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Second Circuit Declines Class Certification to Debtors Seeking to Hold Creditor in Contempt of Discharge Injunction

ABI

John’s University School of Law American Bankruptcy Institute Law Review Staff A bankruptcy discharge order absolves debtors of their pre-bankruptcy debts and seeks to provide debtors with a fresh start to their financial life. 2] Prior to her bankruptcy case, Bruce stopped paying her Citi credit card bill.

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A US Court May Recognize a Foreign Proceeding of an Entity Who Would Not be Considered a Debtor in the U.S.

ABI

1] In In re Al Zawawi , a bankruptcy court in Florida held that a foreign debtor does not have to meet the US debtor-eligibility requirements for a foreign representative to obtain Chapter 15 recognition of a foreign proceeding. [2] 13].

Debtor 40
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Debtors do not have the Burden to Prove Section 523(a)(8) applies to their Loans

ABI

American Bankruptcy Institute Law Review Staff. . Section 523 of Title 11 of the United States Code (the “Bankruptcy Code”) generally provides that a student loan cannot be discharged unless it would impose “undue hardship” on the debtor. [1] Kimberly Lee. John’s University School of Law. 16] . . [1] 523(a)(8). [2]

Debtor 40
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The Final Say: Conversion from Chapter 11 to Chapter 7 is Not a Given

PBWT

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. A recent 10 th Circuit decision shows why. The debtor and his two brothers-in-law served as co-trustees of both trusts. Unsecured Creditors Committee et al. , Thuma of the U.S.

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The Increasing Acceptance of Derivative Standing

ABI

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]

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Debt Collection Now and Post-Covid

Nexa Collect

The number of those actually furnishing payment information to the consumer reporting agencies has decreased in the last 10 years. In 2013, it was at 88%. 4, March 2013 ). These are industries where debtors will be hard-pressed to find money to pay debts for no other reason than that they are unemployed. drop from 2019.

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District Court Takes on the Intersection of Bankruptcy and the FDCPA

Consumer Financial Services Law

A New York District Court recently tackled the intersection between bankruptcy and pre-petition FDCPA claims and the application of judicial estoppel to undisclosed claims. Shortly after filing suit, Jeziorowski filed bankruptcy pursuant to Chapter 7. Jeziorowski v. Jeziorowski v. Credit Prot. LEXIS 66084 (W.D.N.Y.