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What Should Construction Contractors Do When a Property Owner Files For Bankruptcy?

Jimerson Firm

A construction project to a screeching halt when a property owner files for bankruptcy, creating a serious risk of substantial losses for the contractor, as well as subcontractors and suppliers. What Happens When a Property Owner Files for Bankruptcy? The Impact of Bankruptcy on the Construction Contract.

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Filing a Proof of Claim in Bankruptcy: What You Need to Know

Fraser

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.

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Mere Retention of Property of the Estate Does Not Violate the Automatic Stay

Consumer Financial Services Law

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.

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Luxurious Lifestyles Can Undermine the Good Faith Requirement for ?Proposed Chapter 11 Plans of Reorganization

ABI

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]

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Fifth Circuit: District Court Improperly Referred Bankruptcy Appeal To Magistrate Judge For Final Determination

Collection Industry News

Federal district courts, with the consent of the parties, are authorized by statute to refer “civil matter[s]” to magistrate judges for the purpose of conducting all proceedings and entering a judgment in the litigation. Bankruptcy Court Jurisdiction Article III, Section 1 of the U.S. 152—and their salaries are subject to diminution.