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Home | Legal Issues Search 
Free Report! Legal Issues
Legal Issues Today

That the law governing credit is complicated comes as no surprise to credit managers. Credit Today is unsurpassed in explaining complex legal issues and translating often obscure legal language into terms that shed light instead of shadow. Here's what you need to know about liens, contracts, personal and corporate guarantees, UCC issues, security interests, PMSIs, battles of forms, managing lawsuits, antitrust issues and much more!

Oral Guarantees - Enforceable or Not?
Roger Blink, owner and operator of Blink Productions, thought he had everything ready to go for his next epic film. Script, cast, and sets had been approved, rehearsed, and arranged. The project was only a day away from going into production when Rog . . . keep reading
Duty to Read
Credit Manager Tom Wright was skeptical about Sam O'Brien, a new prospect being touted as a potential major customer by the sales rep. O'Brien Distributors, Inc., was clearly a fast growing operation and current suppliers were reporting good payment . . . keep reading
Consumer Attorneys Contacting Debtors Represented by Attorneys
Jim had just filed his bankruptcy petition and was looking forward to starting a brand new life unburdened by credit card debts. Since no one had appeared at the First Meeting of Creditors, he felt confident he would obtain his discharge in bankruptc . . . keep reading
Attorney Fees for International Collections
Retaining attorneys to handle foreign collections can be a challenge. Our office handles numerous claims that have to be referred overseas, and we have experienced a large divergence in the results due not only to the attorneys that we retain but to . . . keep reading
Salesman Promises Better Pricing: What are the Legal Implications From a Contract Perspective?
By Ann Morales Olazábal, MBA, JD
Gorgeous Dolls, a Manteca, California, toy manufacturer, had been selling plastic dolls to Limitless Imports, a Chicago-based toy wholesaler, since 2001. The relationship grew and by 2009 Limitless had become Gorgeous Dolls' biggest customer in the . . . keep reading
Repossession - Who Owns the Collateral?
Prior to the enactment of the Uniform Commercial Code (UCC), common law provided that when a creditor repossessed collateral covered by a security agreement title normally passed directly to the creditor. The UCC changes that concept radically. When . . . keep reading
Assignments for the Benefit of Creditors
Crispin Creations had been a reliable customer of Harry & Sam's Processing Center for years. So Harry and Sam were inclined to be patient when Joe Crispin took Joe, Jr., in as a full partner, and Crispin Creations seemed to be going through some turm . . . keep reading
Collecting From a Debtor in the Federal Witness Program
"It's like this guy has dropped right off the face of the earth," Muary Talbott of Talbott Financial told his assistant Jason Green when he put down the phone. "I've tried every way I know of to locate him, and he's just disappeared." "Boss, I al . . . keep reading
Attachments
"Have you been able to talk to Richard Butler about a pay-out plan on the $15,000 that he owes us?" Eric Black of Black Distributors asked Joe Morris, his finance manager. "No, Eric, I haven't been able to reach him," Joe replied. "I called him s . . . keep reading
Guerilla Settlement Negotiations
The keys to successfully negotiating a settlement with a problem customer, like any other negotiations, are preparation, careful consideration of all the facts and circumstances, and plain old fashioned common sense. Here are seven guidelines offered from the perspective of a creditors' attorney that will always serve you well in negotiating with debtors: . . . keep reading
Retention of Settlement Checks
After Mabel purchased a home through a foreclosure sale by the first mortgagee, she offered the second mortgagee $9,000 in satisfaction of the $30,000 remaining on that obligation. Her offer stated in part that a check was enclosed, and that retentio . . . keep reading
Agreements of Guarantee
Tom Carling had been retired in Florida for three years when he began to hear disturbing reports about the company where he'd spend his career as a partner/manager. Sales were off significantly, several lawsuits were pending against the company for d . . . keep reading
Negotiable Instruments
Phil figured it was his lucky day. He needed a copying machine, and he'd just happened to run into Charlie, an old friend who was closing down his business and had a machine to sell. It was hardly used, Charlie assured him, and for Phil, he'd let it . . . keep reading
Getting the Correct Name
Suits must be instituted against the proper party, whether it is a business or an individual. If you institute suit against an incorrect name, the judgment will be filed against that name, and you will be unable to execute on the judgment against the . . . keep reading
Can Shari Walk in and Repossess Her Collateral Without Express Consent?
When Shari agreed to merge her medical laboratory with RX Medical, RX assumed payments for the bank loan she had secured with certain computers, terminals, monitors, disks, and other computer equipment. And when RX eventually defaulted a few months a . . . keep reading
Personal Guarantee on the Back of a Credit App: Is it Valid?
"We're out of business," Charlie Knapp told Bill Phillips when Bill called him at his home. "But I guess you knew that." Charlie had been president of Knapp Welding Corporation, a customer of Ace Supply where Bill was credit manager. "Yes, I do . . . keep reading
Can Bank Avoid Paying on Letter of Credit Based on This Technicality?
The sale of $50,000 in machine parts by Johnson Industries to Fielding Enterprises was secured by an irrevocable letter of credit issued by the First State Bank. The letter of credit is read as follows: "First State hereby agrees to accept and pay . . . keep reading
Collecting From Joint Ventures
Credit Manager Wiley McLean okayed a first delivery of materials on regular 30-day terms to Contractor Tom Reynold's new jobsite without hesitation. Reynolds was a small but established customer with a good payment record. It crossed Wiley's mind tha . . . keep reading
Cashiers' Checks
Paul Stymie had Dick Rufus in a tough spot, and he knew it. Dick had lost most of his regular customers at his boat yard when a storm filled the river channel with sand. Dredging would take a year or more, and meanwhile Dick was being besieged by his . . . keep reading
Understanding Waiver and Estoppel: Does Setting a Precedent Tie Your Hands Later?
By Ann Morales Olazábal, MBA, JD
Jamestown Architectural Finishes had been selling paint and other supplies to Professional Paint, Inc. (PPI) for more than a decade. Twice in the last five years, PPI hit rough spots and let its outstanding balance get a bit overdue, but on both occa . . . keep reading
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This month's topic: Processing of Credit Applications

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  • What information is being captured on credit applications
  • What additional information is being requested during the credit app process (such as personal guarantees, financial statements, resale certificates, etc.)
  • What the primary challenges are relative to the processing of credit apps
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