PBWT

JANUARY 23, 2022

In August 2018, the car dealership filed for chapter 11 bankruptcy protection. 11 U.S.C. § 11 U.S.C. § 11 U.S.C. § A recent decision applied the ordinary course of business defense to a preferential transfer claim where the parties had engaged in only two transactions. 18-50214, Adv. § 547(b).

Bankruptcy 52

Bankruptcy Debtor Law Firms Creditors 52

Burr Forman

NOVEMBER 17, 2021

The case was originally filed in February 2015 and conditionally certified as a collective action in September 2016. News & World Report, 2021-11-09). Settles Lawsuit Easing Visa Holders’ Spouses Access to Work (Source: The Hill, 2021-11-10). Carr, et al. AutoZoner, LLC and AutoZone Stores, Inc.

Government 59

Government Collections 59

PBWT

MARCH 28, 2022

Facing massive liability from current plaintiffs as well as an unknown and unknowable group of future plaintiffs, asbestos manufacturers filed for chapter 11. See 11 U.S.C. § 2015) (upholding bankruptcy ruling approving third-party releases). § 524(g). FCC (In re Airadigm Commc’ns, Inc.) , 519 F.3d 79 (E.D.

Debtor 65

Debtor Bankruptcy Manufacturing Retail 65

ABI

JANUARY 13, 2022

4] Thereafter, the Debtor filed a petition for relief under chapter 11 of title 11 of the United States Code (“Bankruptcy Code”), which automatically stayed all litigation against the Debtor, including the arbitration. [5] 2015) (Niemeyer, J., 14]. An automatic stay enjoys the proceedings against a debtor.

Bankruptcy 40

Bankruptcy Debtor Creditors 40

PBWT

NOVEMBER 15, 2020

See 11 U.S.C. §§ ” 11 U.S.C. § ” 11 U.S.C. § In 2015, Defendants brought a motion for summary judgment under section 546(e), arguing that the transfers were protected by the safe harbor. The Bankruptcy Code enables a trustee to set aside certain transfers made by debtors before bankruptcy.

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Bankruptcy Financial Institution Debtor Judgment 104

ABI

JANUARY 28, 2024

11] Id. Court of Appeals for the Fifth Circuit in Hoover , where each factor needs to be fulfilled for an injunction to be granted and a stay extended to a non-debtor. [10] 10] Here, the court found, “at best [the General Contractor] has satisfied [only] one of the four elements.” [11] 10] Id. at *2–3 (citing Hoover v. Morales, 164 F.3d

Debtor 40

Debtor Construction Bankruptcy Judgment 40

ABI

JANUARY 12, 2022

Section 524(g) of title 11 of the United States Code (the “Bankruptcy Code”) allows a debtor in a Chapter 11 case to establish a trust for the purpose of settling personal injury claims against the debtor based on exposure to asbestos-containing products. [1] 1] 11 U.S.C. § 13-31914, 2021 WL 4156247, at *11 (Bankr.

Bankruptcy 40

Bankruptcy Debtor Judgment Creditors 40

Troutman Sanders

JUNE 22, 2021

In July 2020, the Supreme Court held that a 2015 amendment to the TCPA’s robocall restriction exempting calls made to collect government-backed debts transformed the provision into an unconstitutional content-based speech restriction. LEXIS 113384 at *11–14. 17, 2020) (holding the severance is retroactive). Mehaffey , 2021 U.S.

Government 52

Government Collections 52

UK debt collections

FEBRUARY 15, 2022

RKAL, which was established in 2015, presented itself as a turnaround or recovery service , and promised companies in financial difficulties that it would enable them to wipe their business debts and avoid formal insolvency proceedings, for a fee of between £5,000 and 10% of the failing company’s total liabilities.

