ABI

JANUARY 13, 2022

American Bankruptcy Institute Law Review Staff. . In general, a successful case under Chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) culminates in confirmation of a plan of reorganization, pursuant to which the debtor’s liabilities will be addressed. 973, 979 (2017). [2] 11] See id. [12]

Bankruptcy 40

Bankruptcy Debtor Creditors 40

ABI

JANUARY 19, 2024

In evaluating the Texas Business & Commerce Code and title 11 of the United States Code (the “Bankruptcy Code”), the United States Bankruptcy Court for the Southern District of Texas, in In Re Burts Construction, Inc., In 2017, Allegiance Bank loaned Burts Construction, Inc. the “Debtor”) $1.5 2023) [2] Id. [3] Code Ann. §

Secured Creditor 40

Secured Creditor Bankruptcy Debtor Collateral 40

ABI

JANUARY 19, 2024

1] The safe harbor rule set out in Section 546(e) of Title 11 of the United States Code (the “Bankruptcy Code”) provides, in part, that a trustee may not avoid a transfer made before the commencement of the case in connection with a securities contract, as defined in Section 741(7), made by, to, or for the benefit of a financial institution. [2]

Bankruptcy 40

Bankruptcy Financial Institution Loans Banks 40

ABI

JANUARY 13, 2022

1] Following the filing of her petition for relief under Chapter 13 of title 11 of the United States Code (the “Bankruptcy Code”), Marlena Pizzo proposed a bankruptcy plan that would allow her to continue making contributions to her retirement plan, thereby resulting in unsecured creditors receiving less than 100% of their claims.

Debtor 40

Debtor Creditors Unsecured Creditor Chapter 7 bankruptcy 40

Roths Child Law

NOVEMBER 7, 2020

Supreme Court unanimously ruled in 2017. More than $11 billion in consumer debt is subject to debt collection every year in the United States. Congress needs to enact laws expanding consumer protections against abusive debt collection, the U.S. Debt collectors commonly accused of violations.

Third-party Debt Collectors 98

Third-party Debt Collectors Debt collector Collections Fair Debt Collection 98

Jimerson Firm

JULY 2, 2021

In particular, it considers the following five bases for an award of attorney’s fees against pro se litigants: (1) Rule 11 of the Federal Rules of Civil Procedure, (2) Rule 37 of the Federal Rules of Civil Procedure, (3) 28 U.S.C. 1927 applies to a broader range of litigation activities than Rule 11 or Rule 37. In Haines v.

Healthcare 98

Healthcare 98

Collection Industry News

JANUARY 19, 2024

The bank is seeking an undisclosed amount of six- and 11-year fixed-to-floating rate notes. On its current course, this month “will very likely go down as the heaviest January on record,” surpassing $175 billion in January 2017, wrote Dan Krieter, BMO director of U.S. investment grade strategy.

Banks 40

Banks Collections Government 40

Burr Forman

FEBRUARY 10, 2021

11, 2009) is here. In 2017, and as part of then-President Trump’s regulatory rollback, Acting Commission Chair Piwowar, revoked that delegated authority, once again requiring full Commission approval of Formal Orders of Investigation. The Final Order, No. 34-60448 (Aug. See also 17 C.F.R.

Financial Institution 52

Financial Institution 52

ABI

JANUARY 12, 2022

2] On September 15, 2017, Aerogroup filed a voluntary petition for relief under Chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) with the Delaware Bankruptcy Court. [3] 6] Following the sale of Aerogroup’s assets, the bankruptcy court dismissed Aerogroup’s chapter 11 case. (“Aerogroup”). [2]

Collateral 40

Collateral Bankruptcy Lender Loans 40

ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Law Review Staff Under section 548 of title 11 of the United States Code (the “Bankruptcy Code”), a trustee may avoid any transfer or obligation incurred if the debtor had actual intent to hinder, delay, or defraud creditors. [1] 30] [1] 11 U.S.C. § 30] [1] 11 U.S.C. §

Bankruptcy 40

Bankruptcy Creditors Foreclosure Banks 40

ABI

JANUARY 12, 2022

LLC , the United States Court of Appeals for the Third Circuit held that sections 503 and 1141 of Title 11 of the United States Code (the “Bankruptcy Code”) authorize bankruptcy courts to set deadlines (i.e., 1] In March 2017, Westinghouse Electric Co., 1] In March 2017, Westinghouse Electric Co., quoting 11 U.S.C. §

Bankruptcy 40

Bankruptcy Creditors Judgment Debtor 40

ABI

JANUARY 24, 2024

11] Thus, the bankruptcy court held that PSE&G’s amended proof of claim sought an amount that was more than what was in the original proof of claim and denied the motion for leave to amend the proof of claim. [12] 12] In May 2017, the Debtors’ liquidating plan was confirmed. [13] 11] Id. [12] at slip op. at slip op.

