Dept Repayment Settlement Services Agents Across Canada, Debt Collection in Canada, Legal Collection in Canada, Legal Collection Law Firm, Collection Agency in Canada, Collection Law Firm in Toronto, Collection Law Firm in Montreal, Collection Law Firm in Calgary, Collection Law Firm in Edmonton, Collection Law Firm in Vancouver, CTL Law
This document provides a summary of collection acts and regulations across various Canadian provinces and territories. It outlines requirements for collection agency and collector licensing, restrictions on when and how collectors can contact debtors, and whether lawyers are exempt from certain rules when collecting debts. Some common restrictions include requiring notice to debtors in writing before verbal contact, limiting contact to certain days and hours, and rules around identifying oneself and providing details of the debt when communicating with the debtor. Laws vary between jurisdictions but generally aim to regulate debt collection practices for consumer protection.
The tax court case involved whether commissions Howard Slater received for transferring his annuity accounts qualified for nonqualified deferred compensation treatment under section 409A. The court found that the commissions did not meet the requirements of section 409A as they were not conditioned on future services and the plans did not meet the election requirements. Therefore, the commissions were required to be included in the Slaters' gross income for the 2005 tax year.
This ordinance prohibits short term rentals (less than 30 days) in the city of Hermosa Beach. It amends the municipal code to make short term rentals and advertising of short term rentals unlawful. The ordinance takes effect 30 days after passage.
The debtor, Cordillera Golf Club, LLC, filed a motion seeking approval of procedures for interim compensation and reimbursement of expenses for professionals retained in the chapter 11 case. The motion requests that professionals be allowed to submit monthly fee applications for payment of 80% of fees and 100% of expenses, with interim fee applications submitted every three months. The procedures are consistent with those approved in other large chapter 11 cases and will help streamline the professional compensation process.
The debtor, Cordillera Golf Club, LLC, filed a motion seeking approval of procedures for interim compensation and reimbursement of expenses for professionals retained in the chapter 11 case. The motion requests that professionals be allowed to submit monthly fee applications for payment of 80% of fees and 100% of expenses, with interim fee applications submitted every three months. The procedures are intended to streamline the payment process in this large chapter 11 case.
This document summarizes a Tax Court case regarding Walter and Carol Selph's challenge to tax liabilities and penalties for tax years 1999, 2000, and 2001. The Tax Court found that the Selphs were entitled to challenge their underlying tax liabilities for those years. Additionally, the court found that the Selphs were liable for failure-to-pay penalties for 1999 but not 2000 and 2001 due to Mrs. Selph's health issues those years which constituted reasonable cause for failure to timely file.
Gaggero/Mooring/Walters/Praske/Chatfield/Sulphur County Records/Cases 5 jamesmaredmond
This first amended complaint objects to discharging the debtors from bankruptcy. It alleges that the debtors made false representations and concealed information to induce the plaintiff to lease them an equestrian facility. It alleges the debtors underreported rental income, failed to pay rent, abandoned the property, and engaged in delay tactics to avoid a judgment. The complaint objects to discharge based on allegations that the debtors concealed or transferred assets, made false statements, and failed to keep adequate records. It seeks to have the plaintiff's debt exempted from any discharge.
1. The applicant company operated several Mobil service stations under a franchise agreement with Mobil Oil Australia that included a mortgage over the applicant's property.
2. In April 2004, the second and third respondents (directors of the applicant company) withdrew over $126,000 from the applicant's accounts and used it to pay personal credit card debts and cash, despite Mobil attempting direct debits to the accounts.
3. The court found that the floating charge in the mortgage agreement had crystallized due to the applicant's insolvency before the funds were withdrawn, making the funds the secured property of the applicant rather than available to unsecured creditors like the second and third respondents. Therefore, the applicant was entitled
This document provides a summary of collection acts and regulations across various Canadian provinces and territories. It outlines requirements for collection agency and collector licensing, restrictions on when and how collectors can contact debtors, and whether lawyers are exempt from certain rules when collecting debts. Some common restrictions include requiring notice to debtors in writing before verbal contact, limiting contact to certain days and hours, and rules around identifying oneself and providing details of the debt when communicating with the debtor. Laws vary between jurisdictions but generally aim to regulate debt collection practices for consumer protection.
The tax court case involved whether commissions Howard Slater received for transferring his annuity accounts qualified for nonqualified deferred compensation treatment under section 409A. The court found that the commissions did not meet the requirements of section 409A as they were not conditioned on future services and the plans did not meet the election requirements. Therefore, the commissions were required to be included in the Slaters' gross income for the 2005 tax year.
This ordinance prohibits short term rentals (less than 30 days) in the city of Hermosa Beach. It amends the municipal code to make short term rentals and advertising of short term rentals unlawful. The ordinance takes effect 30 days after passage.
The debtor, Cordillera Golf Club, LLC, filed a motion seeking approval of procedures for interim compensation and reimbursement of expenses for professionals retained in the chapter 11 case. The motion requests that professionals be allowed to submit monthly fee applications for payment of 80% of fees and 100% of expenses, with interim fee applications submitted every three months. The procedures are consistent with those approved in other large chapter 11 cases and will help streamline the professional compensation process.
The debtor, Cordillera Golf Club, LLC, filed a motion seeking approval of procedures for interim compensation and reimbursement of expenses for professionals retained in the chapter 11 case. The motion requests that professionals be allowed to submit monthly fee applications for payment of 80% of fees and 100% of expenses, with interim fee applications submitted every three months. The procedures are intended to streamline the payment process in this large chapter 11 case.
This document summarizes a Tax Court case regarding Walter and Carol Selph's challenge to tax liabilities and penalties for tax years 1999, 2000, and 2001. The Tax Court found that the Selphs were entitled to challenge their underlying tax liabilities for those years. Additionally, the court found that the Selphs were liable for failure-to-pay penalties for 1999 but not 2000 and 2001 due to Mrs. Selph's health issues those years which constituted reasonable cause for failure to timely file.
Gaggero/Mooring/Walters/Praske/Chatfield/Sulphur County Records/Cases 5 jamesmaredmond
This first amended complaint objects to discharging the debtors from bankruptcy. It alleges that the debtors made false representations and concealed information to induce the plaintiff to lease them an equestrian facility. It alleges the debtors underreported rental income, failed to pay rent, abandoned the property, and engaged in delay tactics to avoid a judgment. The complaint objects to discharge based on allegations that the debtors concealed or transferred assets, made false statements, and failed to keep adequate records. It seeks to have the plaintiff's debt exempted from any discharge.