Acquisition 59

Acquisition Trade Creditors 59

Jimerson Firm

FEBRUARY 10, 2022

Ocwen Loan Servicing, LLC, 8:14-CV-3214-T-35MAP, 2015 WL 12938920, at *1 (M.D. a United States District Court in the 11 th Circuit analyzed the issue of whether a creditor’s issuance of a 1099-C extinguishes or cancels a debt. 1:11–cv–72, 2012 WL 1098619, at *7 (W.D.N.C. See Caplinger v. 1099-C Issuance. For example, in Ware v.

Lender 98

Lender Credit Unions Credit Unions Collections 98

Consumer Financial Services Law

SEPTEMBER 4, 2016

A week later, the consumer filed suit asserting violations of the FDCPA, including violations of section 1692e(11), contending that the collector failed to disclose the communications were from a debt collector. Credit Control Services, 2015 WL 5824941 (D. Delta Outsource Group, C.A. 4:15-cv-1744 (E.D. 25, 2016) quoting Lauer v.

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Debt collector Judgment Collection Agencies Collections Agency 40

PBWT

AUGUST 29, 2021

Numerous Chapter 11 plan confirmation appeals have been dismissed when, even though effective relief could conceivably be fashioned, implementation of that relief would be inequitable. at 11-12 (emphasis in original; internal citations and quotations omitted). [5] 2015) (Krause, J., Without the equitable mootness doctrine, [. ]

Debtor 65

Debtor Unsecured Creditor Creditors Secured Creditor 65

Collection Industry News

MAY 11, 2021

Cases Finding TCPA Unconstitutional As Applied to Calls Made Between November, 2015 and July, 2020. Cases Finding TCPA Constitutional As Applied to Calls Made Between November, 2015 and July, 2020. December 11, 2020). Solutions, Civil Action No. GLR-20-965, 2021 U.S. LEXIS 86161 (D. May 5, 2021). LEXIS 237582 (C.D. Abramson v.

Banks 40

Banks Collections 40

Collection Industry News

AUGUST 11, 2020

Applying traditional severability principles, seven Justices concluded that, rather than invalidate the entire TCPA, the 2015 government-debt exception must be severed from the remainder of the statute. 155, 163 (2015)). Ass’n of Political Consultants, Inc. 2020 WL 3633780, 591 U.S. __ (2020).[1]. Questions Before the Supreme Court.

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Collections Government Judgment Bankruptcy 40

Collection Industry News

JULY 20, 2020

Applying traditional severability principles, seven Justices concluded that, rather than invalidate the entire TCPA, the 2015 government-debt exception must be severed from the remainder of the statute. 155, 163 (2015)). Ass’n of Political Consultants, Inc. 2020 WL 3633780, 591 U.S. __ (2020).[1]. Questions Before the Supreme Court.

Collections 40

Collections Government Judgment 40

ABI

JANUARY 13, 2021

the “Debtor”) operated a motel until 2015, when it began to develop plans to demolish the property and build an upgraded motel. [2] 9]. (the “Debtor”) operated a motel until 2015, when it began to develop plans to demolish the property and build an upgraded motel. [2] 10] 11 U.S.C. 12] See 11 U.S.C.

Bankruptcy 40

Bankruptcy Debtor Creditors 40

Fico Collections

AUGUST 30, 2022

Tue, 07/19/2022 - 16:11. Rancourt, Jessica Rodríguez-Pereira and Selene Silvestri, all associated with HEC Montréal — used the power of mathematical optimization to design a water distribution system with an example application in Nepal, which suffered drinking water supply problems following earthquakes in 2015. by Oliver Bastert.

Loans 52

Loans Trade Financial services 52

Burr Forman

AUGUST 24, 2020

The total number of Chapter 11 bankruptcy filings over the first half of 2020 was up 26% compared to the first six months of 2019, and most commentators expect to see this rise in bankruptcies continue as COVID-19 further hampers economic activity. ISO Form CG 00 01 04 13 (2015). i] 11 U.S.C. § ii] 11 U.S.C. §

Bankruptcy 52

Bankruptcy Debtor Creditors Judgment 52

ABI

JANUARY 13, 2021

2] Upon the liquidators’ request, the United States Bankruptcy Court for the Southern District of New York (“SDNY”) issued an order recognizing the Cayman Island liquidation as a “foreign main proceeding” under chapter 15 of title 11 of the United States Code (the “Bankruptcy Code”). [3] 11] See id. [12] 3d 209, 213 (3d Cir.

