Fraser

SEPTEMBER 28, 2020

When a company files for bankruptcy and it owes you money, it means you have a “claim” in the debtor’s bankruptcy proceedings. A creditor with a claim must often take affirmative action by filing a “proof of claim” form in order to preserve and protect its rights to payment. A claim, in short, is a right to payment.

Bankruptcy 52

Bankruptcy Creditors Debtor Construction 52

PBWT

JANUARY 19, 2021

In 2019, we began following a Circuit split regarding a secured creditor’s obligation to return collateral that it lawfully repossessed pre-petition after receiving notice of a debtor’s bankruptcy filing. ” [ii] In December, the Supreme Court granted certiorari and on Thursday adopted the minority view. [iii]

Bankruptcy 65

Bankruptcy Debtor Creditors Secured Creditor 65

PBWT

NOVEMBER 10, 2021

A federal judge recently allowed a trustee’s preferential transfer claim against a law firm to proceed but dismissed a constructive fraudulent transfer claim. The firm moved to dismiss, alleging the complaint failed to state a claim upon which relief could be granted under Federal Rules of Bankruptcy Procedure 7008 and 7012.

Bankruptcy 52

Bankruptcy Law Firms Debtor Construction 52

ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff An unpaid secured lender with a prepetition mortgage does not have a right to receive payment of proceeds from a postpetition sale of real property. In 2017, Allegiance Bank loaned Burts Construction, Inc. the “Debtor”) $1.5

Secured Creditor 40

Secured Creditor Bankruptcy Debtor Collateral 40

ABI

JANUARY 22, 2023

John's University School of Law American Bankruptcy Institute Law Review Staff Title 11 of the United States Code (the “Bankruptcy Code”) contains certain provisions addressing “single asset real estate” or “SARE.” [i] million construction loan from Evertrust Bank (“Evertrust”) to build a hotel. [v] Paul Spagnoli St.

Bankruptcy 40

Bankruptcy Debtor Construction Foreclosure 40

Burr Forman

JUNE 24, 2021

Adrian Rust , Bankruptcy: Business. Troy Smith , Construction Litigation. Bankruptcy: Business. Peter Vilmos , Construction Litigation. Robert Neilson , Creditor Debtor Rights. Armando Nozzolillo , Bankruptcy: Business. Chris Thompson , Bankruptcy: Business. Greg Lunny , Business Litigation.

Lawyers 52

Lawyers Construction Bankruptcy Debtor 52

Hudson Weir

SEPTEMBER 11, 2023

Company assets could include anything from equipment and constructions to vehicles and intellectual property. Once a business is insolvent, directors’ duty must shift towards the company creditors – that includes any providers of unsecured or secured loans. What is a secured loan? Therefore, secured loans tend to be for larger amounts.

Loans 52

Loans Collateral Secured Creditor Unsecured Creditor 52

Nexa Collect

APRIL 11, 2021

A large number of creditors are stuck with unpaid invoices, and as their own efforts fail they tend to submit more accounts to collection agencies. One of the difficulties in accessing that data is the reporting of consumer information by creditors and by debt collection agencies, themselves.

Collections 130

Collections Collection Agencies Collections Agency Construction 130

Consumer Financial Services Law

JANUARY 22, 2021

19-357, resolves this split in favor of the creditor. Background The case arose from four separate chapter 13 bankruptcy cases in which the debtors sought to regain possession of their vehicles from the City of Chicago, which had seized and impounded the vehicles prepetition due to unpaid parking tickets and similar traffic fines.

Bankruptcy 40

Bankruptcy Chapter 13 bankruptcy Construction Debtor 40

PBWT

MAY 14, 2021

In recognition of the 15th anniversary of the passage of chapter 15 of the Bankruptcy Code, the New York City Bar Association’s Bankruptcy & Corporate Reorganization Committee hosted a webinar on May 12, 2021 to discuss the current state of chapter 15 cases and potential, corresponding and significant future developments. [1]

Debtor 65

Debtor Bankruptcy Creditors Trade 65

Burr Forman

JANUARY 12, 2022

Hall – Bankruptcy: Business. Joseph – Bankruptcy: Business. Letzer – Bankruptcy: Business. Meek – Bankruptcy: Business. Solomon – Bankruptcy: Business. Houston, IV – Bankruptcy: Business. Campbell Taube – Creditor Debtor Rights. James Roberts – Bankruptcy: Business. Hoover – Health Care.

