(6) „Debt collection” means any person who uses an instrument of international trade or the post office in a transaction the principal purpose of which is the collection of debts, or who collects, on a regular, direct or indirect basis, due or alleged or alleged. Notwithstanding the exclusion in subparagraph (F) of the last sentence of that subparagraph, this term includes any creditor who, in the collection of his own claims, uses a name other than his own that indicates that a third party is collecting or attempting to collect those claims. For the purposes of Article 1692f(6) of this Title, that term also includes any person who uses an instrument of inter-State commerce or the post office in an undertaking the principal purpose of which is the enforcement of security rights. The clause does not include – (2) informing the consumer that the collector or creditor may seek certain remedies normally sought by that collector or creditor; or paragraph (c)(5) of the Rule is amended to set a new time limit for notifying creditors that they may submit proof of claim where they have been previously informed that it is not necessary to lodge a claim. If, under rule 2002(e), it appears that there will be no distribution to creditors, creditors will be informed and informed that new notice will be given to creditors in the event of subsequent discovery of assets and distribution. This second notice is required by Rule 3002(c)(5). The rule is amended so that the Registrar must give at least 90 days` notice of the time within which creditors may submit proof of claim. This setting of the time limit allows notifications to creditors to be more precise with respect to the time limit than was possible under the previous regime. Previously, the rule began with the 90-day notice period from the notice was sent, a date that could vary and was generally not even known to the creditor. Under the amended rule, the notice will specify a specific limitation date for filing proof of claim, which is more useful to creditors. If you do not pay an instalment order and are summoned to court proceedings, you are entitled to legal aid. The decision whether or not to receive such aid is taken by the court competent for the committee procedure. The main function of commission proceedings under the Irish debt collection scheme is to decide whether you should be detained for proven intentional non-payment after a court order has been issued.
CAP report on Article 3002. Following the publication of the proposed amendments, the Insolvency Reform Act 1994 amended sections 726 and 502(b) of the Code to clarify the rights of creditors who delay filing proof of claim. With regard to the Reform Act, the proposed new subparagraph (d) of Article 3002 has been deleted from the proposed amendments as it is no longer necessary. In addition, paragraphs (a) and (c) were amended after publication to clarify that the effect of late filing of proof of claim is governed by section 502(b)(9) of the Code and not by that rule. Here you will find information on insolvency law, including answers to some of the most frequently asked questions. These videos will give you basic information about the process, the relief it provides, and how to find the legal help you may need. As a general rule, a written statement and a reorganization plan must be filed with the court. 11 U.S.C. §§ 1121, 1125. The statement is a document that must contain information about the debtor`s assets, liabilities and business affairs sufficient to enable a creditor to make an informed judgment about the debtor`s reorganization plan. 11 U.S.C. § 1125.
The information required is subject to the discretion of the judges and the circumstances of each case. In a „small business analysis” (see below), the debtor may not be required to file a separate statement if the court determines that adequate information is included in the plan. 11 U.S.C. § 1125(f). The content of the plan must include a classification of claims and indicate how each category of claims will be dealt with under the plan.