Jimerson Firm

MARCH 10, 2021

15-CV-23755, 2016 WL 4270206, at *4 (S.D. 15, 2016) (holding that banks have no duty to “process, convert, administer, or service” the borrower’s loan); Grave v. 8:10-CV-338-T-33TGW, 2011 WL 6719215, at *11 (M.D. 8:10–cv338, 2011 WL 6719215, at *10–11 (M.D. Brake , 2011 WL 6719215, at *10-11. Regions Bank, N.A. ,

Banks 98

Banks Loans Lender Financial services 98

Troutman Sanders

MAY 12, 2022

On May 11, the Senate voted 51-50 to confirm Alvaro Bedoya as a member of the Federal Trade Commission (FTC), requiring Vice President Kamala Harris to cast the tie-breaking vote. Bedoya, Clare Garvie, and Jonathan Frankle published a paper/website, “ The Perpetual Line-Up ,” in 2016. Bedoya’s confirmation was not a sure thing.

Trade 52

Trade Financial services 52

PBWT

OCTOBER 24, 2022

LEXIS 2932, at *11. ” 11 U.S.C. § But the debtor’s address was that of a worldwide corporate service company — a “letter box” and not a place where the debtor transacted “real business.” ” 2022 Bankr. § 1502(2). ” In re Creative Finance Ltd. , 498, 520 (Bankr.

Bankruptcy 65

Bankruptcy Debtor Creditors Government 65

Troutman Sanders

JANUARY 12, 2023

On January 11, the Consumer Financial Protection Bureau (CFPB) announced it reached a settlement with law firm Forster & Garbus, LLP in its lawsuit over alleged illegal debt collection practices.

Law Firms 52

Law Firms Judgment Fair Debt Collection Bankruptcy 52

ABI

JANUARY 24, 2024

3] The Debtors filed for bankruptcy in 2016 because of the “substantial environmental liabilities” they incurred as a result of these damages. [4] 3] The Debtors filed for bankruptcy in 2016 because of the “substantial environmental liabilities” they incurred as a result of these damages. [4] 11] Id. [12] at slip op.

Bankruptcy 40

Bankruptcy Debtor Creditors Government 40

UK debt collections

APRIL 28, 2021

The company was incorporated in 1995 but after 11 years of trading, the company became insolvent due to increased running costs and a highly competitive market. The company went into liquidation in November 2016 and the secretary of state has since accepted disqualifications for all 3 directors as a result of their actions.

Trade 72

Trade Bankruptcy Creditors Government 72

ABI

JANUARY 12, 2022

In general, student loan debt is not dischargeable in a case under title 11 of the United States Code (the “Bankruptcy Code”) unless there is a showing of undue hardship. at *10–11. [ix] Joe Pizzingrillo. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . at *12­–13.

Student loans 40

Student loans Student Loans Loans Bankruptcy 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.

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. § While working on the second well in March 2016, a Nabors’ employee died after being trapped inside a mud/gas separator. Some of Whistlers’ creditors also filed an involuntary chapter 11 petition against Whistler.

Bankruptcy 52

Bankruptcy Unsecured Creditor Secured Creditor Debtor 52

Troutman Sanders

APRIL 18, 2023

The FTC and Florida claimed that since at least 2016, the “chargeback mitigation” company and its owners Gary Cardone and Monica Eaton Cardone used multiple unfair techniques to prevent consumers from successfully winning chargeback disputes. For more information, click here. For more information, click here.

Financial services 52

Financial services Financial Institution Loans Bankruptcy 52

ABI

JANUARY 13, 2021

2] However, in 2016, the City of Dana Point alerted Debtor to several municipal violations. [3] 2] However, in 2016, the City of Dana Point alerted Debtor to several municipal violations. [3] 11] However, section 1112(b) does not define bad faith. [12] 10] 11 U.S.C. 11] See In re The Sunshine Group, LLC, BAP Nos.CC-19-1105-GSL,

Bankruptcy 40

Bankruptcy Debtor Creditors 40

ABI

JANUARY 16, 2020

Under section 1123(a)(4) of title 11 of the United States Code (the “Bankruptcy Code”), a reorganization plan should provide equal treatment for each claim of a particular class, unless the claim holder specifically agrees to less favorable treatment. [1] 3] The Debtors proposed a Chapter 11 plan pursuant to which they would raise $1.5

Creditors 40

Creditors Debtor Bankruptcy Banks 40

Consumer Financial Services Law

JANUARY 3, 2018

ARS sent a letter to Islam on August 11, 2016 stating, in relevant part, that “[a]s of the date above, you owe $14,413.78.” Consistent with that policy, the balance on Islam’s account had not grown since it was charged off on August 4, 2016. Riexinger & Associates , 817 F.3d 3d 72 (2d Cir.

