U.S. Bankruptcy Code imposes something called an automatic stay the moment that a petition for bankruptcy is filed. The automatic stay will usually halt the commencement, enforcement or appeal of actions and judgments against a debtor from the creditors they owe money to that are attempting to collect these debts incurred prior to the bankruptcy petition. In addition, the automatic stay protects property of the bankruptcy estate itself from collection actions and proceedings.

If a creditor violates the automatic stay their actions are voided out. Any violation of the stay might cause the violating party to have damages assessed to them. But, like every complicated law, there are exceptions. A creditor might be allowed to take their collateral if they obtain permission from the court first. They’ll get this by filing a motion for relief from the automatic stay.

The court will either grant the motion or provide security to the creditor, ensuring that the value of their collateral won’t decrease during the stay. Without the protection of the automatic stay creditors could hypothetically race to the courthouse in order to improve their positions against a debtor. If this happened, and let’s say that a debtor’s business was facing just a temporary crunch, it might not survive a “run” by creditors when their business could otherwise be salvaged. A run may also result in waste and it might be unfair to similar creditors that are owed money too.

There are three kinds of avoidance actions, and all of these are intended to limit the risk of the legal system prompting the downfall of a financially unstable debtor who hasn’t yet declared bankruptcy. The bankruptcy system will generally reward creditors who continue extending financing to debtors and will discourage creditors from ramping up their debt collection efforts.

Despite the fact that these rules are seemingly simplistic, a number of exceptions exist for each type of avoidance action.

Mallory Megan is employed by a debt collection agency. Also, she does stories on business and finance, the credit industry, and collection agencies.

On November First of 2009, financial institutions and other creditors were ordered to comply with the Red Flag provisions of the Fair and Accurate Credit Transactions Act of 2003. The purpose of the Red Flag rules is to mitigate and prevent identity theft. Identity theft could be defined as any fraud involving people getting particular benefits by pretending to be someone else.

Broad in scope, the Red Flag rules definition of financial institutions is any organization engaged in insurance, banking, or similar activities, and a good amount of the definitions come with leeway to expand compliance demands. Any consumer account involving multiple payments or transactions that is offered to organizations can be subject to the rules.

The rules in a nutshell state that any financial institution or creditor that may be subject to a reasonable and foreseeable risk of identity theft must develop an identity theft prevention program in order to remain in compliance. These programs should include identification of any activity that may be considered identity theft. They should pursue red flags that have already been identified, and should take action to prevent and mitigate theft. Finally, period review and updating of red flags are necessary to comply with the Red Flag provisions.

Additionally, the Red Flag provisions say that an institution’s identity theft prevention program should be managed and written by senior company management. Training and overseeing this service are required.

Identity theft is an expensive and disparaging issue; business and consumer losses came to about $56.6 billion in 2005 alone. But when one considers how harmful identity theft can be to a business, not complying with these regulations can be even more expensive and harmful. Potential losses, costly investigations, regulatory fines and potential lawsuits are all negative consequences of non-compliance. It seems as though their best bet is to follow the rules.

Mallory Megan is employed by a debt collection agency. She also writes articles on business, finance, the credit industry and debt collection.

Collection company American Profit Recovery recently began a fund raising effort so that they can assist those trying to deliver relief to the Haiti earthquake victims. American Profit Recovery has chosen the Saint Rock Haiti Foundation which is a charity that provides medical care for the people of Haiti.

There are three different ways in which the debt collection company will raise funds. One will be the dedication of five percent of the revenue from their largest trade show. The cash will come from all sales at the show in addition to any that come in until the end of February.

Employees are given the option to contribute by paying to have the chance to dress casually each Monday in February. Food that is bought at their three locations will also go directly to Saint Rock Haiti Foundation.

American Profit Recovery chose Saint Rock Haiti Foundation after one of their employees brought the organization to its attention. And by picking this charity, it will have the opportunity to apply to the Grand Lodge of Masons over in Massachusetts to match their donation, doubling fund raising efforts.

American Profit Recovery is a collection company with offices in North Carolina, Massachusetts, and Michigan. It was founded in 2004. APR concentrates on the collection of third party debt in professional industries such as banking, trades, medical and dental, and lawn care.

APR has a large interest in good business practices and diplomacy with debtors. They work to keep the relationship between client and consumer intact; their goal is to keep the business relationship going.

Recent studies suggest that collection companies that train their collectors in empathy are the latest trend and the most successful. If someone is being contacted by numerous collection agencies, they are more likely to work with the collector that has shown compassion. More debt collection agencies could take a lesson from APR and start giving back to the community.

Mallory Megan works for a debt collection company and does pieces on consumer spending, business, finance, and debt collection.