1. The applicant company operated several Mobil service stations under a franchise agreement with Mobil Oil Australia that included a mortgage over the applicant's property.
2. In April 2004, the second and third respondents (directors of the applicant company) withdrew over $126,000 from the applicant's accounts and used it to pay personal credit card debts and cash, despite Mobil attempting direct debits to the accounts.
3. The court found that the floating charge in the mortgage agreement had crystallized due to the applicant's insolvency before the funds were withdrawn, making the funds the secured property of the applicant rather than available to unsecured creditors like the second and third respondents. Therefore, the applicant was entitled
John Smith has a $650,000 judgment against Cat Eye Broadcasting Corporation from an unpaid promissory note. Cat Eye and LOI Group are negotiating a deal and want to pause the judgment until the deal is completed or fails. The parties agree that Smith will not take any collection actions on the judgment during the standstill period, which lasts until the deal is finished or fails. The agreement also specifies notice procedures, governing law, confidentiality, and other standard legal terms.
Debunking the argument against the protection of Chapter 9 for the Puerto Rico Electric Power Authority. For over 200 years bankruptcy laws in the US have been applied retroactively. PREPA's Trust Agreement has always provided for a voluntary filing of a bankruptcy proceeding, since 1979, when PREPA wa authorized to file. Members of Congress and investors are creating an uproar about the possibility of a Chapter 9 proceeding. Why?
North memorial ra and cap march 2016 (508)Alex Slaney
This resolution agreement resolves a potential violation of HIPAA privacy and security rules by North Memorial Health Care. Key points:
- North Memorial provided its business associate, Accretive, access to protected health information without entering into a written business associate agreement, exposing PHI of over 289,000 individuals.
- As corrective actions, North Memorial must develop policies on business associate agreements, conduct a thorough risk analysis, and implement a risk management plan to address identified risks. It must also pay $1,550,000 to HHS.
- The agreement releases North Memorial from liability for the covered conduct upon completion of the corrective action plan, but does not prevent other enforcement actions by HHS.
The debtor, Cordillera Golf Club, LLC, filed an application seeking approval to retain the law firm of Young Conaway Stargatt & Taylor, LLP ("Young Conaway") as its Delaware bankruptcy counsel. Young Conaway has extensive experience in bankruptcy matters and represented the debtor pre-petition. The application discloses Young Conaway's hourly rates, retention agreement with the debtor, and that the firm does not hold any interest adverse to the debtor or the bankruptcy estate. The debtor believes that retaining Young Conaway as Delaware bankruptcy counsel is in the best interests of the estate. A hearing on the application will be held on July 27, 2012.
This summary provides the high level details from the tax court document in 3 sentences:
The tax court reviewed Bobby and Libby Claborn's tax return for 2003 and determined a deficiency of $3,592. The key issues were whether the Claborns were entitled to deductions for charitable contributions of cash and property, as well as unreimbursed employee expenses. The tax court found that the Claborns were allowed some charitable deductions but not the full amounts claimed, and that they were not entitled to deductions for expenses related to Bobby Claborn's employment that had been reimbursed.
2009.08.07 nance sued by Introgen debtors for excessive expendituresHindenburg Research
The Debtors are seeking to recover payments made to David G. Nance, the former CEO and President of the Debtors, totaling over $669,000. The Debtors allege the payments made within two years prior to filing for bankruptcy (totaling over $427,000) and between 2004-2008 (totaling over $669,000) were fraudulent transfers under bankruptcy law and state law. Additionally, the Debtors allege Nance wasted corporate assets and engaged in self-dealing through his unnecessary and extravagant expenditures. The Debtors are seeking repayment of the fraudulent transfers, damages, attorney's fees, and interest.
King county-superior-court-order-on-rha-v-city-of-seattle-22421Roger Valdez
This order denies the plaintiffs' motion for summary judgment and grants the defendant's cross-motion for summary judgment. It finds that the three Seattle ordinances establishing defenses to eviction due to financial hardship during COVID-19 do not conflict with state law and are therefore not preempted. While the ordinance provision staying late fees is preempted, the rest can be harmonized with state eviction statutes as establishing substantive defenses rather than conflicting with the statutes' procedural framework. Controlling Washington precedent has established that the state eviction laws provide only procedures, not substantive rights, so local governments can permissibly provide additional defenses.
This document is a memorandum from the United States Tax Court regarding a tax case between Joyce A. Perkins and the Commissioner of Internal Revenue. The Tax Court found that Perkins was liable for a $6,582 income tax deficiency for 2003 but not liable for an accuracy-related penalty. The issues before the court were: 1) whether $26,400 paid to Perkins by her ex-husband in 2003 was alimony income under section 71 of the tax code, and 2) whether Perkins was liable for an accuracy penalty. The court analyzed Tennessee law on alimony and concluded the payments were alimony in futuro, making them taxable income to Perkins. However, the court found Perkins was not liable
Raleigh Orthopedic RA and CAP April 2016Alex Slaney
Resolution Agreement and CAP put in place after Raleigh Orthopedic violated The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule
The document contains 7 questions related to various acts in corporate law. Question 1 provides details of a case involving a borrower (M/s. Dr. P.B’s Health & Glow Clinic Ltd.) that took a loan from a bank but did not fully repay it. The bank took possession of the mortgaged property under the SARFAESI Act, which the borrower challenged in court. The key issue is whether the borrower or bank would win the case. Question 2 asks to explain registered owner, depository, and participant under the Depositories Act.
Cancer Care Group HIPAA Settlement Agreementdata brackets
Cancer Care has taken corrective action with regard to the specific requirements of the Privacy and Security Rules that are at the core of this enforcement action, as well as actions to come into compliance with the other provisions of the HIPAA Rules. The Resolution Agreement and Corrective Action Plan (CAP) can be found on the OCR website at: http://www.hhs.gov/ocr/privacy/hipaa/enforcement/examples/cancercare.html
This document provides a summary of a judgment from the Tax Court of Fiji regarding an application for review of tax assessments made against SRP (Hong Kong) Limited and related companies. The court considered whether proceeds received from assigning management rights were taxable. Key points include:
1) The court referred to the history of the Patel family business and companies in Fiji and New Zealand, and a 1999 management agreement giving a New Zealand partnership control over business operations.
2) The court determined it would not allow the tax authority to rely on a new section of the tax code, as the assessments were made on different grounds.
3) The court had to consider whether the proceeds were taxable as income or a
This document is a summary of a United States Tax Court case regarding whether a collection case qualifies for small tax case procedures. The Tax Court held that for a case to qualify under section 7463(f)(2), the total unpaid tax as of the date of the IRS notice of determination cannot exceed $50,000. The amount of the underlying tax liability in dispute is irrelevant. Therefore, because the total unpaid tax in this case exceeded $50,000 as of the date of the IRS notice of determination, the case does not qualify to be conducted under the small tax case procedures.
