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Debtor-creditor law governs situations where one party is unable to pay a monetary debt to another. Non-bankruptcy debtor-creditor law arises mainly from state statutory and common law. Tort law, such as defamation, provides a means for state courts to limit private means of debt collection. States also regulate debt collection through statute. Congress has enacted the Fair Debt Collection Practices Act to regulate some debt collectors.
A debtor may attempt to fraudulently convey a piece of property to avoid having it seized. State laws seek to prevent this type of property transfer. Many states have adopted the Uniform Fraudulent Conveyances Act or its successor, the Uniform Fraudulent Transfer Act.
Bankruptcy is governed by federal statute which supersedes state debtor-creditor law in circumstances where it applies. See Bankruptcy
Debtor Attorney & Lawyer Referral 661-310-7999
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