Lawyers 52

Lawyers Bankruptcy Construction Banks 52

The Creditors Rights

AUGUST 2, 2016

The United States District Court for the Southern District of Alabama subsequently held the Crawford decision as placing the FDCPA and the Bankruptcy Code in irreconcilable conflict. The court further noted that a “right to payment” under the Bankruptcy Code “is nothing more or less than an enforceable obligation.” Travelers Cas. &

Debt collector 40

Debt collector Fair Debt Collection Bankruptcy Creditors 40

Burr Forman

JANUARY 7, 2021

Hanna Lahr practices in the firm’s Creditors’ Rights & Bankruptcy group. Hanna’s practice focuses on representing creditors and debtors, both in and out of court, to, among other things, enforce and/or restructure debt obligations, including through the bankruptcy process. Birmingham.

Manufacturing 40

Manufacturing Bankruptcy Acquisition Creditors 40

ABI

JANUARY 10, 2020

American Bankruptcy Institute Law Review Staff Member. Luxurious lifestyles alone do not violate the good faith requirement for proposing a plan of reorganization under Chapter 11 of Title 11 of the United States Code (the “Bankruptcy Code”). The second plan proposed paying those creditors in full over two decades. per year. [5]

Unsecured Creditor 40

Unsecured Creditor Debtor Bankruptcy Creditors 40

Burr Forman

NOVEMBER 30, 2020

Christopher Carson – Bankruptcy: Business. Hall – Bankruptcy: Business. Joseph – Bankruptcy: Business. Meek – Bankruptcy: Business. Solomon – Bankruptcy: Business. Houston, IV – Bankruptcy: Business. Campbell Taube – Creditor Debtor Rights. Campbell Taube – Creditor Debtor Rights. Elizabeth B.

Lawyers 40

Lawyers Bankruptcy Construction Banks 40

Taurus Collect

MARCH 5, 2024

Creditors may take legal action to recover the debt, which might result in wage garnishment or a lien against your property. Seek Professional Advice: Financial advisors or credit counseling services can offer strategies and negotiations skills to handle debt collections constructively and legally.

Debt collector 52

Debt collector Asset liquidation Debtor Education 52

Burr Forman

AUGUST 19, 2021

Mobile, Construction Law. David Houston IV – Nashville, Litigation and Bankruptcy. Troy Smith – Jacksonville, Construction Law. Erich Durlacher – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Ryan Corbett – Tampa, Litigation – Patent. William Daniels, Jr. Jack Stephenson, Jr.

Lawyers 105

Lawyers Construction Acquisition Bankruptcy 105

Burr Forman

AUGUST 20, 2020

Erich Durlacher – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Michael Hall – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Bet-the-Company Litigation, Litigation – Bankruptcy. David Wanhatalo – Construction Law, Litigation – Construction.

Lawyers 40

Lawyers Construction Acquisition Bankruptcy 40

Burr Forman

AUGUST 20, 2020

Erich Durlacher – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Michael Hall – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Bet-the-Company Litigation, Litigation – Bankruptcy. David Wanhatalo – Construction Law, Litigation – Construction.

Lawyers 40

Lawyers Construction Acquisition Bankruptcy 40

Collection Industry News

OCTOBER 3, 2022

In the case of an appeal to a district court from a bankruptcy court, however, this statutory authority arguably conflicts with another statutory provision dictating that appeals from a bankruptcy court order or judgment be heard by a “district court” or a “bankruptcy appellate panel.” In Northern Pipeline Constr.

Bankruptcy 40

Bankruptcy Judgment Debtor Government 40