While enforcing judgments there are many special issues to consider.
Bankruptcy is the most common issue that needs to be taken into consideration. Upon the filing of any bankruptcy it is important that all collection activities are stopped due to the rules of the automatic stay. The automatic stay prohibits the beginning or continuing of collection calls, among other things, against the debtor unless a judge lifts the stay, the debtor gets discharged or the item of property is no longer property of the estate. This video reviews the penalty that can be imposed upon the creditor if they continue the collection efforts; as well as foreign judgments, and the Fair Debt Collection Practices Act.
Jason R. Canvasser
Clark Hill PLC
- Senior attorney at Clark Hill PLC in the litigation practice group
- Practice areas include general litigation, with an emphasis on commercial litigation
- Rising Star by Super Lawyers magazine, 2015-2016
- Member of the Wayne State Law Review
- J.D. degree, Wayne State University Law School; B.A. degree in political science, University of Michigan, Ann Arbor
- Can be contacted at 313-965-8257 or [email protected]
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