Bankruptcy 40

Bankruptcy Creditors 40

Fraser

MARCH 25, 2021

This is now allowed under the American Rescue Plan Act (“ARPA”), which was enacted on March 11, 2021. If you are a private employer with under 500 employees, were you aware you can voluntarily extend FFCRA paid leave from April 1 through September 30, 2021 and still receive a tax credit? However, be cautious. Elizabeth H.

Lawyers 76

Lawyers Banks Government 76

PBWT

JANUARY 15, 2021

See 11 U.S.C. § ” 11 U.S.C. § In September 2015, Samson Tulip and other Samson entities filed for bankruptcy. We have blogged previously about section 546(e) , the Bankruptcy Code’s safe harbor for certain transfers otherwise subject to avoidance as preferences or fraudulent transfers. § 546(e).

Debtor 59

Debtor Bankruptcy Judgment Acquisition 59

Jimerson Firm

OCTOBER 21, 2021

3d 11 (Fla. 5 th DCA 2015) (Appellate court upheld damages for cost to access as well as the cost to repair water damage caused by faulty construction). 3rd DCA 2015). 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.

Construction 98

Construction Trade Judgment Banks 98

Credit Corp

JUNE 11, 2021

There are just 11 cities in which the income spent on mortgage has remained mostly unchanged in the past decade. It’s also the only city on the list where homeowners have spent over 40% of their income on mortgage in both 2010 and 2015. On average, homeowners spend 41% of their gross income on mortgage payments each month.

Loans 98

Loans 98

FFGN COLLECT NY

JUNE 17, 2020

The AG noted that “Northern Leasing and its related entities filed more than 30,000 collection actions between 2010 and 2015 in New York County Civil Court. According to the initial filing, lawsuits by Northern Leasing in 2014 and 2015 accounted for a quarter of all lawsuits filed in New York County Civil Court. Sussman, P.C.,

Judgment 52

Judgment Collections Creditors 52

ABI

JANUARY 13, 2021

7] In 2015, Appellant Benjamin Pillars commenced a wrongful death lawsuit in Michigan State Court against New GM. [8] 7] In 2015, Appellant Benjamin Pillars commenced a wrongful death lawsuit in Michigan State Court against New GM. [8] 11] See id. [12] GM LLC (In re Motors Liquidation Co.), 3d 357, 360 (2d Cir. 2] See id. [3]

Bankruptcy 40

Bankruptcy Unsecured Creditor Debtor Creditors 40

Troutman Sanders

JANUARY 17, 2023

On January 11, the Consumer Financial Protection Bureau (CFPB) proposed a rule to establish a public registry of supervised nonbanks’ terms and conditions in “take it or leave it” form contracts that claim to waive or limit consumer rights and protections, such as bankruptcy rights, liability amounts, or complaint rights.

Financial services 52

Financial services Student loans Student Loans Education 52

Collection Industry News

APRIL 6, 2023

The settlement was prompted in part by an enormous backlog in the government’s processing of applications for relief under the law after the 2015 collapse of Corinthian Colleges after the emergence of extensive evidence of illegal recruiting tactics. billion owed by 560,000 borrowers who attended Corinthian Colleges.)

