ABI

JANUARY 13, 2022

American Bankruptcy Institute Law Review Staff. . In In re Marlena Joy Pizzo , the United States Bankruptcy Court for the District of South Carolina held that a debtor may voluntarily contribute to her retirement plan while paying creditors under a bankruptcy plan. [1] John’s University School of Law.

Debtor 40

Debtor Creditors Unsecured Creditor Chapter 7 bankruptcy 40

Sawin & Shea

APRIL 10, 2024

Chapter 7 bankruptcy is a great financial solution for those struggling with debt, especially unsecured debts. With Chapter 7 bankruptcy, you as the debtor can discharge most unsecured obligations after liquidating nonexempt assets. For experienced bankruptcy lawyers in Indiana, contact Sawin & Shea, LLC.

Chapter 7 bankruptcy 52

Chapter 7 bankruptcy Bankruptcy Debtor Unsecured Creditor 52

ABI

JANUARY 22, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Under chapter 12 of title 11 of the United States Code (the “Bankruptcy Code”), a family farmer or fisherman can restructure its debts. In a Chapter 12 bankruptcy, the debtor generally proposes a plan for repaying creditors from future earnings. [1]

Secured Creditor 40

Secured Creditor Creditors Bankruptcy Unsecured Creditor 40

PBWT

JANUARY 29, 2023

In 2022, there were several high-profile crypto bankruptcy filings. A big question in these cases is whether there will be any money to satisfy unsecured creditor claims. If there are funds to distribute, then the creditors’ claims will become more valuable, and the cases will become even more interesting.

Bankruptcy 65

Bankruptcy Debtor Creditors Unsecured Creditor 65

Jimerson Firm

FEBRUARY 11, 2022

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. See 11 U.S.C. §

Construction 98

Construction Bankruptcy Secured Creditor Debtor 98

Debt Free Colorado

JANUARY 27, 2022

You’ve undoubtedly heard of bankruptcy. Some people swear they’ll never file bankruptcy, while others regularly use it as a tool. Our competent bankruptcy attorney at Dray Legal can explain this in more detail. Our competent bankruptcy attorney at Dray Legal can explain this in more detail.

Bankruptcy 75

Bankruptcy Chapter 7 bankruptcy Unsecured Creditor Debtor 75

Burr Forman

JANUARY 26, 2022

Meek have been recognized in the January 2022 issue of Lawdragon’ s “500 Leading Bankruptcy & Restructuring Lawyers” List. Lawdragon says, “The start of the pandemic brought expectations for mountains of commercial bankruptcy work. Golden was named in the Bankruptcy & Commercial Litigation specialty.

Lawyers 52

Lawyers Bankruptcy Unsecured Creditor Creditors 52

PBWT

JANUARY 30, 2023

The concept of “property of the estate” is important in bankruptcy because it determines what property can be used or distributed for the benefit of the debtor’s creditors. A recent decision from the United States Bankruptcy Court of the Southern District of New York illustrates such a situation.

Bankruptcy 65

Bankruptcy Debtor Unsecured Creditor Creditors 65

Debt RR

APRIL 22, 2021

Now you hear the dreaded news: Your non-paying customer is filing for bankruptcy. However, if the debtor owes a significant amount, you may want to consider pursuing the debt in bankruptcy court. A Chapter 11 commercial bankruptcy filing is a serious legal matter that brings its own unique set of time constraints.

Debtor 54

Debtor Unsecured Creditor Bankruptcy Creditors 54

PBWT

OCTOBER 27, 2021

In many chapter 11 cases, creditors’ committees can play a vital role in maximizing the recoveries of unsecured creditors. But the powers of creditors’ committees are circumscribed by both the Bankruptcy Code and case law. The debtor operated 28 franchise restaurants primarily in the Sun Belt region.

Creditors 59

Creditors Debtor Collateral Unsecured Creditor 59

Sawin & Shea

NOVEMBER 1, 2023

Because of the serious burden medical debts have placed on Americans, many are turning to bankruptcy as a potential option. However, while bankruptcy can help, it’s important to understand how the process works, especially concerning your medical debt. Can You File Bankruptcy on Medical Bills? Does Bankruptcy Clear Medical Debt?

Chapter 13 bankruptcy 52

Chapter 13 bankruptcy Bankruptcy Chapter 7 bankruptcy Unsecured Debt 52

Troutman Sanders

NOVEMBER 8, 2023

Ultimately, the plaintiff filed for chapter 7 bankruptcy protection, listed the defendant as an unsecured creditor, and obtained a discharge of her debt. The defendant offered a “pause” program that allowed the plaintiff to suspend service for up to nine months at a cost of $5 per month, which the plaintiff accepted.