Significant changes to the specific relief act, 1963Shivani Khanna
The Specific Relief (Amendment) Bill, 2017 has been passed by Parliament and is awaiting presidential assent to become law. The bill proposes major amendments to the Specific Relief Act, 1963 including removing courts' discretionary powers. Specifically, it makes specific performance of contracts the general rule rather than an exception. It also introduces the concept of substituted performance where a party can opt to receive compensation rather than specific performance. Further, it expands who can file for recovery of possession of immovable property. The bill also includes provisions related to infrastructure projects aimed at avoiding delays in such projects.
This resolution agreement between HHS and Affinity Health Plan resolves an investigation into a breach of protected health information. Affinity will pay $1,215,780 and comply with a corrective action plan. The plan requires Affinity to retrieve photocopier hard drives containing PHI, conduct a security risk analysis, and update policies. If Affinity breaches the agreement or plan, HHS may impose civil money penalties. Both parties aim to resolve the issues without further legal action.
This bill amends the Homeless Services Reform Act of 2005. It defines new terms like "Provider premises", "Provisional Placement Status", and "Rapid Re-Housing". It allows homeless clients to be placed in temporary housing while their eligibility is determined. It authorizes the Mayor to require clients to contribute to savings accounts. It also allows clients to be discharged from services if they relocate, abandon their unit, or complete the program length.
PANELISTS:
DAMIAN NASSIRI | CUONG M. NGUYEN
LYNDA T. BUI | ANN N. NGUYEN
National Conference of Vietnamese American Attorneys
NCVAA is the only national organization that provides a forum for distinguished Vietnamese American judges, elected officials and attorneys to celebrate our accomplishments in the U.S. and abroad, promote the high standards of professionalism in law and politics, and discuss legal and community issues affecting Vietnamese Americans.
Past guests, panelists and speakers of NCVAA include Vietnamese Americans that are prominent judges, highly regarded elected officials and accomplished attorneys: Hon. Thang Nguyen Barrett, Hon. Tam Bui, Hon. Jacqueline Duong, Prof. Wendy Duong, Viet V. Le, Hon. Jacqueline Nguyen, Madison Nguyen, Hon. Nho Nguyen, Tasha Nguyen, Prof. Xuan-Thao Nguyen, Thuy Thi Nguyen, Hon. Tu Pham, Assemblyman Van Tran, Prof. Nhan Vu and many more.
We have also been honored with the attendance of esteemed non-Vietnamese Americans that either gave speeches, sat as panelists or attended the events: Jeffrey Bleich (Pres. of CA State Bar), Hon. David O. Carter (U.S. District Court, Central District of CA) Hon. John Chiang (CA State Controller), Justice Ming W. Chin (California Supreme Court), Kamala Harris (San Francisco District Attorney), Peter McHugh (Santa Clara County Supervisor), Hon. Nathan Mihara (CA Sixth Appellate District Court of Appeals), Justice Carlos R. Moren (California Supreme Court), Hon. Alicemarie Stotler (Chief Judge of the US District Court, Central District of CA) and many others.
PANELISTS:
DAMIAN NASSIRI | CUONG M. NGUYEN
LYNDA T. BUI | ANN N. NGUYEN
National Conference of Vietnamese American Attorneys
NCVAA is the only national organization that provides a forum for distinguished Vietnamese American judges, elected officials and attorneys to celebrate our accomplishments in the U.S. and abroad, promote the high standards of professionalism in law and politics, and discuss legal and community issues affecting Vietnamese Americans.
Past guests, panelists and speakers of NCVAA include Vietnamese Americans that are prominent judges, highly regarded elected officials and accomplished attorneys: Hon. Thang Nguyen Barrett, Hon. Tam Bui, Hon. Jacqueline Duong, Prof. Wendy Duong, Viet V. Le, Hon. Jacqueline Nguyen, Madison Nguyen, Hon. Nho Nguyen, Tasha Nguyen, Prof. Xuan-Thao Nguyen, Thuy Thi Nguyen, Hon. Tu Pham, Assemblyman Van Tran, Prof. Nhan Vu and many more.
We have also been honored with the attendance of esteemed non-Vietnamese Americans that either gave speeches, sat as panelists or attended the events: Jeffrey Bleich (Pres. of CA State Bar), Hon. David O. Carter (U.S. District Court, Central District of CA) Hon. John Chiang (CA State Controller), Justice Ming W. Chin (California Supreme Court), Kamala Harris (San Francisco District Attorney), Peter McHugh (Santa Clara County Supervisor), Hon. Nathan Mihara (CA Sixth Appellate District Court of Appeals), Justice Carlos R. Moren (California Supreme Court), Hon. Alicemarie Stotler (Chief Judge of the US District Court, Central District of CA) and many others.
This document outlines the terms and conditions for Account Recovery Services (ARS) to provide debt recovery services to clients. ARS will use reasonable efforts to recover debts owed to clients by debtors. ARS will keep clients informed of recovery progress and pay recovered sums to clients within 14 days, less any fees owed. Clients must provide full details of debts and debtors. Fees range from 15-20% of recovered sums, plus court fees and other costs. The agreement remains in effect until debts are recovered or legal proceedings become defended by debtors.
The debtor, Cordillera Golf Club, LLC, filed a motion seeking authorization to retain and pay certain professionals utilized in the ordinary course of business without requiring each professional to file a formal application for employment. The motion proposed procedures for retaining ordinary course professionals, including requiring the professionals to file declarations of disinterestedness, limiting monthly payments to $25,000 per professional absent a fee application, and requiring the debtor to file quarterly reports on payments to the professionals. The debtor argued this relief was necessary to avoid disruption to its business operations and pending litigation matters.
The debtor, Cordillera Golf Club, LLC, filed a motion seeking authorization to retain and pay certain professionals utilized in the ordinary course of business without requiring each professional to file a formal application for employment. The motion proposed procedures for retaining ordinary course professionals, including requiring the professionals to file declarations of disinterestedness, limiting monthly payments to $25,000 per professional absent a fee application, and requiring the debtor to file quarterly reports on payments to the professionals. The debtor argued this relief was necessary to avoid disruption to its business operations and pending litigation matters.
The SV Partners Alternatives to Bankruptcy Handbook provides the reader with information and the options available to allow a person to settle their debts without entering into bankruptcy.