Student loans 40

Student loans Student Loans Loans Education 40

Collection Industry News

AUGUST 23, 2022

3 In the August 11 circular, the CFPB asserts that information security programs are also subject to CFPB oversight, as maintaining adequate consumer data protections would be required to comply with the CFPA’s prohibition on unfair, deceptive, or abusive acts or practices (UDAAP). Dionne , 22 August 2022. 1952), aff’d, 604 F.3d

Financial Institution 40

Financial Institution Trade Collections Financial services 40

PBWT

JULY 8, 2020

And the claimant bears the burden of proof that a claim qualifies for priority treatment under 11 U.S.C. § The first well was finished in 2015. Some of Whistlers’ creditors also filed an involuntary chapter 11 petition against Whistler. The goods or services must result in a benefit to the bankruptcy estate.

Bankruptcy 52

Bankruptcy Unsecured Creditor Secured Creditor Debtor 52

Consumer Financial Services Law

OCTOBER 17, 2017

3d 1309 (11 th Cir. 2015) was one of the first opinions to parse the definition of a debt collector under 15 U.S.C. LEXIS 19750 (11 th Cir. An unpublished opinion from the Eleventh Circuit continues its analysis of the definition of a debt collector and continues to narrow the applicability of the FDCPA. Capital One Bank, 797 F.3d

Debt collector 40

Debt collector Foreclosure Collections Banks 40

PBWT

MAY 14, 2021

based on the Fourth Amendment and analogous state law, (2) when a chapter 15 proceeding was filed after a chapter 11 proceeding since doing so would violate the automatic stay, and (3) when a failure to uphold section 365(n) of the Bankruptcy Code would prohibit the protection of U.S. patents under U.S. In Hosking v. Hellas Telcoms.

Debtor 65

Debtor Bankruptcy Creditors Trade 65

Burr Forman

DECEMBER 15, 2021

The case was originally filed in February 2015 and conditionally certified as a collective action in September 2016. SEC Enforcement Actions Down 15% to Lowest Level in Seven Years (Source: CFO , 2021-11-17). Accounting Guidance on ‘Spring-Loaded’ Options Issued by SEC (Source: Reuters , 2021-11-29). Carr, et al.

Government 40

Government Collections 40

In the Red

AUGUST 2, 2018

Mission’s cert petition posed two questions: Whether, under §365 of the Bankruptcy Code, a debtor-licensor’s “rejection” of a license agreement—which “constitutes a breach of such contract,” 11 U.S.C. 365(g)—terminates rights of the licensee that would survive the licensor’s breach under applicable nonbankruptcy law.

Bankruptcy 100

Bankruptcy Debtor Manufacturing Trade 100

ABI

JANUARY 12, 2022

vii] On October 20, 2015, the Shoot the Moon LLCs merged into one entity (“Shoot the Moon”) and filed a voluntary petition for relief under Chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) with the United States Bankruptcy Court for the District of Montana.

Loans 40

Loans Bankruptcy Creditors Debtor 40

Troutman Sanders

MARCH 14, 2023

According to Liang, “114 countries … are exploring a CBDC … [and] 11 countries have fully launched CBDCs ….” In 2015, the CFPB issued an agency order against RMK for, among other things, sending advertisements to military families that led the recipients to believe the company was affiliated with the U.S. government.

Financial services 52

Financial services Student loans Student Loans Loans 52

Fico Collections

SEPTEMBER 13, 2022

Tue, 11/10/2020 - 12:17. Between 2010-2015, missed payment balances decreased significantly; although they increased steadily between 2016-2020. UK Credit Card Trends: From 2008 Crash to Cost-of-Living Crisis. Darcy Sullivan. by Liz Ruddick. expand_less Back To Top. Tue, 09/13/2022 - 09:25.

Financial services 52

Financial services Lender Collections 52

Troutman Sanders

MARCH 6, 2023

According to Liang, “114 countries … are exploring a CBDC … [and] 11 countries have fully launched CBDCs ….” In 2015, the CFPB issued an agency order against RMK for, among other things, sending advertisements to military families that led the recipients to believe the company was affiliated with the U.S. government.

Financial services 52

Financial services Student loans Student Loans Loans 52