Posts Tagged ‘commercial collection agencies’

Bankruptcy: Automatic Stay And How It Protects You From Creditors

Tuesday, March 9th, 2010

The moment that a petition for bankruptcy is filed, U.S. Bankruptcy Code imposes something called an automatic stay. The automatic stay will generally prevent the enforcement, commencement, or appeal of actions and judgments against a debtor from the creditors they owe money to who are trying to collect these debts incurred prior to the bankruptcy petition. The automatic stay also protects property of the bankruptcy estate itself from collection actions and proceedings.

Any action that a creditor might take that violates the automatic stay will be voided out. Any violation of the stay might cause the violating party to have damages assessed to them. But, like every complicated law, there are exceptions. A creditor might be allowed to take their collateral if they obtain permission from the court first. They will get this by filing a motion for relief from the automatic stay.

The court will either grant the motion or provide security to the creditor, ensuring that the value of their collateral won’t decrease during the stay. Without the protection of the automatic stay creditors could hypothetically race to the courthouse in order to improve their positions against a debtor. If this happened, and let’s say that a debtor’s business was facing just a temporary crunch, it might not survive a “run” by creditors when their business could otherwise be salvaged. A run may also result in waste and it might be unfair to similar creditors that are owed money too.

There are three kinds of avoidance actions, and all of these try to cut down on the risk of the legal system encouraging the downfall of a debtor who is financially unstable and who hasn’t declared bankruptcy yet. The bankruptcy system will usually reward creditors who continue extending financing to debtors and will discourage creditors from ramping up their debt collection efforts.

Despite the fact that these rules are seemingly simplistic, a number of exceptions exist for each type of avoidance action.

Mallory Megan is employed by a debt collection agency. She also writes stories on business and finance, consumer spending, and collection agencies.

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Spanish Debt Collection Company Humiliates Debtors Into Paying Up

Tuesday, March 2nd, 2010

Would you be mortified if a man in a tuxedo and a top hat followed you into a restaurant and silently joined your lunch date? How about a three men with more to love dressed up like superheroes begging your neighbors for donations to help you in your financial situation?

In Madrid, make sure that your bills are paid or you might be visited by one of these crazy characters. The recession has slammed Spain. Official figures show that the unemployment rate has sky rocketed, reaching 19.3 percent. That\’s one of the highest rates in Europe. About four million people aren\’t working. That\’s the same number of jobless people as France and Italy combined. One business is flourishing however, that business is debt collection.

Spanish law is pretty lax when it comes to debt payment. They allow 95 days to settle bills unlike the 30 in other parts of Europe. This, coupled with the fact that Spanish courts give the matter low priority put collection agencies in high demand.

One company, El Cobrador del Frac – which translates as \”The Debt Collector in Top Hat and Tails\” – has more than 250 collectors, and an equal number of investigators and secretaries.Their goal is to work out some deal and retrieve money, not to run after people without the means to pay.

For the company, the new and most popular business is coming from constructive trade which is suffering from a huge slowdown. Homeowners owe money to contractors, contractors owe money to construction companies, construction companies owe equipment makers, and so forth and so on.

Last year, the agency was contacted by a wedding company who had a couple who did not pay the $83,000 bill for their extravagant wedding. The agency got their hands on a wedding guest list and began calling up guests one by one on the phone and asking them if they had the chicken or the lobster, and then asked them where to send the bill. Eventually the shamed couple paid up.

These ideas are interesting, (I guess that\’s one way to describe it) but they won\’t be this effective in due time. In this time of crisis, too many people have debts and they honestly can\’t pay. And to these people, it doesn\’t matter how much you humiliate them.

Mallory Megan works for a debt collection company. Also she composes stories about finance and business, consumer spending and debt collection.

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Posted in Debt Consolidation | No Comments »