ABI

JANUARY 10, 2020

Luxurious lifestyles alone do not violate the good faith requirement for proposing a plan of reorganization under Chapter 11 of Title 11 of the United States Code (the “Bankruptcy Code”). 3] Facing financial distress, the debtor filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code. [4] at *11–12. [7]

Unsecured Creditor 40

Unsecured Creditor Debtor Bankruptcy Creditors 40

PBWT

MARCH 7, 2021

The issue arose recently where a chapter 11 debtor already had DIP financing in place. ” 11 U.S.C. § 2013 (quoting United Savs. ” 11 U.S.C. § But what if you’re a debtor and decide a PPP loan could save your business? Will a court dismiss the case so you can seek a loan? § 1112(b)(4).

Debtor 65

Debtor Bankruptcy Loans Unsecured Creditor 65

Fico Collections

APRIL 3, 2023

These staff include Dr. Timo Berthold, who was affiliated with ZIB between 2005 and 2013 before joining FICO, and today helps drive innovation for FICO Xpress Optimization , a world-leading optimization software that is part of FICO Platform.

Education 97

Education Financial services Government 97

Jimerson Firm

DECEMBER 27, 2023

11 U.S.C. § The Bankruptcy Code provides 3 examples of cause: (1) an unreasonable delay by the debtor, (2) nonpayment of any fees or charges required by the Bankruptcy Code, and (3) failing to provide required documents to the trustee. The Eleventh Circuit has held that bad faith constitutes cause under 707(a). See In re Piazza, 719 F.3d

Debtor 59

Debtor Bankruptcy Chapter 7 bankruptcy Creditors 59

Jimerson Firm

JANUARY 30, 2023

2:13-CV-05322-WY, 2013 WL 6667822, at *10-11 (E.D. 17, 2013) (holding that former employees will not violate the non-compete by being physically present within the restrictive area, if they work remotely outside the restricted area). Rosenthal , No.

Trade 52

Trade Healthcare Government 52

ABI

JANUARY 12, 2022

2] Debtor then created a real estate trust and a financial assets trust, both effective January 1, 2013, and made RE Corp. 7] On December 3, 2018, Debtor filed a voluntary petition for relief under Chapter 11 of the United States Code (the “Bankruptcy Code”). [8] the only trustee. [3] 3] The archbishop was the sole member of RE Corp.

Debtor 40

Debtor Bankruptcy Unsecured Creditor Creditors 40

Jimerson Firm

JANUARY 17, 2023

5th DCA 2013) (citing H.W. 11, 2016) (enforcing unsigned agreement to arbitrate, where party (i) confirmed receipt of the agreement; (ii) reviewed the agreement; (iii) never objected to the arbitration provision; (iv) never mentioned any concerns with the agreement; and (v) performed under the agreement). Fi-Evergreen Woods, LLC v.

Construction 52

Construction Creditor's Rights Government Commercial Collection 52

BN Lawyers

AUGUST 6, 2021

She handled every aspect of bankruptcy practice, helping businesses successfully reorganize and representing creditors, creditors’ committees, and trustees, and even serving as a Chapter 11 trustee. in 2008 and the 2013 Volunteer of the Year Award from Jewish Family Services of Austin.

Bankruptcy 52

Bankruptcy Acquisition Creditors 52

ABI

JANUARY 22, 2020

Under Chapter 15 of title 11 of the United States Code (the “Bankruptcy Code”), a court may grant recognition to a debtor’s foreign proceeding as a foreign main or nonmain proceeding depending on the location of a debtor’s center of main interest (“COMI”) or establishment. [1] 11] Moreover, the facts did not rebut the presumption. [12]

Debtor 40

Debtor Bankruptcy Creditors 40

FFGN COLLECT NY

JUNE 17, 2020

Small businesses defrauded by Northern Leasing between April 1, 2013 to the present date will receive restitution for amounts paid. The firm and two of its attorneys were ordered to disgorge any attorney’s fees collected from defendants on behalf of Northern Leasing since April 11, 2013. Sussman, P.C.,

Judgment 52

Judgment Collections Creditors 52

Consumer Financial Services Law

FEBRUARY 18, 2019

Building on its 2013 decision in Glazer v. 11, 2019), the consumer alleged that Trott Law violated the FDCPA by failing to cease debt collection activities after receiving his dispute and request for validation. Chase Home Finance LLC., 3d 453 (6th Cir. Chase Home Finance LLC., 3d 453 (6th Cir. In Scott v. Trott Law, P.C.

