Showing posts with label claims. Show all posts
Showing posts with label claims. Show all posts

Sunday, July 1, 2012

federal rules of bankruptcy procedure 9024

Rule 9024. Relief from Judgment or Order
Rule 60 F.R.Civ.P. applies in cases under the Code except that (1) a motion to reopen a case under the Code or for the reconsideration of an order allowing or disallowing a claim against the estate entered without a contest is not subject to the one year limitation prescribed in Rule 60(c), (2) a complaint to revoke a discharge in a chapter 7 liquidation case may be filed only within the time allowed by §727(e) of the Code, and (3) a complaint to revoke an order confirming a plan may be filed only within the time allowed by §1144, §1230, or §1330.
Notes
(As amended Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 23, 2008, eff. Dec. 1, 2008.)
Notes of Advisory Committee on Rules—1983

Motions to reopen cases are governed by Rule 5010. Reconsideration of orders allowing and disallowing claims is governed by Rule 3008. For the purpose of this rule all orders of the bankruptcy court are subject to Rule 60 F.R.Civ.P.

Pursuant to §727(e) of the Code a complaint to revoke a discharge must be filed within one year of the entry of the discharge or, when certain grounds of revocation are asserted, the later of one year after the entry of the discharge or the date the case is closed. Under §1144 and §1330 of the Code a party must file a complaint to revoke an order confirming a chapter 11 or 13 plan within 180 days of its entry. Clauses (2) and (3) of this rule make it clear that the time periods established by §§727(e), 1144 and 1330 of the Code may not be circumvented by the invocation of F.R.Civ.P. 60(b).

Notes of Advisory Committee on Rules—1991 Amendment
Clause (3) is amended to include a reference to §1230 of the Code which contains time limitations relating to revocation of confirmation of a chapter 12 plan. The time periods prescribed by §1230 may not be circumvented by the invocation of F.R.Civ.P. 60(b).

Committee Notes on Rules—2008 Amendment
The rule is amended to conform to the changes made to the Federal Rules of Civil Procedure through the restyling of those rules effective on December 1, 2007

Tuesday, June 22, 2010

Do's and Don’ts while contacting Collection agencies

Do:
  1. Collect list of collection agency with the help of Google.
  2. Contact through letter or mail do not use your phone to contact to avoid unwanted call from collection agency.
  3. Always refer to the debt by listing account number instead of "my debt"
  4. Ask agency to give their contact details and their registration as per the laws.
  5. Request the collector to provide a written follow-up including "claims" "name of the original creditor" and "steps"
  6. Keep all documents sent to the Collection agency or received from them.

Don'ts:

  1. Do not make any payment arrangement or negotiation over phone (negotiations should be made in writing)
  2. Do not lose your temper when you deal with a collection agency and do not use any rude word in your latter to collection agency.
  3. Don't ignore the calls or late response from your collection agency

Collection Agency