certificate

    Filed under:
    Switzerland, Company & Commercial, Insolvency & Restructuring, MLL Legal Ltd, Debt collection
    Authors:
    Sabina B. Schellenberg , Stéphanie Oneyser
    Location:
    Switzerland
    Firm:
    MLL Legal Ltd
    Amendments to the Insolvency Restructuring and Foreclosure Procedures (Law No 7101)
    2018-05-17

    Introduction

    Law No 7101 on Amendments to the Enforcement and Bankruptcy Law and Other Laws (“Law No 7101”) has been published in the Official Gazette dated 15 March 2018. Law No 7101 i) abolishes the postponement of bankruptcy procedures, ii) introduces a new composition procedure for insolvent companies and iii) improves secured creditors’ rights in bankruptcy.

    Lifting of Postponement of Bankruptcy

    Filed under:
    Turkey, Insolvency & Restructuring, CMS Reich-Rohrwig Hainz, Bankruptcy, Foreclosure, Debt collection
    Authors:
    Döne Yalçin , Erdem Süral
    Location:
    Turkey
    Firm:
    CMS Reich-Rohrwig Hainz
    Turkey Updates Rules for Movable Pledges and Assignments
    2018-03-22

    Turkey has updated rules related to pledges on movable assets. Notably, all future legal interests in a movable asset will now be directly covered by a pledge, together with the movable asset. If a production process is pledged together with a movable asset used in the process, the pledge will now be deemed to have been automatically established.

    The Law Amending Certain Laws for Enhancing the Investment Environment number 7099 (“Omnibus Law”) was published in Official Gazette number 30356 on 10 March 2018.

    Filed under:
    Turkey, Company & Commercial, Insolvency & Restructuring, Moroğlu Arseven, Debt collection
    Authors:
    E Seyfi Moroglu , C. Hazal Baydar
    Location:
    Turkey
    Firm:
    Moroğlu Arseven
    Winding-up your corporate debtor
    2009-02-18

    The threat of insolvency proceedings against a corporate debtor can greatly assist a creditor's primary objective of getting paid, preferably in advance of everyone else. This is particularly so where the debtor is prevaricating but there is no genuine dispute that the sum in question is due and owing. Although the courts decry the use of the winding-up procedure as a means of debt collection, it is often a very effective tool.

    Consider the following when faced with a corporate debtor who is refusing, without genuine reason, to settle its debts:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Gowling WLG, Costs in English law, Debtor, Injunction, Advertising, Debt, Liability (financial accounting), Liquidation, Balance sheet, Debt collection, Secured creditor, Liquidator (law), Insolvency Act 1986 (UK)
    Authors:
    Clark Sargent
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    “Birds of Prey?”: No Sanctions Over Huge Volume of Lash & Wilcox BK Filings But “Additional Due Diligence” Ordered
    2019-03-07

    It will come as no surprise to avid readers of TCPAWorld.com that some folks may take offense to the tactics of Lash & Wilcox.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Telecoms, Squire Patton Boggs, Due diligence, Debt collection, Telephone Consumer Protection Act 1991 (USA)
    Location:
    USA
    Firm:
    Squire Patton Boggs
    A Systematic Plan for Debt Collection
    2019-02-18

    There is nothing quite like obtaining a new customer or getting a new big sale - the prospect of recurring revenue from a new source, the validation of business strategy, or the culmination of a successful negotiation.

    However, there is nothing more disheartening than when a new customer is unable or unwilling to pay forthe product you just shipped or services you just provided. Perhaps there is one thing that is worse, when a long-term customer fails to pay.

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Foster Swift Collins & Smith PC, Due diligence, Debt collection
    Authors:
    Scott A. Chernich , Patricia J. Scott
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    Lone Court Decision Complicates Question Regarding Effect of Bankruptcy Under WVCCPA
    2018-11-15

    The West Virginia Consumer Credit and Protection Act (“WVCCPA”) is a remedial statute designed to protect West Virginia consumers from improper debt collection. Only “consumers” have standing to file a lawsuit under the WVCCPA. The term “consumer” is defined as a natural person that owes a debt or allegedly owes a debt. But does a person still owe debt if that debt was discharged by a bankruptcy court? Although there is some conflicting case law in West Virginia, an answer is forming.

    Filed under:
    USA, Virginia, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Debtor, Consumer protection, Debt, Foreclosure, Standing (law), Debt collection, Bankruptcy discharge, Circuit court
    Authors:
    Andrew B. Buxbaum , David M. Gettings , David N. Anthony , David Asbury
    Location:
    USA
    Firm:
    Troutman Pepper
    Latest State Action: Washington AG Sues Debt Collectors
    2018-10-24

    Demonstrating heightened enforcement efforts by some state regulators, Washington Attorney General Bob Ferguson filed suit against a pair of debt collection companies and their owner, asserting the defendants were operating without a license in violation of state law.

    The lawsuit is only the latest example of state attorneys general (AGs) stepping in to fill the void as the Bureau of Consumer Financial Protection (CFPB) has slowed down its enforcement efforts.

    What happened

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Manatt Phelps & Phillips LLP, Fintech, Debt collection, Consumer Financial Protection Bureau (USA)
    Authors:
    Richard P. Lawson , Charles E. Washburn, Jr.
    Location:
    USA
    Firm:
    Manatt Phelps & Phillips LLP
    Back to Basics, Continued—Conspiracy to Commit Bankruptcy!*
    2018-09-05

    Bankruptcy is always a hot topic among consumer creditors. After all, it is the “necessary evil,” which all lenders learn to address—sooner or later. I want to take a moment to address the aspect of bankruptcy being used as a sword and not a shield as it was intended by Congress.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Sirote & Permutt PC, Debt collection, United States bankruptcy court
    Authors:
    Maurice L. Shevin
    Location:
    USA
    Firm:
    Sirote & Permutt PC

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