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Bankruptcy Court Denies Section 546(e) Safe Harbor Protection in Fraudulent Transfer Action

PBWT

The Bankruptcy Code enables a trustee to set aside certain transfers made by debtors before bankruptcy. In 2008, Greektown Casino, Holdings, and other related entities filed for bankruptcy. Based on Merit Management , the Sixth Circuit vacated the bankruptcy court’s ruling and remanded. See 11 U.S.C. §§

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First Circuit Affirms Bankruptcy Court’s Judgment in Favor of Mortgage Company

Consumer Financial Services Law

Enloe A First Circuit Bankruptcy Appellate Panel (the “Panel”) recently held that a mortgage company’s communications did not violate the discharge injunction when viewed under an objective standard and considering the facts and circumstances surrounding the communications. By Caren D. 21st Mortg. 427 (2019).

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Fox News:  New Mexico Bankruptcy Court Reaffirms Committee Eligibility for Derivative Standing Despite Contrary Tenth Circuit B.A.P. Precedent

PBWT

In an important affirmation of the rights and duties of a creditors’ committee, Bankruptcy Judge David T. 1] Prior to filing for bankruptcy in 2018, the Roman Catholic Church of the Archdiocese of Santa Fe reportedly made transfers totaling more than $150 million to certain trusts. the actual, necessary expenses. incurred by.

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Five Key Provisions Construction Material Suppliers Should Include in Customer Credit Agreements

Jimerson Firm

Limitation of Liability and Disclaimer of Warranties The credit agreement should include provisions addressing warranties. The Uniform Commercial Code (UCC) includes requirements for such a disclaimer of warranties to be effective.

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Eleventh Circuit Refuses to Impose a ‘Least Sophisticated Consumer’ Standard to Discharge Violations

Consumer Financial Services Law

The Eleventh Circuit recently affirmed a Florida bankruptcy court’s denial of plaintiff’s motion for sanctions. If this account is active or has been discharged in a bankruptcy proceeding, be advised this communication is for informational purposes only and is not an attempt to collect a debt. Nationstar Mortg., 3d 1270 (11th Cir.

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Bankruptcy Disclaimer Did Not Violate FDCPA

Consumer Financial Services Law

A district court in Michigan recently dismissed an FDCPA action, holding that a letter which included a bankruptcy disclaimer was for informational purposes only and did not violate the FDCPA. The case centers around a single letter and a bankruptcy disclaimer. In 2015, Tyler’s mortgage debt was discharged in bankruptcy.

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Thriving In Third Party Debt Collection: An Interview with John Bedard

PDC Flow

Disclaimer Information. What is the proudest moment in your professional career? I have enjoyed a handful of what I refer to as “career highlights” over the years. Hannah Huerta is a Marketing Specialist at PDCflow. She creates content for the accounts receivable and payment industry. Related Articles.