Bankruptcy 40

Bankruptcy Debtor Creditors Government 40

Jimerson Firm

FEBRUARY 10, 2022

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. In re Lukaszka , BR 17-00242, 2017 WL 3381815, at *3 (Bankr. For example, in Ware v. Bank of Am. , See, e.g., Fed. Deposit Ins.

Lender 98

Lender Credit Unions Credit Unions Collections 98

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

Consumer Financial Services Law

OCTOBER 17, 2017

3d 1309 (11 th Cir. 1718, 171-22 (2017) in which the Supreme Court held that a debt buyer may collect its own accounts under certain circumstances without triggering the FDCPA. 1718, 171-22 (2017) in which the Supreme Court held that a debt buyer may collect its own accounts under certain circumstances without triggering the FDCPA.

Debt collector 40

Debt collector Foreclosure Collections Banks 40

Troutman Sanders

DECEMBER 8, 2020

The claim at issue concerned a September 11, 2017 collection letter sent by Monarch Recovery Management (“Monarch”) indicating that Gould owed a debt that totaled $932.30 Finding that counsel had achieved only limited success, the Court reduced the fees requested by fifty percent. as of the date of the letter.

Judgment 52

Judgment Fair Debt Collection Collections 52

Troutman Sanders

JANUARY 17, 2023

In the complaint , which was filed in the district court for the Central District of California on January 12, 2023, the DOJ alleged that from 2017 through 2020, the bank “avoided” providing mortgage lending services to majority-Black and Hispanic neighborhoods in Los Angeles County.

Banks 52

Banks Loans Lender Education 52

ABI

JANUARY 12, 2022

American Bankruptcy Institute Law Review Staff. . . Generally, student loan debt will not be discharged in a case under title 11 of the United States Code (the “Bankruptcy Code”) unless there is a showing of “undue hardship on the debtor and debtor’s dependents.” 23, 2021) ( citing 11 U.S.C. citing 11 U.S.C.

Student loans 45

Student loans Student Loans Loans Debtor 45

Jimerson Firm

JANUARY 30, 2023

Moreover, certain assets not enumerated in Section 542.335 can still constitute protectable legitimate business interests. Mederi Caretenders Visiting Servs. LLC , 226 So. 3d 774, 784–85 (Fla. The court held that the noncompete agreements were necessary to protect three (3) legitimate business interests held by plaintiff.

Trade 52

Trade Healthcare 52

ABI

MARCH 9, 2020

5] Acis was named as an alleged debtor in an involuntary petition for relief under chapter 11 of the Bankruptcy Code. [6] 7] The Acis trustee rejected the Shared Services Agreement, which as amended on March 17, 2017, did not contain an arbitration clause. [8] 11] See id. 1] In In re Acis Capital Mgmt., 24]. Tex.

Bankruptcy 40

Bankruptcy Debtor Collateral Construction 40

Fico Collections

NOVEMBER 21, 2022

Mon, 11/21/2022 - 20:30. Darryl Knopp rejoined FICO in June 2017 as a Senior Director and led the FICO Advisors Digital Practice before being named to run portfolio marketing for FICO's applications. asokolowski. Fri, 06/03/2022 - 12:24. by Darryl Knopp. expand_less Back To Top. Darryl Knopp.

Financial Institution 52

Financial Institution Retail Government 52

PBWT

FEBRUARY 1, 2021

Southland filed for chapter 11 bankruptcy on January 27, 2020 (the “Petition Date”). On February 11, Halliburton asserted several mechanic’s and materialmen’s liens under Wyoming law, including over the Wells (the “M&M Lien”), which Halliburton caused to be recorded. Opinion at 2. Opinion at 2.

Bankruptcy 59

Bankruptcy Construction Debtor Acquisition 59

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.

Lawyers 76

Lawyers Banks Government 76

PBWT

JANUARY 15, 2021

See 11 U.S.C. § ” 11 U.S.C. § The confirmed plan set up a settlement trust, and in September 2017, the trustee of the settlement trust (the “Trustee”) filed an adversary proceeding seeking to avoid certain transfers to the selling shareholders made in connection with the LBO. § 546(e).

Debtor 59

Debtor Bankruptcy Judgment Acquisition 59

Jimerson Firm

JANUARY 31, 2023

Moreover, certain assets not enumerated in Section 542.335 can still constitute protectable legitimate business interests. Mederi Caretenders Visiting Servs. LLC , 226 So. 3d 774, 784–85 (Fla. Conclusion The enforcement of a noncompete agreement often turns on whether an employer’s alleged asset qualifies as a legitimate business interest.