Foreclosure 40

Foreclosure Law Firms Debt collector Collections 40

ABI

JANUARY 20, 2020

In In re Parkland Properties , the Bankruptcy Court for the Northern District of Illinois held that a debtor may implicitly waive its right to enforce a reorganization plan confirmed under Chapter 11 of Title 11 of the United States Code (the “Bankruptcy Code”). [1] 10] Parkland failed to respond to these requests. [11] 3] See id. [4]

Debtor 40

Debtor Foreclosure Bankruptcy Legal Rights 40

ABI

JANUARY 12, 2020

11] However, the receiver and receivership court do not exercise unlimited power in determining the appropriate relief. [12] 11] See id. 13] The Court of Appeals for the Fifth Circuit therefore concluded that the district court had abused its discretion by enjoining third-party extracontractual claims against t. [1] 1] See SEC v.

Banks 40

Banks Bankruptcy Debtor Judgment 40

Burr Forman

SEPTEMBER 22, 2020

In drafting the IFR, the DOL appears to have taken into account comments to the 2013 ANPRM, e.g., the IFR eliminates the illustrations using projected account balances and replaces the 50% survivor annuity with a 100% survivor annuity. On August 18, 2020, the DOL issued the IFR. New Rule.

Loans 52

Loans 52

Burr Forman

SEPTEMBER 16, 2020

In drafting the IFR, the DOL appears to have taken into account comments to the 2013 ANPRM, e.g., the IFR eliminates the illustrations using projected account balances and replaces the 50% survivor annuity with a 100% survivor annuity. On August 18, 2020, the DOL issued the IFR. New Rule.

Loans 52

Loans 52

FDCPA Defense

AUGUST 22, 2016

There, the collection law firm defendant communicated with plaintiff on a number of occasions, and each time the firm identified itself as a “debt collector,” as required by section 1692e(11) of the FDCPA. Although the trial court felt this was only a “ de minimus ” violation of section 1692e(11), it entered judgment in favor of Davis.

Debtor 40

Debtor Debt collector Law Firms Accrued Interest 40

Jimerson Firm

OCTOBER 21, 2021

3d 11 (Fla. 3d DCA 2013). These damages can be awarded when there are additional direct costs associated with accessing a repair area along with the actual cost of repairing the defect. Mid-Continent Cas. Treace , 186 So.3d Loss of Use Damages. Regions Bank v. Maroone Chevrolet, LLC , 118 So.3d 3d 251, 257 (Fla. May Plumbing Co. ,

Construction 98

Construction Trade Judgment Banks 98

Troutman Sanders

MARCH 28, 2023

Department of Education announced that it will hold virtual public hearings on April 11-13 to receive stakeholder feedback on potential issues for future rulemaking sessions. The final rule rescinds HUD’s 2020 rule, governing Fair Housing Act disparate impact claims and restores the 2013 discriminatory effects rule. and 682.416.

Financial services 52

Financial services Student loans Student Loans Financial Institution 52

Troutman Sanders

JANUARY 17, 2024

On January 11, the Consumer Financial Protection Bureau (CFPB) issued guidance to consumer reporting companies to address inaccurate background check reports, as well as “sloppy” credit file sharing practices. On January 15, Epiq AACER reported that U.S. For more information, click here. In additional to paying $1.8

Financial services 52

Financial services Student loans Student Loans Trade 52

The Creditors Rights

JULY 5, 2016

The receiver caused them to file chapter 11 petitions, and soon after the petitions were filed, sought an order from the bankruptcy court substantively consolidating the bankruptcy estates. 3d 1321 (11 th Cir. In fact, Petters used PCI and the SPEs to operate a Ponzi scheme. PCI and the SPEs were placed into receivership.

