ABI

JANUARY 13, 2021

American Bankruptcy Institute Law Review Staff. . In In re The Sunshine Group, LLC. , the United States Bankruptcy Appellate Panel of the Ninth Circuit affirmed the dismissal of a bankruptcy case because it was filed in bad faith. [1] 10] A bad faith filing of a bankruptcy petition is cause for dismissal. [11]

Bankruptcy 40

Bankruptcy Debtor Creditors 40

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

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 22, 2023

John's University School of Law American Bankruptcy Institute Law Review Staff Article I, Section 8, Clause 4, of the United States Constitution contains the “Bankruptcy Clause,” which vests Congress with the power to establish “uniform Laws on the subject of Bankruptcies throughout the United States.” [1] 11] In Siegel v.

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 26, 2023

1] In In re Szczyporski, the United States Court of Appeals for the Third Circuit held that the shared responsibility payment is a tax entitled to priority under Title 11 of the United States Code (the “Bankruptcy Code”). [2] 3] The IRS filed a proof of claim against the Debtors for unpaid taxes and interest, including a $927.00

Bankruptcy 40

Bankruptcy Debtor Healthcare Government 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 Section 363(b) of title 11 of the United States Code (the “Bankruptcy Code”) provides that bankruptcy courts may authorize the trustee of a debtor to sell or lease property of the bankruptcy estate. [1] Agustin Bujanda St.

Bankruptcy 40

Bankruptcy Debtor Government 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., Kayla Nieves. John’s University School of Law. In Ellis v.

Bankruptcy 40

Bankruptcy Creditors Judgment Debtor 40

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 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. Tags: Consumer Bankruptcy Joe Pizzingrillo. John’s University School of Law. at *10–11. [ix] at *12­–13.

Student loans 40

Student loans Student Loans Loans Bankruptcy 40

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 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

ABI

JANUARY 26, 2023

John’s University School of Law American Bankruptcy Institute Law Review Staff In In re Gordos Restaurant Corp. , John’s University School of Law American Bankruptcy Institute Law Review Staff In In re Gordos Restaurant Corp. , 5] Subsequently, the Debtor ceased operation in its original location. [6]

Bankruptcy 40

Bankruptcy Debtor Trade Judgment 40

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]

Debtor 40

Debtor Foreclosure Bankruptcy Legal Rights 40

In the Red

JANUARY 22, 2018

When it comes to decisions on bankruptcy and trademark licenses, the In re Tempnology LLC bankruptcy case is the gift that keeps on giving. Following Tempnology’s rejection of an agreement containing a trademark licensee, the New Hampshire Bankruptcy Court ruled that the licensee could no longer use the licensed trademarks.

Bankruptcy 100

Bankruptcy Debtor Manufacturing Trade 100

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]

Debtor 40

Debtor Bankruptcy Creditors 40

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] 12] See id. By: Lianna Murphy.

Bankruptcy 40

Bankruptcy Unsecured Creditor Debtor Creditors 40

PBWT

MARCH 23, 2021

.” It is well-accepted that it limits not only bankruptcy trustees but also other parties that are exercising the powers of a trustee, such as debtors-in-possession, creditors’ committees and post-confirmation trusts. 883 (2018). But the plaintiffs-appellants are none of those things. 1] 583 U.S. __, 138 S.

Creditors 65

Creditors Bankruptcy Debtor 65

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 12, 2022

American Bankruptcy Institute Law Review Staff. . 1] Under the FDCPA, a debtor may be entitled to certain remedies, including monetary damages and attorney’s fees, when a debt collector violates the FDCPA. [2] In 2018, Ward owed $160 to Stonecrest Medical Center. [4] On October 24, 2018, NPAS left a voice message.

Debt collector 40

Debt collector Judgment Debtor Fair Debt Collection 40

ABI

JANUARY 21, 2020

2] In In re Matamoros, the United States Bankruptcy Court in the Southern District of New York held that the City could not recoup the advance salary received by Fernando Matamoros (the “Debtor”) because the Debtor’s military service occurred over three separate occurrences. [3] By: Carole Ann Liscio. from the military. [6]

Bankruptcy 40

Bankruptcy Debtor Creditors Secured Creditor 40