John Smith has a $650,000 judgment against Cat Eye Broadcasting Corporation from an unpaid promissory note. Cat Eye and LOI Group are negotiating a deal and want to pause the judgment until the deal is completed or fails. The parties agree that Smith will not take any collection actions on the judgment during the standstill period, which lasts until the deal is finished or fails. The agreement also specifies notice procedures, governing law, confidentiality, and other standard legal terms.
Debunking the argument against the protection of Chapter 9 for the Puerto Rico Electric Power Authority. For over 200 years bankruptcy laws in the US have been applied retroactively. PREPA's Trust Agreement has always provided for a voluntary filing of a bankruptcy proceeding, since 1979, when PREPA wa authorized to file. Members of Congress and investors are creating an uproar about the possibility of a Chapter 9 proceeding. Why?
North memorial ra and cap march 2016 (508)Alex Slaney
This resolution agreement resolves a potential violation of HIPAA privacy and security rules by North Memorial Health Care. Key points:
- North Memorial provided its business associate, Accretive, access to protected health information without entering into a written business associate agreement, exposing PHI of over 289,000 individuals.
- As corrective actions, North Memorial must develop policies on business associate agreements, conduct a thorough risk analysis, and implement a risk management plan to address identified risks. It must also pay $1,550,000 to HHS.
- The agreement releases North Memorial from liability for the covered conduct upon completion of the corrective action plan, but does not prevent other enforcement actions by HHS.
The debtor, Cordillera Golf Club, LLC, filed an application seeking approval to retain the law firm of Young Conaway Stargatt & Taylor, LLP ("Young Conaway") as its Delaware bankruptcy counsel. Young Conaway has extensive experience in bankruptcy matters and represented the debtor pre-petition. The application discloses Young Conaway's hourly rates, retention agreement with the debtor, and that the firm does not hold any interest adverse to the debtor or the bankruptcy estate. The debtor believes that retaining Young Conaway as Delaware bankruptcy counsel is in the best interests of the estate. A hearing on the application will be held on July 27, 2012.
This summary provides the high level details from the tax court document in 3 sentences:
The tax court reviewed Bobby and Libby Claborn's tax return for 2003 and determined a deficiency of $3,592. The key issues were whether the Claborns were entitled to deductions for charitable contributions of cash and property, as well as unreimbursed employee expenses. The tax court found that the Claborns were allowed some charitable deductions but not the full amounts claimed, and that they were not entitled to deductions for expenses related to Bobby Claborn's employment that had been reimbursed.
2009.08.07 nance sued by Introgen debtors for excessive expendituresHindenburg Research
The Debtors are seeking to recover payments made to David G. Nance, the former CEO and President of the Debtors, totaling over $669,000. The Debtors allege the payments made within two years prior to filing for bankruptcy (totaling over $427,000) and between 2004-2008 (totaling over $669,000) were fraudulent transfers under bankruptcy law and state law. Additionally, the Debtors allege Nance wasted corporate assets and engaged in self-dealing through his unnecessary and extravagant expenditures. The Debtors are seeking repayment of the fraudulent transfers, damages, attorney's fees, and interest.
King county-superior-court-order-on-rha-v-city-of-seattle-22421Roger Valdez
This order denies the plaintiffs' motion for summary judgment and grants the defendant's cross-motion for summary judgment. It finds that the three Seattle ordinances establishing defenses to eviction due to financial hardship during COVID-19 do not conflict with state law and are therefore not preempted. While the ordinance provision staying late fees is preempted, the rest can be harmonized with state eviction statutes as establishing substantive defenses rather than conflicting with the statutes' procedural framework. Controlling Washington precedent has established that the state eviction laws provide only procedures, not substantive rights, so local governments can permissibly provide additional defenses.
This document is a memorandum from the United States Tax Court regarding a tax case between Joyce A. Perkins and the Commissioner of Internal Revenue. The Tax Court found that Perkins was liable for a $6,582 income tax deficiency for 2003 but not liable for an accuracy-related penalty. The issues before the court were: 1) whether $26,400 paid to Perkins by her ex-husband in 2003 was alimony income under section 71 of the tax code, and 2) whether Perkins was liable for an accuracy penalty. The court analyzed Tennessee law on alimony and concluded the payments were alimony in futuro, making them taxable income to Perkins. However, the court found Perkins was not liable
Raleigh Orthopedic RA and CAP April 2016Alex Slaney
Resolution Agreement and CAP put in place after Raleigh Orthopedic violated The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule
The document contains 7 questions related to various acts in corporate law. Question 1 provides details of a case involving a borrower (M/s. Dr. P.B’s Health & Glow Clinic Ltd.) that took a loan from a bank but did not fully repay it. The bank took possession of the mortgaged property under the SARFAESI Act, which the borrower challenged in court. The key issue is whether the borrower or bank would win the case. Question 2 asks to explain registered owner, depository, and participant under the Depositories Act.
Cancer Care Group HIPAA Settlement Agreementdata brackets
Cancer Care has taken corrective action with regard to the specific requirements of the Privacy and Security Rules that are at the core of this enforcement action, as well as actions to come into compliance with the other provisions of the HIPAA Rules. The Resolution Agreement and Corrective Action Plan (CAP) can be found on the OCR website at: http://www.hhs.gov/ocr/privacy/hipaa/enforcement/examples/cancercare.html
This document provides a summary of a judgment from the Tax Court of Fiji regarding an application for review of tax assessments made against SRP (Hong Kong) Limited and related companies. The court considered whether proceeds received from assigning management rights were taxable. Key points include:
1) The court referred to the history of the Patel family business and companies in Fiji and New Zealand, and a 1999 management agreement giving a New Zealand partnership control over business operations.
2) The court determined it would not allow the tax authority to rely on a new section of the tax code, as the assessments were made on different grounds.
3) The court had to consider whether the proceeds were taxable as income or a
This document is a summary of a United States Tax Court case regarding whether a collection case qualifies for small tax case procedures. The Tax Court held that for a case to qualify under section 7463(f)(2), the total unpaid tax as of the date of the IRS notice of determination cannot exceed $50,000. The amount of the underlying tax liability in dispute is irrelevant. Therefore, because the total unpaid tax in this case exceeded $50,000 as of the date of the IRS notice of determination, the case does not qualify to be conducted under the small tax case procedures.
Significant changes to the specific relief act, 1963Shivani Khanna
The Specific Relief (Amendment) Bill, 2017 has been passed by Parliament and is awaiting presidential assent to become law. The bill proposes major amendments to the Specific Relief Act, 1963 including removing courts' discretionary powers. Specifically, it makes specific performance of contracts the general rule rather than an exception. It also introduces the concept of substituted performance where a party can opt to receive compensation rather than specific performance. Further, it expands who can file for recovery of possession of immovable property. The bill also includes provisions related to infrastructure projects aimed at avoiding delays in such projects.
