ABI

JANUARY 24, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff In In re Maxus Energy Corporation , the United States Bankruptcy Court for the District of Delaware held that PSE&G could not file an amended proof of claim years after the bar date had passed on its timely-filed proof of claim. [1]

Bankruptcy 40

Bankruptcy Debtor Creditors Government 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. 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.

Unsecured Creditor 65

Unsecured Creditor Debtor Bankruptcy Creditors 65

ABI

MARCH 9, 2020

Bankruptcy Court May Refrain from Enforcing a Valid Arbitration Clause. . American Bankruptcy Institute Law Review Staff. . Generally, a court will enforce an arbitration clause in a contract, but may refrain from doing so under certain circumstances. [1] By: Laila Rizk. John’s University School of Law.

Bankruptcy 40

Bankruptcy Debtor Collateral Construction 40

ABI

JANUARY 13, 2022

American Bankruptcy Institute Law Review Staff. . In general, a successful case under Chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) culminates in confirmation of a plan of reorganization, pursuant to which the debtor’s liabilities will be addressed. Victoria Giorgio.

Bankruptcy 40

Bankruptcy Debtor Creditors 40

ABI

JANUARY 20, 2020

American Bankruptcy Institute Law Review, Staff Member. . In general, a debtor may reject an executory contract subject to court approval under section 365 of title 11 of the United States Code (the “Bankruptcy Code”). John’s University School of Law. 1] In In re PG&E Corp. Energy Regulatory Comm’n, Adv. (

Bankruptcy 40

Bankruptcy Debtor Government 40

ABI

JANUARY 12, 2022

American Bankruptcy Institute Law Review Staff. . . In 2017, Congress enacted certain amendments (the “2017 Amendment”) that increased the quarterly fees to be paid by debtors to the Office of the United States Trustee in larger cases pending under Chapter 11 of the United States Code (the “Bankruptcy Code”). [1]

Bankruptcy 40

Bankruptcy Debtor 40

Consumer Financial Services Law

MAY 12, 2017

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. Credit Prot. LEXIS 66084 (W.D.N.Y. LEXIS 66084 (W.D.N.Y.

Bankruptcy 40

Bankruptcy Debtor Fair Debt Collection Creditors 40

ABI

JANUARY 12, 2022

American Bankruptcy Institute Law Review Staff. . . Generally, student loan debt will not be discharged in a case under title 11 of the United States Code (the “Bankruptcy Code”) unless there is a showing of “undue hardship on the debtor and debtor’s dependents.” Julia Merani. 1] In Hull v. 1] In Hull v.

Student loans 45

Student loans Student Loans Loans Debtor 45

ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff In the U.S. Bankruptcy Code, there are various provisions that allow debtors and trustees to avoid certain types of prepetition transfers. [1] 7] In 2017, Sun Capital caused BWGS and Intermediate Holding to repay the bridge loan in full.

Bankruptcy 40

Bankruptcy Financial Institution Loans Banks 40

ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Law Review Staff Under section 548 of title 11 of the United States Code (the “Bankruptcy Code”), a trustee may avoid any transfer or obligation incurred if the debtor had actual intent to hinder, delay, or defraud creditors. [1] John Hayes St. 548(a)(1)(A). [2]

Bankruptcy 40

Bankruptcy Creditors Foreclosure Banks 40

PBWT

FEBRUARY 25, 2021

Does a debtor’s pre-petition change of the beneficiary of a life insurance policy constitute a “transfer” of an interest of the debtor in property? Bankruptcy Court for the Eastern District of North Carolina, which held earlier this week that such transfers do not “diminish” the estate. [1]

Debtor 52

Debtor Bankruptcy 52

ABI

JANUARY 12, 2022

American Bankruptcy Institute Law Review Staff. . In general, student loan debt is not dischargeable in a case under title 11 of the United States Code (the “Bankruptcy Code”) unless there is a showing of undue hardship. at *10–11. [ix] Tags: Consumer Bankruptcy Joe Pizzingrillo. John’s University School of Law.

Student loans 40

Student loans Student Loans Loans Bankruptcy 40

ABI

JANUARY 12, 2022

American Bankruptcy Institute Law Review Staff. . LLC , the United States Court of Appeals for the Third Circuit held that sections 503 and 1141 of Title 11 of the United States Code (the “Bankruptcy Code”) authorize bankruptcy courts to set deadlines (i.e., 1] In March 2017, Westinghouse Electric Co., Kayla Nieves.

Bankruptcy 40

Bankruptcy Creditors Judgment Debtor 40

ABI

JANUARY 23, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Section 6015(f) of the Internal Revenue Code allows the Secretary of the Treasury to relieve an “innocent spouse” of liability for any unpaid tax or deficiency if it is inequitable to hold him or her liable for the malfeasance of his or her significant other. [1]

Debtor 40

Debtor Bankruptcy 40

ABI

JANUARY 22, 2020

American Bankruptcy Institute Law Review Staff. . Under section 109 of title 11 of the United States Code (the “Bankruptcy Code”), a person is generally eligible to be a debtor. [1] 2] A corporation includes a business trust, which is not defined by the Bankruptcy Code. [3] John’s University School of Law.

Debtor 40

Debtor Bankruptcy Banks 40