About Canaan Suitt, J.D.
Canaan Suitt received his J.D. from William & Mary Law School. After serving as a senior editor for the law school’s comparative law blog, he was a staff member of the William & Mary Environmental Law and Policy Review (ELPR). As a legal intern at the National Center for State Courts, he assisted in international rule of law projects and policy review; as a research assistant, he studied political dynamics in the U.S. federal judiciary. His articles on law and philosophy have been published in the ELPR as well as the academic journal Dewey Studies. He loves using his background in research and writing to make legal information accessible. Canaan currently writes for SuperLawyers.com. In his free time, he enjoys reading, travel, and being a cat dad.
Articles written by Canaan Suitt, J.D.
How Do I Protect My Property from Creditors?
To protect your property from creditors under asset protection laws, you must limit personal liability and place property in irrevocable trusts. Creditors can recover debts through judgment liens, bank account levies, wage garnishment, and fraudulent transfers clawbacks. LLC formation provides personal asset shielding protections from business creditors. An asset protection trust with a spendthrift clause protects assets for beneficiaries. Bankruptcy exceptions protect certain property from …
How Do I Stop Creditor Debt Collection Abuse?
Owing money to a business or lender and struggling to make payments is stressful enough. Harassing phone calls from a debt collection agency take a bad situation and make it worse. Debt collection harassment is not just stressful — it's often counterproductive to the goal of paying off your debts. And it's illegal. This article will cover prohibited debt collection practices under the federal Fair Debt Collection Practices Act (FDCPA) and some specific actions you can take to stop …
What Are Creditors’ Rights in a Bankruptcy?
Bankruptcy is a legal process intended to give indebted individuals and businesses a fresh start. When a debtor files a bankruptcy petition with the bankruptcy court, an automatic stay is created that protects the debtor from further debt collection or lawsuits. While bankruptcy focuses on protecting debtors’ rights and eliminating their debt obligations, creditors also have important rights in the process. This article will explain the rights of creditors in a bankruptcy …
What Options Do Creditors Have if the Debtor Doesn’t Pay?
When someone fails to repay their debts, the business or lender that is owed money (called a creditor) has various options to try to get their money back. Sometimes, creditors can successfully collect without going to court. Other times, a lawsuit becomes necessary to collect debts. “Usually, by the time you're contemplating a lawsuit to collect on an unpaid invoice, you're already behind the eight ball,” says Wisconsin creditors’ rights attorney Seth E. Dizard. The upshot is that …
How To Investigate and Report Nursing Home Abuse
From medical care and community life to assistance with daily activities, long-term care facilities provide valuable services and can promote the well-being of older adults in many ways. However, nursing home residents are also a highly vulnerable population. Despite resident rights protections under the federal Nursing Home Reform Act of 1987 and state laws, many abuse cases involving nursing home residents occur every year. If you have a loved one who lives in an assisted living facility, …
Navigating Nursing Home Abuse Lawsuits: Rights, Claims, and Legal Action
Residents of nursing home facilities who are victims of abuse or neglect can take legal action against the nursing home for their mistreatment. While criminal charges are brought by the state and aim to punish the perpetrator of a crime, civil lawsuits aim to give financial compensation to victims of injuries or other harm. Compensation covers: Economic losses, including medical bills; and Non-economic losses, including pain and suffering. It’s important to know that you …
What Are Nursing Home Resident Rights?
Residents of long-term care facilities have legal rights guaranteed by both state and federal laws. Violation of these rights can “occur in a variety of ways,” says Ashley N. Hadler, a personal injury attorney in Indianapolis, and if you or a loved one lives in a nursing home, it’s essential to know your rights and what to do if they are violated. As a nursing home abuse lawyer, Hadler “handles typical physical injuries such as falls or choking [as well as] more medically complex …
What Are the Types of Business Bankruptcy?
Types of business bankruptcy include Chapters 7, 11, 12, and 13 bankruptcy. In Chapter 7 asset liquidation, a bankruptcy trustee sells assets to discharge secured and unsecured debts. Chapter 7 is for business closures after financial insolvency. Chapter 11 debt reorganization restructures debt with secured creditors, with Subchapter V as a less expensive and faster option for small business debt reorganization. Chapter 13 bankruptcy is an option for sole proprietorships to pay secured …
When Should My Business File for Bankruptcy?
Your business should file for bankruptcy if you are facing business insolvency, have unmanageable debt, and need asset protection from creditor lawsuits. Filing for bankruptcy puts an automatic stay in place to stop collection actions. Chapter 7 is for asset liquidation bankruptcy to discharge debt and get a fresh start. Chapter 11 financial restructuring bankruptcy allows a business to continue operating with a repayment plan under trustee oversight. Subchapter V is a faster and less expensive …
What Property Can I Keep in a Bankruptcy?
You can keep exempt property in Chapter 7 asset liquidation bankruptcy if it qualifies for state or federal exemptions. In a Chapter 7 filing, a bankruptcy trustee liquidates non-exempt assets to pay off creditors. Common federal and state exemptions include the homestead exemption, vehicle exemption, household goods, personal property, jewelry exemptions, tools of trade, clothing exemptions, and a wildcard exemption. Financial account exemptions include retirement accounts, life insurance, …
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