This resolution agreement between HHS and Affinity Health Plan resolves an investigation into a breach of protected health information. Affinity will pay $1,215,780 and comply with a corrective action plan. The plan requires Affinity to retrieve photocopier hard drives containing PHI, conduct a security risk analysis, and update policies. If Affinity breaches the agreement or plan, HHS may impose civil money penalties. Both parties aim to resolve the issues without further legal action.
This bill amends the Homeless Services Reform Act of 2005. It defines new terms like "Provider premises", "Provisional Placement Status", and "Rapid Re-Housing". It allows homeless clients to be placed in temporary housing while their eligibility is determined. It authorizes the Mayor to require clients to contribute to savings accounts. It also allows clients to be discharged from services if they relocate, abandon their unit, or complete the program length.
PANELISTS:
DAMIAN NASSIRI | CUONG M. NGUYEN
LYNDA T. BUI | ANN N. NGUYEN
National Conference of Vietnamese American Attorneys
NCVAA is the only national organization that provides a forum for distinguished Vietnamese American judges, elected officials and attorneys to celebrate our accomplishments in the U.S. and abroad, promote the high standards of professionalism in law and politics, and discuss legal and community issues affecting Vietnamese Americans.
Past guests, panelists and speakers of NCVAA include Vietnamese Americans that are prominent judges, highly regarded elected officials and accomplished attorneys: Hon. Thang Nguyen Barrett, Hon. Tam Bui, Hon. Jacqueline Duong, Prof. Wendy Duong, Viet V. Le, Hon. Jacqueline Nguyen, Madison Nguyen, Hon. Nho Nguyen, Tasha Nguyen, Prof. Xuan-Thao Nguyen, Thuy Thi Nguyen, Hon. Tu Pham, Assemblyman Van Tran, Prof. Nhan Vu and many more.
We have also been honored with the attendance of esteemed non-Vietnamese Americans that either gave speeches, sat as panelists or attended the events: Jeffrey Bleich (Pres. of CA State Bar), Hon. David O. Carter (U.S. District Court, Central District of CA) Hon. John Chiang (CA State Controller), Justice Ming W. Chin (California Supreme Court), Kamala Harris (San Francisco District Attorney), Peter McHugh (Santa Clara County Supervisor), Hon. Nathan Mihara (CA Sixth Appellate District Court of Appeals), Justice Carlos R. Moren (California Supreme Court), Hon. Alicemarie Stotler (Chief Judge of the US District Court, Central District of CA) and many others.
PANELISTS:
DAMIAN NASSIRI | CUONG M. NGUYEN
LYNDA T. BUI | ANN N. NGUYEN
National Conference of Vietnamese American Attorneys
NCVAA is the only national organization that provides a forum for distinguished Vietnamese American judges, elected officials and attorneys to celebrate our accomplishments in the U.S. and abroad, promote the high standards of professionalism in law and politics, and discuss legal and community issues affecting Vietnamese Americans.
Past guests, panelists and speakers of NCVAA include Vietnamese Americans that are prominent judges, highly regarded elected officials and accomplished attorneys: Hon. Thang Nguyen Barrett, Hon. Tam Bui, Hon. Jacqueline Duong, Prof. Wendy Duong, Viet V. Le, Hon. Jacqueline Nguyen, Madison Nguyen, Hon. Nho Nguyen, Tasha Nguyen, Prof. Xuan-Thao Nguyen, Thuy Thi Nguyen, Hon. Tu Pham, Assemblyman Van Tran, Prof. Nhan Vu and many more.
We have also been honored with the attendance of esteemed non-Vietnamese Americans that either gave speeches, sat as panelists or attended the events: Jeffrey Bleich (Pres. of CA State Bar), Hon. David O. Carter (U.S. District Court, Central District of CA) Hon. John Chiang (CA State Controller), Justice Ming W. Chin (California Supreme Court), Kamala Harris (San Francisco District Attorney), Peter McHugh (Santa Clara County Supervisor), Hon. Nathan Mihara (CA Sixth Appellate District Court of Appeals), Justice Carlos R. Moren (California Supreme Court), Hon. Alicemarie Stotler (Chief Judge of the US District Court, Central District of CA) and many others.
This document outlines the terms and conditions for Account Recovery Services (ARS) to provide debt recovery services to clients. ARS will use reasonable efforts to recover debts owed to clients by debtors. ARS will keep clients informed of recovery progress and pay recovered sums to clients within 14 days, less any fees owed. Clients must provide full details of debts and debtors. Fees range from 15-20% of recovered sums, plus court fees and other costs. The agreement remains in effect until debts are recovered or legal proceedings become defended by debtors.
The debtor, Cordillera Golf Club, LLC, filed a motion seeking authorization to retain and pay certain professionals utilized in the ordinary course of business without requiring each professional to file a formal application for employment. The motion proposed procedures for retaining ordinary course professionals, including requiring the professionals to file declarations of disinterestedness, limiting monthly payments to $25,000 per professional absent a fee application, and requiring the debtor to file quarterly reports on payments to the professionals. The debtor argued this relief was necessary to avoid disruption to its business operations and pending litigation matters.
The debtor, Cordillera Golf Club, LLC, filed a motion seeking authorization to retain and pay certain professionals utilized in the ordinary course of business without requiring each professional to file a formal application for employment. The motion proposed procedures for retaining ordinary course professionals, including requiring the professionals to file declarations of disinterestedness, limiting monthly payments to $25,000 per professional absent a fee application, and requiring the debtor to file quarterly reports on payments to the professionals. The debtor argued this relief was necessary to avoid disruption to its business operations and pending litigation matters.
The SV Partners Alternatives to Bankruptcy Handbook provides the reader with information and the options available to allow a person to settle their debts without entering into bankruptcy.
The document summarizes key provisions of the Fair Debt Collection Practices Act (FDCPA). It begins with an overview of the FDCPA and provides the table of contents which lists the FDCPA sections. It then summarizes several important sections of the FDCPA, including definitions of terms like "debt collector" and "consumer"; requirements for debt collectors in acquiring location information and communicating with consumers and third parties; and prohibitions on harassment and misleading representations.
The document provides information about the Fair Debt Collection Practices Act (FDCPA). It summarizes that the FDCPA was created to protect consumers from abusive, deceptive, and unfair debt collection practices. It prohibits harassment, false statements, and unfair practices by debt collectors. The FDCPA regulates how and when debt collectors can communicate with consumers, what information they can share, and actions they can take to collect debts. It provides consumers with recourse against collectors who do not comply with the law.