Lender 40

Lender Bankruptcy Creditors Collateral 40

Consumer Financial Services Law

MARCH 15, 2019

2013) and Scott v. At first glance, the decision appears to be in conflict with the Sixth Circuit’s prior decisions in Glazer v. Chase Home Fin. LLC, 704 F.3d 3d 453 (6th Cir. Trott Law, P.C., LEXIS 1015 (6 th Cir. In those cases, the Sixth Circuit concluded that foreclosure proceedings are debt collection.

Bankruptcy 40

Bankruptcy Foreclosure Law Firms Creditors 40

Troutman Sanders

MARCH 21, 2022

By ignoring warning signs that the merchants were fake, millions of dollars of consumers’ credit card payments were laundered to the scammers from 2012 to 2013. For more information, click here.

Financial services 52

Financial services Financial Institution Manufacturing Debt collector 52

Troutman Sanders

JANUARY 30, 2024

billion in civil monetary penalties since 2013, with $281 million collected in settlements in 2023 alone. On January 11, the BIS Innovation Hub Swiss Centre, the Swiss National Bank, and the World Bank announced their collaboration on Project Promissa, an initiative aimed at digitizing promissory notes.

Financial services 52

Financial services Financial Institution Banks Credit Unions 52

The Creditors Rights

MARCH 15, 2016

3d 1323 (11 th Cir. The court further noted there is no language in the Bankruptcy Code which prevents Chapter 20 debtors from receiving the other benefits chapter 13 has to offer, and had Congress intended to prevent these debtors from avoiding liens, it would have included specific language when it enacted BAPCPA. 3d 747 (8 th Cir.

Debtor 40

Debtor Secured Creditor Creditors Bankruptcy 40

Collection Industry News

FEBRUARY 22, 2023

And a CFPB report on credit card late fees from March 2022 found that the average deep subprime account was charged $138 in late fees in 2019, while the average “superprime” account (credit scores of 720 or higher) was charged $11. But the report mentions the improving economy as a possible contributing factor.

Consumer Credit 40

Consumer Credit Collections Government Banks 40

Fraser

MARCH 8, 2021

Please see our January 11, 2021 Client Alert. This limited relief allows the Expanded Carryover to be adopted, regardless of whether the plan currently has a grace period or carryover or not (having carryovers and grace periods in the same years normally would not be allowed – see Notice 2013-71). Plan amendments are required.

Lawyers 77

Lawyers 77

Price Meese

AUGUST 2, 2023

at 11-12 (citing Chevron USA v. APT Pittsburgh v. Penn Township, 196 F.3d 3d 469, 479, 480 (3d Cir. See also, T-Mobile Northeast v. Borough of Leonia Zoning Board of Adjustment, 942 F. 2d 474, 482 (D.N.J. In White Deer Township, the Third Circuit explicitly overruled the old “effective prohibition” test set forth in APT Pittsburgh.

Government 40

Government Construction Judgment 40

FDCPA Defense

FEBRUARY 1, 2018

2013 WL 1249598, at *8 (D. 25, 2013) (denying certification of FDCPA class relating to collection of assessments where determination of whether property was used for business purposes “would require individual investigation to determine the nature of the transaction.”); Kitamura v. AOAO of Lihue Townhouse, 2013 WL 139058, at *5 (D.

Accrued Interest 40

Accrued Interest Foreclosure Debt collector Debtor 40

Collection Industry News

JUNE 14, 2021

The state attorney general in 2013 entered into an agreement with Bella requiring him to pay $165,000 in restitution and penalties for illegal debt collection practices. Boyland and 11 co-defendants were prosecuted for grand larceny and other crimes in 2010 by then-Attorney General Andrew M.

Debt collector 40

Debt collector Judgment Collections Collection Companies 40

FDCPA Defense

JULY 20, 2013

On July 11, 2013, California passed the FairDebt Buying Practices Act , California Civil Code section 1788.50 If the debt was sold prior to January 1, 2014, the name and last known address of the debtor as they appeared in the debt owner’s records on December 31, 2013, shall be sufficient. (6)

Debtor 40

Debtor Creditors Judgment Collections 40