Accrued Interest 40

Accrued Interest Debt collector Banks Creditors 40

ABI

JANUARY 13, 2021

10 The bankruptcy court granted the order expunging the claim 11 and the Claimant filed a motion for a stay of the claim order pending appeal. quoting 11 U.S.C. § 2016)). . . 5] Five years later, the Debtor commenced a voluntary chapter 7 bankruptcy proceeding. [6] million for her share of the equitable distribution.

Debtor 40

Debtor Bankruptcy Judgment Chapter 7 bankruptcy 40

Burr Forman

FEBRUARY 12, 2021

On February 11, SEC Acting Chair Lee announced that the Commission no longer would permit settlements in enforcement actions to include, or be contingent on the grant of, waivers of statutory disqualifications that flow from certain securities offenses. See, e.g., here.

Financial Institution 52

Financial Institution 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

The Creditors Rights

JULY 19, 2016

DVI Receivables XIV, LLC , 2016 WL 1392642 (11 th Cir. 1001 requires application of the Federal Bankruptcy Rules in cases under title 11 of the United States Code. Rosenberg v. In so holding, the Eleventh Circuit agreed with the conclusions of two of its sister circuits, In re Celotex Corp. , 3d 619 (4 th Cir.

Bankruptcy 40

Bankruptcy Creditors Judgment Government 40

Burr Forman

SEPTEMBER 3, 2021

Specifically, Plaintiff alleged Defendant violated § 1692g(a) for failure to provide notice of her statutory rights within five (5) days of the initial contact, and § § 1692d(6) and 1692e(11) for failure to identify itself as a debt collector or that it was attempting to collect a debt during the calls. 1547 (2016). See Spokeo, Inc.

Fair Debt Collection 52

Fair Debt Collection Judgment Collections Debt collector 52

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. 25, 2016) quoting Lauer v. Delta Outsource Group, C.A. 4:15-cv-1744 (E.D. Credit Control Services, 2015 WL 5824941 (D.

Debt collector 40

Debt collector Judgment Collection Agencies Collections Agency 40

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. 16-10790 (KJC), 2016 WL 5867039, at *3 (Bankr. i] 11 U.S.C. § ii] 11 U.S.C. §

Bankruptcy 52

Bankruptcy Debtor Creditors Judgment 52

PBWT

MAY 7, 2020

Courts reviewing a bankruptcy court’s decision to approve a chapter 11 reorganization plan over the objections of an interested party must consider not only the merits, but also (if implementation of the plan was not stayed) potential injury to the reliance interests of other parties relying on the plan. Abengoa, S.A.

Bankruptcy 40

Bankruptcy Creditors Debtor 40

Consumer Financial Services Law

OCTOBER 24, 2016

9:16-cv-80347, 2016 U.S. For purposes of RESPA, is there a difference to be had between “servicing” a loan and being a “servicer”? The question was recently addressed by a district court from Florida. Select Portfolio Servicing, No. LEXIS 140571 (S.D.

Loans 40

Loans 40

Troutman Sanders

OCTOBER 13, 2020

Privacy and Cybersecurity Activities: As of October 11, over 9,345,542 voters have cast their ballots, according to the S. Around this time in 2016, less than 100,000 individuals had voted. First signed on July 6, this order has been extended several times. For more information, click here. Election Project.

Financial services 52

Financial services Foreclosure Collateral Collection Agencies 52

PBWT

MAY 14, 2021

Since 2016, chapter 15 filings have increased by almost 25% (in 2020, there were a total of 236 filings). Trustee under a chapter 7 of chapter 11 case (with certain exceptions). Chapter 15 represents the U.S. Some form of the UNCITRAL Model Law has been adopted in 53 jurisdictions around the world. patents under U.S.

Debtor 65

Debtor Bankruptcy Creditors Trade 65

ABI

JANUARY 22, 2020

Under section 109 of title 11 of the United States Code (the “Bankruptcy Code”), a person is generally eligible to be a debtor. [1] Under section 109 of title 11 of the United States Code (the “Bankruptcy Code”), a person is generally eligible to be a debtor. [1] The Plan was terminated on June 30, 2016. [9] 1] See 11 U.S.C. §

Debtor 40

Debtor Bankruptcy Banks 40

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).