Information on FDCPA (Fair Debt Collection Practices Act) is provided by yourcollectionrights. FDCPA protects the rights of consumers from the third party debt collector abuse. Fair Debt Collection Practices Act protects you from their illegal and unethical tactics.
The City of Alamo Heights is considering renewing its agreement with the law firm of Davidson Troilo Ream & Garza to provide legal services to the city. The current three-year agreement is set to expire in July 2022. The proposed new agreement would renew the contract for another three years with a small increase to hourly rates and authorize the City Manager to execute the agreement on behalf of the city.
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These slides will give overview of the Debt Recovery Tribunal and its Working of the Tribunal. Further it will help in understanding the requirements for filing an application under the Act.
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REPAYMENT/SETTLEMENT SERVICES AND AGENCIES
LEGISLATION AND REGULATION*
ALBERTA BRITISH COLUMBIA ONTARIO PRINCE EDWARD ISLAND
GOVERNING
LEGISLATION
Fair Trading Act, RSA 2000, c. F-2 &
Collection and Debt Repayment Practices
Regulation, Alta Reg 194/1999
Business Practices and Consumer
Protection Act, SBC 2004, c. 2 and Debt
Collection Industry Regulation, BC Reg
295/2004
Collection and Debt Settlement
Services Act, RSO 1990, c C.14 &
General Regulation, RRO 1990, Reg
74
Collection Agencies Act RSPEI, 1988,
c C-11 & General Regulation,
Debt Repayment
Agency / Debt
Settlement Services -
Definition
Debt Repayment Agency (“DRA”) is defined
as: A collection agency that carries on the
activities of offering or undertaking to act
for a debtor in Alberta in arrangements or
negotiations with the debtor’s creditors or
receiving money from a debtor for
distribution to the debtor’s creditors in
consideration of a fee, commission or other
remuneration that is payable by the debtor
(s.1(g) Reg)
A Debt Pooling System is defined as: an
arrangement or procedure under which a
debtor pays to a debt pooler money to be
distributed or paid, according to the
system, by that debt pooler to 3 or more
creditors of the debtor (s.125 Act)
Debt Settlement Services is defined
as: Offering or undertaking to act for
a debtor in arrangements or
negotiations with the debtor’s
creditors or receiving money from a
debtor for distribution to the
debtor’s creditors, where the
services are provided in
consideration of a fee, commission
or other remuneration that is
payable by the debtor (s.1(1) Act)
An agency who provides these
services is also defined as a
Collection Agency (“CA”)(s.1(1) Act)
Debt Repayment Agency (“DRA”) is
defined as: a person that carries on
the activities of offering or
undertaking to act for a debtor in PEI
in arrangements or negotiations with
the debtor’s creditors or receiving
money from a debtor for distribution
to the debtor’s creditors
inconsideration of a fee, commission
or other remuneration that is
payable by the debtor (s.17.1(1)(a)
Act)
Agency need to be
licenced?
YES - Must be licensed (s.3(1)(b) & s.3(3)
Reg)
No person shall hold a collection agency
licence AND a debt repayment licence at
the same time (s.3(7)Reg)
YES – Must be licensed (s.1.1 Reg.)
YES - Must be registered (s.2(0.1)
and 4 (Act)
No specific provisions stating that
DRA must be licenced, but likely a
DRA would be considered a CA
under the Act and a CA must be
licensed (s.3(2)Act)
Debt Agent – Defined
A Debt Repayment Agent is defined as: A
collector employed or authorized by a debt
repayment agency to act for or deal with
debtors. (s.1 Reg)
Debt Pooler is defined as: a person,
whether in British Columbia or not, who in
the course of business arranges or
operates a debt pooling system (s.125
(Act)
Anyone who provides these services
is also defined as a Collector (“C”)
s.1(1) Act
Debt Repayment Agent: An
individual employed or authorized
by a DRA to act for or deal with
debtors (s.17.1(1)(b)Act)
Agent need to be
licensed?
Must be licenced (s.3(1)(d) & 3(5) Reg)
No individual may hold a collector’s license
AND a debt repayment agent licence at the
same time (s.3(8) Reg)
YES – Must be licensed (s.1.1 Reg)
YES - Must be registered (s.2(0.1)
and 4 Act)
No specific provisions stating that
and Agent must be licenced, but
likely an Agent would be considered
a Collector under the Act and a
Collector must be licensed
(s.3(1)Act)
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REPAYMENT/SETTLEMENT SERVICES AND AGENCIES
LEGISLATION AND REGULATION*
ALBERTA BRITISH COLUMBIA ONTARIO PRINCE EDWARD ISLAND
Lawyers Exempt?
