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New Court Ruling on Whether Avoidance Powers Require Benefit to Creditors

PBWT

The Bankruptcy Code grants the power to avoid certain transactions to a bankruptcy trustee or debtor-in-possession. In a recent decision, the United States Bankruptcy Court for the District of New Mexico addressed this question, concluding, in the face of a split of authority, that there was such a requirement. Glove, Inc. ,

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

Jimerson Firm

Jurisdiction, Venue and Attorney’s Fees Construction material suppliers should try to avoid litigation, when possible, but there are times when litigation is necessary to collect payment or otherwise enforce the supplier’s rights under the credit agreement. can be taken.

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Supreme Court Expands Creditors’ by Allowing Denial of a Discharge Under Sec. 523(a)(2)(A) if Debtor Transfers Assets in Violation of State Fraudulent Transfer Statute

The Creditors Rights

Section 523(a)(2)(A) of the Bankruptcy Code allows a creditor to obtain a judgment denying its debtor a discharge of debts incurred by false pretenses or actual fraud. Chrysalis Manufacturing Corp. Congress added the term “actual fraud” when it enacted the Bankruptcy Code in 1978. Ritz , 2016 WL 2842452 (2016).

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Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter

Troutman Sanders

Uejio said he was directing CFPB’s Division of Research, Markets, and Regulations to “explore options for preserving the status quo with respect to [the qualified mortgage rule] and debt collection rules.” The debt collection rule is currently scheduled to go into effect on November 30, 2021. For more information, click here.