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]

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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]

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The Creditors Rights

MARCH 15, 2016

Congress enacted § 1328(f) of the Bankruptcy Code when its passed BAPCPA. This section prohibits the granting of a chapter 13 discharge if the debtor received a chapter 7 discharge within four years prior to the commencement of his chapter 13 case. The debtors filed a chapter 7 case and received a discharge. 3d 477 (9 th Cir.

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ABI

JANUARY 22, 2020

American Bankruptcy Institute Law Review Staff. . . Under Chapter 15 of title 11 of the United States Code (the “Bankruptcy Code”), a court may grant recognition to a debtor’s foreign proceeding as a foreign main or nonmain proceeding depending on the location of a debtor’s center of main interest (“COMI”) or establishment. [1]

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ABI

JANUARY 20, 2020

American Bankruptcy Institute Law Review , Staff Member. In a debtor/creditor relationship, a debtor may explicitly, or implicitly, waive their rights. 2] The judgments were then recorded as judgment liens on property owned by the Debtor (the “Artesian Property”).” [3] or general partner in the debtor.” [18]

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The Creditors Rights

JULY 5, 2016

Lenders often go to great lengths to ensure their borrowers are Special Purpose Entities —entities whose assets will not be commingled with the assets of parent or affiliated companies—rendering bankruptcy filings by the SPE less likely. In Opportunity Finance , the debtors were Petters Company, Inc. (“PCI”) 3d 1321 (11 th Cir.

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ABI

JANUARY 12, 2020

American Bankruptcy Institute Law Review Staff Member. The United States Court of Appeals for the Fifth Circuit, in SEC v. 11] However, the receiver and receivership court do not exercise unlimited power in determining the appropriate relief. [12] 11] See id. By: Justin Henderson. St John’s University School of Law.

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Collection Industry News

JUNE 14, 2021

The state attorney general in 2013 entered into an agreement with Bella requiring him to pay $165,000 in restitution and penalties for illegal debt collection practices. Some of the debts have been discharged in bankruptcy cases. But like many debtors, debt collection kingpins have been elusive when it comes to paying what they owe.

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