Creditors 52

Creditors Chapter 7 bankruptcy Unsecured Creditor Debt collector 52

ABI

JANUARY 22, 2023

John's University School of Law American Bankruptcy Institute Law Review Staff In In re PG&E Corp. , the United States Court of Appeals for the Ninth Circuit held that solvent-debtors are required to pay unimpaired creditors their bargained for post-petition interest rate. [1] 1] In January 2019, PG&E Corp.

Debtor 40

Debtor Bankruptcy Creditors Unsecured Creditor 40

PBWT

OCTOBER 28, 2020

In December of last year, we wrote about the Fifth Circuit’s two decisions – Ultra I , from January 2019, and Ultra II , from December, which replaced Ultra I – regarding make-whole claims in the Ultra Petroleum bankruptcy cases. The Fifth Circuit remanded this question to the Bankruptcy Court. You can find it here.

Debtor 52

Debtor Bankruptcy Unsecured Creditor Creditors 52

Sawin & Shea

JANUARY 12, 2022

Debt elimination is typically one of the primary reasons a debtor will pursue bankruptcy. While filing for bankruptcy is often the best course of action if you are overwhelmed by debt and struggling to stay afloat, it’s important to understand what debts can and cannot be discharged in bankruptcy.

Bankruptcy 52

Bankruptcy Chapter 13 bankruptcy Chapter 7 bankruptcy Student loans 52

ABI

JANUARY 23, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Section 365(a) of title 11 of the United States Code (the "Bankruptcy Code") allows a bankruptcy trustee to assume and assign an executory contract of the debtor. [1] at *8 (citing Unsecured Creditors’ Comm. 11] Id.

Unsecured Creditor 40

Unsecured Creditor Bankruptcy Debtor Creditors 40

PBWT

APRIL 6, 2021

It is well-settled that if you are a debtor in chapter 11, you do not have the unfettered right to convert the case to a chapter 7 liquidation. Unsecured Creditors Committee et al. , The debtor and his two brothers-in-law served as co-trustees of both trusts. A recent 10 th Circuit decision shows why. Thuma of the U.S.

Unsecured Creditor 65

Unsecured Creditor Debtor Bankruptcy Creditors 65

Sawin & Shea

APRIL 17, 2024

Chapter 13 bankruptcy is an invaluable financial tool for those struggling with overwhelming debt, and it can pave the way for a fresh start. Unlike Chapter 7 , Chapter 13 bankruptcy allows you to avoid liquidating your non-exempt assets. What Is a Chapter 13 Bankruptcy Filing?

Chapter 13 bankruptcy 52

Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy Unsecured Debt 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. the “Debtor”) $1.5 2] In 2022, the Debtor commenced a chapter 11 bankruptcy case. [3]

Secured Creditor 40

Secured Creditor Bankruptcy Debtor Collateral 40

Sawin & Shea

SEPTEMBER 21, 2022

Filing for Chapter 13 bankruptcy can be both challenging and stressful. An increase in income will likely impact your Chapter 13 repayment plan, and you are obligated to report wage increases to your bankruptcy trustee. For experienced Chapter 13 bankruptcy attorneys in Indiana , contact the offices of Sawin & Shea, LLC.

Chapter 13 bankruptcy 94

Chapter 13 bankruptcy Bankruptcy Unsecured Creditor Lawyers 94

PBWT

JULY 25, 2021

Some courts permit debtors to designate vendors crucial to their business as “critical vendors.” ” These vendors supply debtors with necessary goods or services. Debtors are permitted to pay them amounts owing when a bankruptcy case is filed. The debtors filed for chapter 11 on June 10, 2019.

Debtor 65

Debtor Bankruptcy Unsecured Creditor Creditors 65

Foster Swift

JULY 8, 2020

A Chapter 13 bankruptcy plan requires a debtor to satisfy unsecured debts by paying all “projected disposable income” to unsecured creditors over a five-year period. In a recent case before the U.S. 1] Read More › Tags: 6th Circuit Court of Appeals , Chapter 13.

Chapter 13 bankruptcy 52

Chapter 13 bankruptcy Unsecured Creditor Unsecured Debt Debtor 52

ABI

JANUARY 12, 2022

American Bankruptcy Institute Law Review Staff. . Subject to court approval, a trustee or debtor in possession may assume or reject an executory contract or unexpired lease of a debtor under section 365 of title 11 of the United States Code (the “Bankruptcy Code”). [i] John’s University School of Law.

Debtor 40

Debtor Bankruptcy Unsecured Creditor Secured Creditor 40

PBWT

OCTOBER 20, 2020

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. In In re Fox , 305 B.R. 912 (10th Cir.