Trade 52

Trade Financial services Healthcare Banks 52

PBWT

FEBRUARY 25, 2021

11] When the debtor exercised that right prior to the petition, “neither the ownership of the [insurance policy] nor the right under the policy to change the beneficiary designation was transferred.” 3] Harrison , 2021 BL 61665 at *4-5 citing 11 U.S.C. § at *4-5 (citing 11 U.S.C. § 548(a). Owen , 165 S.E.

Debtor 52

Debtor Bankruptcy 52

PBWT

MAY 4, 2021

The debtor moved to convert his case to Chapter 11, which the bankruptcy court granted. Second, as to question of the bankruptcy court’s authority to order denials of discharge sua sponte , the First Circuit opined that the debtor’s “argument overlooks 11 U.S.C. § § 105(a). to prevent an abuse of process.”

Bankruptcy 52

Bankruptcy Debtor Chapter 13 bankruptcy Creditors 52

Consumer Financial Services Law

FEBRUARY 1, 2017

National Credit Systems, Inc. has been authorized to recover this debt by way of credit bureau reporting (following this initial 30 day validation period) as well as other remedies available under the law. It is our intention to pursue this debt until resolved. Santibanez v. Nat'l Credit Sys. LEXIS 4519, *1-2 (D.

Debt collector 40

Debt collector Debtor Creditors Judgment 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. But in Laspro Consultores LTDA v.

Debtor 65

Debtor Bankruptcy Creditors Trade 65

Troutman Sanders

JANUARY 26, 2021

On January 11, the Federal Trade Commission (FTC) announced it has settled with a California-based photo app developer involving allegations that it was building and using its users’ photos and videos to create facial recognition technology without their express consent. Everalbum developed an app called Ever.

Trade 52

Trade Collections Government 52

Consumer Financial Services Law

OCTOBER 2, 2017

Credit Control, LLC, 2017 U.S. LEXIS 18375 (11 th Cir. Sept, 22, 2017), the debt collector left a message which stated: This is Credit Control calling with a message. 1692e(11) because it failed to disclose that “the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose.”

Debt collector 40

Debt collector Collections 40

ABI

JANUARY 20, 2020

In general, a debtor may reject an executory contract subject to court approval under section 365 of title 11 of the United States Code (the “Bankruptcy Code”). 3] On January 24, 2019, PG&E announced their intent to file a voluntary petition for relief under Chapter 11 of the Bankruptcy Code. [4] 11] 11 U.S.C. §

Bankruptcy 40

Bankruptcy Debtor Government 40

Troutman Sanders

APRIL 16, 2021

” [11]. .'” [10] In Anderson, the panel made clear that, going forward, analysis of whether conduct is “in connection with the purchase or sale [raising the SLUSA bar]” … “must include inquiry into the materiality of the alleged misrepresentation or omissions to purchase or sale of a covered security.”

Trade 52

Trade Government Banks 52

ABI

JANUARY 13, 2021

Under title 11 of the United States Code (the “Bankruptcy Code”), a trustee appointed to a debtor’s estate may avoid transfers made within two years before the date of the filing if the debtor received less than reasonably equivalent value in exchange. [ii] i] 11 U.S.C. § By: Alexandria Stiteler. John’s University School of Law.

Debtor 40

Debtor Bankruptcy Unsecured Creditor Healthcare 40

Consumer Financial Services Law

JANUARY 3, 2018

30, 2017), the plaintiff, Fatema Islam, failed to pay the balance due on her credit card with Bank of America, N.A., 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.” Recovery Serv. LEXIS 180415 (S.D.N.Y.

Accrued Interest 40

Accrued Interest Debt collector Banks Creditors 40

Burr Forman

MARCH 23, 2021

11] California’s long-arm statute, like those of many states (including Alabama), extends its jurisdiction to the “full extent” of Due Process allowance. [12] 2d 395 (2017)). [5] 13]. . ––––, 137 S.Ct. 1773, 1780, 198 L.Ed.2d 5] State ex rel. Key Insurance Company v. Roldan , 587 S.W.3d 3d 638, 642-43 (Mo. 2019); Sodexo Mgt.,

Auto Insurance 52

Auto Insurance 52

UK debt collections

JANUARY 25, 2021

The latest research for Q4 2020 recorded the largest numerical quarterly leap (73,000) in financially distressed companies since Q2 2017. Around 630,000 businesses were experiencing significant financial distress in the last quarter of 2020, ahead of the current lockdown, according to research by the restructuring firm Begbies Traynor.

Construction 93

Construction Financial services Government Trade 93