Government 40

Government Collections 40

Consumer Financial Services Law

JANUARY 6, 2017

Chisholm at *10-11. the issue before the court was “whether a series of 18 telephone calls from a debt collector, of which 17 were unanswered and one where the recipient hung up, unaccompanied by harsh or threatening language or back-to-back calls could reasonably be found to violate the FDCPA.” Chisholm v. LEXIS 162303, *1 (D.N.J.

Debt collector 40

Debt collector Debtor 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

The Creditors Rights

SEPTEMBER 13, 2016

In re: Intervention Energy Holdings, LLC , 2016 WL 3185576 (Bankr. The debtors filed chapter 11 petitions without the consent of the lender, and the lender filed a motion to dismiss the petitions as filed without authority. The facts involved in the case are straight-forward. This decision, along with the recent decision of the U.S.

Bankruptcy 40

Bankruptcy Lender Debtor Creditors 40

ABI

JANUARY 12, 2020

3] On June 27, 2016, the Receiver and Underwriters entered into a settlement whereby the Underwriters agreed to pay $65 million, and, upon such payment, coinsureds would be barred from pursuing any claim against the Underwriters relating to policy proceeds or the Stanford entities. [4] 11] See id. Stanford International Bank, Ltd.

Banks 40

Banks Bankruptcy Debtor Judgment 40

PBWT

MARCH 23, 2021

All references to the “Code” denote the Bankruptcy Code, Title 11 of the U.S. See Major Section 546(c) Safe Harbor Issue Resolved by the Supreme Court , [link]. [2] 2] In re Tribune Co. Fraudulent Conveyance Litigation , 818 F.3d 3d 98 (2d Cir. 3] In re Tribune Co. Fraudulent Conveyance Litigation , 946 F.3d 3d 66 (2d Cir.

Creditors 65

Creditors Bankruptcy Debtor 65

Jimerson Firm

SEPTEMBER 15, 2021

. – September 15, 2021 – Jimerson Birr, a business law firm with an overarching mission of adding value with every engagement, has assembled a dynamic panel to offer resources and tools to companies for preventing and responding to ransomware attacks in a free seminar Thursday, October 7, 2021 from 11:30 a.m. to 1:00 p.m.

Law Firms 40

Law Firms 40

The Creditors Rights

JULY 5, 2016

Kelley , 2016 WL 2848587 (8 th Cir. 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. Opportunity Finance, LLC et al v. All were controlled by Thomas Petters.

Lender 40

Lender Bankruptcy Creditors Collateral 40

PBWT

JULY 1, 2020

As retail and other tenants fall further behind on rent and other obligations, lessors are finding themselves drawn into more and more Chapter 11 bankruptcy cases. 2016 Bankr. The economic fallout from the COVID-19 pandemic has been particularly acute for commercial landlords. 2d 586, 590 (5th Cir. 770, 772 (Bankr.

Bankruptcy 40

Bankruptcy Debtor Creditors Retail 40

The Creditors Rights

AUGUST 2, 2016

3d 1254 (11 th Circ. Midland Funding, LLC , 2016 WL 2996372 (11 th Cir. 3d 1313 (11 TH Cir. In 2014 the Eleventh Circuit held that a debt collector violates the Fair Debt Collections Practices Act when it filed a proof of claim in a chapter 13 case on a debt that it knows to be time-barred. Crawford v. 552 (1990).

Debt collector 40

Debt collector Fair Debt Collection Bankruptcy Creditors 40

FDCPA Defense

AUGUST 22, 2016

3d _, 2016 WL 4174747 (9th Cir. 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. [iii] A striking example of this trend is the Ninth Circuit’s decision in Davis v.

Debtor 40

Debtor Debt collector Law Firms Accrued Interest 40

Consumer Financial Services Law

JANUARY 31, 2020

2019) that creditors who refuse to relinquish an item that was seized pre-petition are not subject to sanctions because their refusal does not violate 11 U.S.C. § Joy Denby-Peterson purchased a 2008 Corvette in July 2016, and several months later the vehicle was repossessed when Denby Peterson failed to make all of the required loan payments.

Collateral 40

Collateral Repossession Bankruptcy Chapter 13 bankruptcy 40