Bankruptcy 52

Bankruptcy Debtor Unsecured Creditor Creditors 52

ABI

JANUARY 19, 2024

The United States Court of Appeals for the Second Circuit held that only a party to an assumed contract can assert a cure claim against the debtor in In re George Wash. 4] Under the Ground Lease, Debtor was responsible for hiring and paying contractors for developing the retail portion of the George Washington Bridge Bus Station. [5]

Debtor 40

Debtor Bankruptcy Unsecured Creditor Retail 40

ABI

JANUARY 13, 2021

American Bankruptcy Institute Law Review Staff Member. . 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.

Debtor 40

Debtor Bankruptcy Unsecured Creditor Healthcare 40

PBWT

JULY 8, 2020

These claims are entitled to priority for actual and necessary goods and services supplied to a debtor in bankruptcy. For a claim to qualify for administrative expense status, a debtor must request that the claimant provide goods and services post-petition or induce the claimant to do so. § 503(b)(1)(A). 3d 432 (5 th Cir.

Bankruptcy 52

Bankruptcy Unsecured Creditor Secured Creditor Debtor 52

ABI

JANUARY 12, 2022

American Bankruptcy Institute Law Review Staff. . In In re Roman Catholic Church of Archdiocese of Santa Fe , the United States Bankruptcy Court for the District of New Mexico, held, in a matter of first impression, that bankruptcy courts have authority to confer derivative standing on creditors or committees to assert claims. [1]

Debtor 40

Debtor Bankruptcy Unsecured Creditor 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”). 1] The debtor was a physician who earned approximately $400,000 per year. [2]

Unsecured Creditor 40

Unsecured Creditor Debtor Bankruptcy Creditors 40

ABI

JANUARY 12, 2022

1] Facing litigation by, among others, the Attorney General for the State of New York, the National Rifle Association and an affiliate filed voluntary petitions for relief under Chapter 11 of the Bankruptcy Code in Texas. [2] of Unsecured Creditors v. Tags: Bankruptcy Litigation John’s University School of Law.

Bankruptcy 40

Bankruptcy Unsecured Creditor Debtor Creditors 40

Sawin & Shea

APRIL 24, 2024

Before someone makes a bankruptcy filing, it is not uncommon for debtors to feel as if they have to make some tough decisions. Which creditors can they pay? This typically occurs because the debtor doesn’t have the money to pay all of their creditors, so they feel they need to rank which ones are more important to pay first.

Bankruptcy 52

Bankruptcy Unsecured Creditor Debtor Creditors 52

PBWT

AUGUST 29, 2021

1] In VeroBlue , the bankruptcy court entered an order confirming a plan that awarded control of the reorganized debtor to the majority equity holder, Alder Aqua, Ltd. Of the $12 million paid under the Plan to creditors [. the “Sponsor”). [2] the “Sponsor”). [2] from the $13.5 2021 U.S.

Debtor 65

Debtor Unsecured Creditor Creditors Secured Creditor 65

PBWT

SEPTEMBER 1, 2020

1] Though limited to an explication of Section 1129(b)(1)’s prohibition on unfair discrimination against a class of dissenting creditors, Judge Ambro’s “rough justice” remark will echo in all areas of bankruptcy law among practitioners who prioritize pragmatism over perfectionism. 3d __ (3d.

Bankruptcy 65

Bankruptcy Creditors Unsecured Creditor Trade 65

BN Lawyers

MARCH 23, 2020

It can make the difference between being able to work out an arrangement with a landlord or equipment lessors and needing to file for a chapter 11 bankruptcy to save your business. Work with Creditors. Most creditors (lenders, suppliers, employees) will be aware of the distress facing the entire service industry.

Bankruptcy 67

Bankruptcy Creditors Lender Lawyers 67

ABI

JANUARY 13, 2021

American Bankruptcy Institute Law Review Staff Member. . 2] The Second Circuit found that the Appellant’s wrongful death lawsuit should be stayed because the Debtor’s unintentional citation to language from an outdated agreement constituted a mistake rather than a judicial admission. [3] of Unsecured Creditors of Color Tile, Inc.

Bankruptcy 40

Bankruptcy Unsecured Creditor Debtor Creditors 40

Debt RR

DECEMBER 13, 2019

Debts can quickly cripple a business, and negotiating more favorable terms with creditors is usually the best way out. Many businesses are both debtors and creditors. Creditors can cut their losses, and everyone can come to an agreement on how to move forward with a deal that benefits everyone involved.

Chapter 7 bankruptcy 43

Chapter 7 bankruptcy Bankruptcy Creditors Retail 43

Debt Free Colorado

DECEMBER 9, 2021

Are you considering bankruptcy? Bankruptcy is a challenging, life-altering experience. . If you are considering consulting with an attorney about your debt-relief options, it is essential to remember that each type of bankruptcy comes with its advantages and disadvantages. . Advantages of Chapter 7 Bankruptcy.

Chapter 13 bankruptcy 75

Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy Unsecured Debt 75