Lawyers exempt only from from “Collection
Practices” Part 11 of Act if acting in the
practice of their profession (s.110 (2) Act)
(Does not specifically state that lawyers are
exempt from the Regulation dealing with
DRAs)
Lawyers exempt from Act and Reg if in
regular practice of their profession (s.3
Reg)
Act does not apply to a barrister or
solicitor in the regular practice of his
or her profession or to his or her
employees (s.2(1)(b) Act)
NO - These sections of the Act and
Regs apply to solicitors and
barristers who are engaging in the
business of debt repayment agents
& agencies (s.17.1(9) Act)
Contact and
Identification
Cannot collect a debt without providing the
agent’s name and name of debt repayment
agency (s.12.1(1)(a)Reg)
Cannot communicate information
about debt to any person except the
debtor, a guarantor, the debtor’s
representative or a creditor of the
debtor without debtor’s written
consent (s.29(9) Reg)
Must provide information on how to
contact the CA Or C during business
hours (s.29(10) Reg)
Must respond to debtor’s’
communications within a reasonable
time (s.29(11) Reg)
Any WEBSITE that requests debtor’s
personal information must clearly
display CA name, business address,
phone number, fax number, email
and registration number
Any ADVERTISEMENT must set out
CA’s registered name and number
(s.26(3) Reg)
Communication with
Others
Cannot communicate information about
the debt with anyone other than the
debtor, a guarantor of the debt, the
debtor’s representative OR the creditor of
the debt (s.12.1(1)(m) Reg)
Cannot obtain a debtor’s contact
information from a 3rd party UNLESS
debtor explicitly consented to the
contact information being shared
with the CA or C (s.29(12) Reg)
Cannot communicate information
about the debt or existence of debt
with any person except the debtor,
guarantor, representative or creditor
of the debtor (s.17.1(2)(l) Act)
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REPAYMENT/SETTLEMENT SERVICES AND AGENCIES
LEGISLATION AND REGULATION*
ALBERTA BRITISH COLUMBIA ONTARIO PRINCE EDWARD ISLAND
Amount Collected
Cannot collect any amount greater than
prescribed by regulation for acting for the
debtor in making arrangements or
negotiations on behalf of the debtor
(s.12.1(1)(b)
OR
Cannot make any arrangement with debtor
to accept LESS than the amount of the
balance and owing to creditor UNLESS
express consent of creditor is provided
(s.12.1(1)(c)
Cannot collect an amount greater
than that set out in Act and
Regulations (s.2 (a)Act)
Cannot make an arrangement with
debtor to collect amount that is LESS
than balance due to creditor without
prior express creditor approval
(s.2(b)Act)
Written Agreement
Requirements
Cannot collect fee, commission or
disbursement from debtor unless, before
providing service, it has entered into a
signed written Agreement or written
authorization and debtor has a copy
(s.12.1(2) Reg)
The written Agreement must be:
a) dated and signed by DRA and debtor, b)
include name, address and phone number
of DRA and debtor, c) describe all services
provided under agreement, d) state all fees
that are to be paid by debtor, e) list all
creditors as disclosed by debtor and f) total
amount owed, payment amount, schedule
of payments and total number of payments
for each listed creditor (s.12.1(3) Reg)
Cannot make a claim for breach of contract
against a debtor who cancels a debt
repayment agreement (s.12.1 (k)(Reg)
Must inform a debtor within 30 days after
the creditor has notified the DRA that it has
decided to withdraw from a debt
repayment program (s.12.1(l) Reg)
A contract between a debt pooler and a
debtor MUST be in writing and signed by
the debtor (s.127 Act)
No CA shall provide debt settlement
services to a debtor UNLESS the CA
has entered into a written debt
settlement services agreement, had
provided a copy to the debtor, and
disclosed to the debtor in the
agreement all information necessary
to explain the sources of the CA’s
funding (s.16.5 (1) Act)
No CA can enter into more than one
agreement with the same debtor
while there is an agreement
between the parties that has not
expired and any other agreement
shall be deemed to be part of the
debt settlement services agreement
(s.16.5 (2) Act)
In a debt settlement services
agreement, the CA must indicate
which of the following methods of
negotiating the settlement of the
debtor’s debt the CA will pursue: i) a
proposed schedule of payments in
respect of each debt ii) the CA will
put forward to each creditor on or
before a specified date an offer to
settle with a one-time payment that
is less than the amount of debt (s.27
(1)(Reg)
If CA proposes scheduled payments
the agreement SHALL include the
A written agreement MUST be dated
and signed by the DRA and debtor;
must include name and phone
number of debtor and name,
address, phone number and fax and
email address of DRA; describe all
services to be provided; state all
fees, separately itemized that are to
be paid by debtor; list all creditors as
disclosed by debtor to whom
payments will be made under
Agreement; state the total amount
owed, the payment mount, the
schedule of payments to be made
and the total number of payments
for each listed creditor. (s.17.1(4)
Act)
Must provide a written report,
containing a) gross amount received
by DRA from or on behalf of debtor
b) amount and date of payments and
to whom they were made; c) any fee
commission or disbursement
retained by the DRA
(s.17.1(2)&(7)Act)
This written report must be provided
without charge once every 60 days
that the DRA is acing for the debtor
(s.17.1(8) Act)
Cannot make claim for breach of
contract against a debtor who
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REPAYMENT/SETTLEMENT SERVICES AND AGENCIES
LEGISLATION AND REGULATION*
ALBERTA BRITISH COLUMBIA ONTARIO PRINCE EDWARD ISLAND
proposed schedule of payments for
each debt, the maximum payment
that the CA may accept for services
provided under the agreement is
15% of every payment made by the
debtor AND the first page of the
agreement shall be the document
entitle “Repaying Debt and Credit
Counselling – What You Need to
Know” (found on the Government of
Ontario’s Website).(s.27(2) Act)
If CA proposes to settle debt with an
offer of a one-time payment the
agreements SHALL state for each
debt the date on which an offer to
settle will be made and the amount;
the maximum amount a CA may
accept for services is 10% of the
amount of each debt at the time the
agreement is signed, that is settled
through the CA AND the first page of
the agreement shall be the
document “Settling Debt – What You
Need To Know” (found on the
Government of Ontario’s Website)
(s.27(3) Act)
The Agreement shall disclose
whether or not the CA received or
will receive funding from creditor in
exchange for entering into the
Agreement (s.27(1)(5) Reg)
The Agreement must also include:
the name and address of the debtor,
the CA’s registered name, business
address, phone and fax number,
email address, website address and
registration number; the names of
any collectors who negotiated or
concluded the Agreement and their
registration numbers; the date
entered into; proposed termination
date; itemized list of all services
provided; details of all debts
cancels an Agreement (s.17.1 (2)(j)
Act)
Must inform a debtor within 30 days
after a creditor has notified that it
has decided not to participate in or
has withdrawn from a debt
repayment program (s.17.1(2)(k)
Act)
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REPAYMENT/SETTLEMENT SERVICES AND AGENCIES
LEGISLATION AND REGULATION*
ALBERTA BRITISH COLUMBIA ONTARIO PRINCE EDWARD ISLAND
including each creditor’s name,
amount owing and interest rates;
total amount owed to ALL creditors;
any restrictions, limitation and
conditions; a statement that debtor
