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Columbia Creditors Rights Law Blog

Are There Legal Remedies For Property Encroachment?

Boundary lines are typically clearly defined in surveyor’s assessments held on file. However, in the real world, boundaries might start to be defined by landmarks such as trees, shrubs or the edge of a driveway. If you are concerned about boundary lines or property encroachment, it is crucial that you take steps to fully understand the dispute.

Most often, property encroachments refer to boundary disputes between neighbors. Neighboring properties can either be commercial or residential, but the crucial element is always to clearly define the actual property lines. Encroachment can mean different things in different situations. For example, a residential neighbor might build a fence or a deck that crosses the official boundary line into your property. A commercial neighbor might erect marketing elements, signage or a new parking lot that encroaches onto your property. While the first reaction might be frustration – or even anger – it is wise to remember there are legal remedies to this type of dispute.

Can A Quiet Title Action Disrupt A Real Estate Transaction?

A dispute can arise along any axis of a real estate transaction. Typically, commercial real estate transactions are more complex based on numerous moving parts and a variety of involved parties. While a disagreement might center on environmental issues, contract disputes or boundary discrepancy, one legal action that can arise is a “quiet title action.”

An action to quiet title is essentially a lawsuit brought to establish a party’s title to real property. The goal of this action is to eliminate – or quiet – any challenges made against the title. With the complexity of many commercial real estate deals, it is not uncommon for a title search to uncover a dispute. These disputes often must be resolved in court.

Numerous Reasons Why A Structured Settlement Might Be Denied

While selling a structured settlement can be a simple, straightforward process, there are numerous protections built in to ensure the seller is legally protected from a poor financial decision. Likewise, the company that is planning on purchasing the structured settlement payments must take steps to ensure they don’t suffer financial harm following the transfer of a structured settlement.

Protecting Assets Through Pre-Judgment Remedies

Allowing a bankruptcy to proceed without taking the time to protect asset value can spell financial disaster for a creditor. Once a bankruptcy judgment is made, a creditor’s options for enforcing collection become limited. Likewise, the payment of debt will often follow a priority system meaning that funds might be exhausted well in advance of repayment.

What options does a creditor have in this situation?

Eviction, tenants and bankruptcy: What can a creditor do?

Moving forward with an eviction is not an easy matter. Add in a tenant going through bankruptcy and the matter becomes even more complicated. Fortunately, the creditor in this situation has certain rights. The rights vary depending on the filing date for the bankruptcy.

How does bankruptcy filing date come into play when evicting a tenant? Landlords must take the bankruptcy filing date into consideration when attempting to evict a tenant. This date will fall either before or after the eviction process was initiated and will have the following implications:

Letters of credit: A primer for creditors

Letters of credit are a tool that can aid in business transactions. These documents can serve as a mechanism for payment during certain business transactions. In order for a letter of credit to be valid, a number of criteria must be met.

Although the details will vary with each transaction, the three basic "Ps" of these dealings are listed below:

  • Payment. The issuing bank undertakes payment from the buyer, known as the applicant, to the seller, known as the beneficiary.
  • Presentation. The transaction occurs when certain documents are presented that represent the goods as agreed upon by the parties in the terms and conditions of the letter of credit.
  • Prompt. The transaction must occur within the agreed upon time period.

When the payment to the beneficiary is fulfilled as outlined in the letter of credit, the applicant or buyer is liable for payment to the issuing bank.

3 FAQs for secured creditors about the automatic stay

Those in the business of offering funds to help others pursue business interests can face many ups and downs. Creditors can share in the triumph of a successful business endeavor while also feeling the loss of a poorly planned venture.

Unfortunately, whether successful or not, some clients who benefit from creditor's resources fail to make good on the agreed upon deal. When clients refuse to pay, collection efforts may be necessary to ensure the creditor receives the funds that are due.

In some cases, these efforts can be complicated. One such complication involves debtors that file for bankruptcy. If approved, the bankruptcy court generally issues an automatic stay. This court order essentially blocks the creditor from continuing attempts to receive payment from the debtor. Secured creditors attempting to deal with a debtor who has successfully filed for relief through bankruptcy can benefit from the following information.

Creditors, statute of limitations and bankruptcy: SCOTUS to review

Creditors go about receiving payment in a number of ways. After multiple attempts, some may sell off old debts to third-party debt collectors. The practices used by these businesses have been scrutinized. Now one of those practices is under review by the highest court in the country.

The Supreme Court of the United States (SCOTUS) has agreed to review a case that questions whether or not a creditor is in violation of the Fair Debt Collection Practices Act (FDCPA) if the creditor files a claim in bankruptcy for a debt that has past the statute of limitations.

Who gets paid in bankruptcy? SCOTUS case could change the normal order.

A case that is set to be argued at the Supreme Court of the United States (SCOTUS) could have major implications in the bankruptcy world. The case involves a company that filed for bankruptcy shortly after a buyout.

Financial difficulties led the company, a trucking business, to issue massive layoffs. The layoffs were allegedly not in line with state and federal laws, which require that the workers get 60 days notice before a massive layoff is finalized. The workers sued for lost wages, but before they received payment from the bankruptcy proceeding the company settled with other, unsecured lenders first.

As a result, nothing was left for the former employees.

Queue the Supreme Court. The workers are arguing that the move to pay unsecured creditors before they received payment failed to follow the priority rule. Although not officially a law, as noted in a recent piece by the New York Times, the priority rule has been used to help establish what is "fair and equitable" for decades in similar cases.

Cross-country M&A deals and creditor rights: 4 FAQs

Merger and acquisition (M&A) deals that involve businesses from two different countries make up over one-third of all worldwide M&A transactions. These transactions can have legal ramifications that impact not just the businesses and their shareholders, but also impacts creditors who are attempting to collect on debts.

Having a basic understanding of some of the more common issues that can arise in these situations can help creditors understand the best course of action to better ensure they receive payment.

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