is entitled to receive a written report
on performance of Agreement
within 15 days of requesting same;
date and signature of debtor, CA and
C (s.27(1)(6) Reg)
Agreement may be amended by
express agreement of debtor and CA
(s.27(2)Reg)
If amended, the debtor may without
reason cancel agreement at any time
form the date that the amendment
is agreed until 10 days after
receiving the written copy of the
amended agreement (s.27(3) Reg)
Amendments must meet
requirements of Act and Regulations
and does not retroactively affect
rights and obligations of debtor
(s.27(4) & (5)Reg)
Cancellation of
Agreement
Unless the agreement provides for
an earlier termination date, the
agreement terminates 18 MONTHS
after the later of i) the date entered
into, ii) the last day on which a
payment was made iii) if any debts
are settled, the last day on which the
settlement occurred (s.27(1)(4) Reg)
A debtor who is a party to a debt
settlement agreement may without
any reason, cancel the agreement at
any time from the date of entering
into it until 10 days after receiving a
written copy (s.16.7(1) Act)
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REPAYMENT/SETTLEMENT SERVICES AND AGENCIES
LEGISLATION AND REGULATION*
ALBERTA BRITISH COLUMBIA ONTARIO PRINCE EDWARD ISLAND
Additionally, a debtor may cancel
the agreement within ONE YEAR
after the date of entering if the
debtor has not received a copy that
meets the requirements set out in
the Act (s.16.7(2) Act)
A debtor who cancels the agreement
must do so in accordance with ss.92
& 94 of the Consumer Protection Act
and section 16.9 of the Act
Restrictions on Fees /
Payments
Cannot charge a debtor a fee that EXCEEDS
the SUM OF
a) a one-time administration fee that is
NOT higher than the average monthly
payment as set out in the Agreement; AND
b) 15% of the scheduled payment amount
OR
(where there are no scheduled payments)
10% of the debt owing and this fee can only
be charged to the debtor after an
acceptable settlement has been
negotiated(s.12.1(4) & (5))
Cannot charge a fee for a dishonoured
cheque unless the fee was included in the
written agreement (s.12.1(1)(f) Reg)
Cannot charge or receive a fee in the form
of a promissory note or other negotiable
instrument other than a cheque or draft
(s.12.1(1)(g) Reg)
Cannot lend money or provide credit to a
debtor (s.12.1(h) Reg)
Cannot offer, pay or give any bonus,
premium or award to a debtor for entering
into an agreement (s.12.1(i)(Reg)
Cannot collect any fee for referring,
advising, assisting etc. a debtor in getting
any extension of credit from a lender,
creditor or service provider (s.12.1(j) Reg)
A debt pooler MUST NOT charge fees or
disbursements in excess of the prescribed
amount (s.127(3) Act)
A CA shall not accept payment for
services UNTIL the debtor has
entered into an agreement with the
creditor regarding the amount to be
paid to creditor to settle debt; the
debtor has made at least one
payment; the CA has written
evidence of such payment (s.28(1)
Reg)
The amount a CA may accept as
payment for services from debtor
SHALL NOT EXCEED: [TOTAL
AMOUNTS CA MAY ACCEPT FOR ALL
DEBTS OWED AS SET OUT IN
AGREEMENT] X [AMOUNT OF DEBT
OWED TO CREDITOR] / [TOTAL
AMOUNT OF DEBT OWED TO ALL
DEBTOR’S CREDITORS] (s.28(3) Reg)
If CA proposes to negotiate a
settlement by scheduled payments
the CA may also charge a one-time
fee of no more than $50 (s.28(4)
Reg)
A CA may charge a debtor a fee for a
dishonoured cheque BUT cannot be
greater than the actual amount
charged to the CA by FI that
dishonoured the cheque (s.28(5)Reg)
Cannot charge a fee for a
dishonoured cheque unless the fee
was included in Agreement with
debtor (s.17.1(2)(e) Act)
Cannot charge or receive any fee in
the form of a promissory note or
other negotiable instrument other
than a cheque or draft (s.17.1(2)(f)
Act)
Cannot collect any fee for referring,
advising, procuring, arranging for or
assisting a debtor in obtaining any
extension of credit from a lender,
creditor or service provider
(s.17.1(2)(i) Act)
Cannot collect or retain a fee,
commission or disbursement for
services unless before providing
service DRA has EITHER entered into
a written agreement signed by the
DRA and the debtor OR obtained
written authorization signed by the
debtor to provide service AND
delivered a copy of the agreement or
authorization (s.17.1(3) Act)
Cannot charge a fee that EXCEEDS
(in the case of scheduled payments)
the sum of $50 as a one time set-up
fee AND 15% of the scheduled
7. DEBT
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REPAYMENT/SETTLEMENT SERVICES AND AGENCIES
LEGISLATION AND REGULATION*
ALBERTA BRITISH COLUMBIA ONTARIO PRINCE EDWARD ISLAND
payment amount received from or
on behalf of debtor by the DRA
OR (in the case of a one time
payment – or an agreement to
negotiate) 10% of the debt owing
and this fee can only be charged
after a settlement acceptable to the
debtor has been successfully
negotiated (s.17.1(5) & (6) Act)
Legal Proceedings
Cannot give any person any false or
misleading information including
references to the police, a law firm, prison,
credit history, court proceedings or a lien or
garnishment (s.12.1(e)Reg)
Cannot give any person any false or
misleading information including
references to police, a law firm,
prison, credit history, court
proceeding or a lien or garnishment
(s.17.1(2)(d) Act)
Prohibited Practices
If under a debt pooling system a debtor
pays money to a debt pooler for
distribution to creditor, that debt pooler
MUST NOT act for or represent any of the
creditors AND is deemed to act for and
represent the debtor (s.127 Act)
CA cannot make the following
representations regarding a debt
settlement agreement: the services
are non-profit or charitable basis if
they are not; the CA’s program is run
by the Government if they are not;
any references to registration under
the Act (other than CA’s
registration); any claim of savings or
other results that are not typical
results (meaning the average results
over a period of six months and no
longer than 12 months in preceding
calendar year); any
misrepresentations such as using the
services may deter efforts of
creditor; or that using the services
will or may prevent legal action or
garnishment (s.26(1) & 2 Reg)
CANNOT restrict debtor from having
Cannot lend or provide credit to a
debtor (s.17.1(2)(g) Act)
Cannot offer, pay or give any gift,
bonus or other compensation to a
debtor for entering into an
Agreement (s.17.1(2)(h) Act)
8. DEBT
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REPAYMENT/SETTLEMENT SERVICES AND AGENCIES
LEGISLATION AND REGULATION*
ALBERTA BRITISH COLUMBIA ONTARIO PRINCE EDWARD ISLAND
access to consumer report;
stop debtor from communicating
with creditors; provided settlement
services under a name other than
registered name;
fail to give written report to debtor
on performance within 15 days of
request;
offer or pay compensation to a
debtor in exchange for entering into
Agreement;
accept any money for assisting a
debtor to obtain an extension of
credit other than an extension of
time for debtor to repay debt;
fail to inform the creditors that the
CA or C is authorized to negotiate a
schedule of payments or one-time
payment on debtor’s behalf within
15 days of authorization;
Fail to inform debtor of a refusal by
creditor to negotiate within 15 days
of refusal; (s.29 (1-8) Reg)
Cannot misrepresent time needed to
achieve results promised (s.29(13)
Reg)
Cannot enter into an agreement if
apparent creditors would not enter
into agreement to settle debt
(s.29(14) Reg)
Cannot enter into Agreement with a
debtor if it is apparent that debtor is
not able to protect his or her
interests because of disability,
illiteracy or inability to understand
the agreement (s.29(15)Reg)
Cannot give any person false or
misleading information (s.29(16)
Reg)