PBWT

JANUARY 15, 2021

We have blogged previously about section 546(e) , the Bankruptcy Code’s safe harbor for certain transfers otherwise subject to avoidance as preferences or fraudulent transfers. In both cases, the “agreements or transactions” must be “with the debtor or any other entity.” See 11 U.S.C. § § 546(e).

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ABI

JANUARY 25, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Section 363 of title 11 of the United States Code (the “Bankruptcy Code”) allows a debtor to sell its bankruptcy assets free and clear of liens and interests only if certain circumstances are met. [1] Jae Hwang St. 22] [1] See 11 U.S.C. §

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Troutman Sanders

JANUARY 19, 2023

When deciding the amount of homestead exemption to which a debtor is entitled, should a bankruptcy court apply the state exemption in effect on the creation date of the lien or on the bankruptcy filing date? The debtor filed for bankruptcy protection in 2021. In Barclay v. recorded against his home.

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Sawin & Shea

SEPTEMBER 27, 2023

Filing for bankruptcy can provide you with a much-needed second chance when it comes to your finances. However, the process of going through Chapter 7 can be complicated and stressful to ensure you can keep what you need to continue living your life even after bankruptcy. What is Chapter 7 Bankruptcy?

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Debt Free Colorado

MARCH 3, 2023

Find Out the 10 Common Questions About Bankruptcy with Colorado Bankruptcy Lawyers. The decision to file for bankruptcy is a significant one, and we are here to assist you in determining whether bankruptcy is the best course of action for your circumstances. Do bankruptcies come in different types?

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Troutman Sanders

FEBRUARY 16, 2023

On January 19, the United States Bankruptcy Court for the Western District of Virginia entered an order sanctioning a collections law firm for violating the bankruptcy discharge injunction. Gooch ( In re Skaggs ) awarded the debtor $25,000 in attorneys’ fees based on a letter he received concerning a discharged debt. Gooch, P.C.,

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ABI

JANUARY 28, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff In In re Pazzo Pazzo Inc. , 1] Facing financial distress, Berley, filed a petition for relief under Chapter 11 of the Bankruptcy Code. [2] In their bankruptcy schedules, the Debtors listed the lease and the option to repurchase the Property as assets.

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PBWT

MARCH 28, 2023

21-908, a Supreme Court case concerning the scope of the fraud exception to the dischargeability of debts in bankruptcy. Section 523 of the Bankruptcy Code exempts from discharge “any debt. Bartenwerfer considers whether the fraud required by this section need be the debtor’s fraud or fraud known to the debtor.

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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. §

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PBWT

MARCH 14, 2021

It’s rare for a debtor in bankruptcy to raise allegations of involuntary servitude and a violation of the Thirteenth Amendment. But one debtor did just that after a chapter 11 trustee was appointed to take over the debtor’s bankruptcy estate. The case involves an unusual claim. Laidlaw Envtl.

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PBWT

DECEMBER 13, 2020

Cuker Interactive, LLC filed a Chapter 11 bankruptcy petition on December 13, 2018, in the United States Bankruptcy Court for the Southern District of California. 1998), wherein a Bankruptcy Appellate Panel likewise held that solvent debtors must pay postpetition interest to unsecured creditors at the federal judgment rate. [8]

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ABI

JANUARY 22, 2023

John's University School of Law American Bankruptcy Institute Law Review Staff Section 362 of title 11 of the United States Code (the “Bankruptcy Code”) provides that the filing of a bankruptcy petition results in an automatic stay generally enjoining all actions, including a foreclosure sale, against a debtor or its property. [1]

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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.

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PBWT

NOVEMBER 15, 2020

The Bankruptcy Code enables a trustee to set aside certain transfers made by debtors before bankruptcy. In 2008, Greektown Casino, Holdings, and other related entities filed for bankruptcy. The court thus granted the motion for summary judgment. See 11 U.S.C. §§ §§ 544, 547, 548.

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PBWT

MAY 31, 2020

This post originally appeared in Norton Journal of Bankruptcy Law and Practice. Bankruptcy court approval is required when a debtor wants to sell property outside the ordinary course of its business. ect a debtor’s informed business judgment. Courts will allow transactions that re?ect cers’ ?duciary

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PBWT

FEBRUARY 10, 2022

“[E]nsnared between his involvement in a business that is legal under the laws of Arizona but illegal under federal law,” one debtor’s chapter 13 petition was recently dismissed due to his undisputed violations of the Controlled Substances Act. Bankruptcy Court for the District of Arizona. LEXIS 256 (D. LEXIS 256 (D.

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Sawin & Shea

MAY 5, 2021

Filing for Chapter 7 or Chapter 13 Bankruptcy: Chapter 7 will wipe out (discharge) your medical debt along with other unsecured debt, but you must have low enough income to pass the means test in order to qualify for it. Chapter 13 bankruptcy is discussed below. Ten facts About Chapter 13 Bankruptcy and Medical Bills: #1.

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Collection Industry News

OCTOBER 3, 2022

Federal district courts, with the consent of the parties, are authorized by statute to refer “civil matter[s]” to magistrate judges for the purpose of conducting all proceedings and entering a judgment in the litigation. Bankruptcy Court Jurisdiction Article III, Section 1 of the U.S. 152—and their salaries are subject to diminution.

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Troutman Sanders

JUNE 16, 2021

Med-1 Solutions LLC , an Indiana district court granted partial summary judgment for the defendant in a Fair Debt Collection Practices Act (FDCPA) case. At the time it received the notice of the plaintiff’s bankruptcy petition, the defendant did not have any active accounts for collection regarding the plaintiff. In Kinnick v.

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PBWT

MAY 20, 2021

United States Bankruptcy Judge Harlin Hale recently dismissed the National Rifle Association’s Chapter 11 petition as not filed in good faith. On January 7, 2021, the NRA petitioned for Chapter 11 bankruptcy in the Northern District of Texas (the “Petition”). & Sea Girt LLC, Debtors. , ” Id.

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Consumer Financial Services Law

AUGUST 27, 2019

Enloe A First Circuit Bankruptcy Appellate Panel (the “Panel”) recently held that a mortgage company’s communications did not violate the discharge injunction when viewed under an objective standard and considering the facts and circumstances surrounding the communications. By Caren D. 21st Mortg. 427 (2019).

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PBWT

SEPTEMBER 8, 2021

Debtors and trustees seeking to avoid the hardship of a foreclosure often attempt to employ sections 547 and 548 of the Bankruptcy Code. [1] 1] In accordance with the former section, a debtor may avoid any transfer of an interest in property “on or within 90 days before the date of the filing of the petition.”

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Burr Forman

AUGUST 24, 2020

Cheese’s parent), many prominent companies have filed for bankruptcy protection in recent months. Most practitioners with no real exposure to bankruptcy law may be aware of the general ramifications of bankruptcy proceedings. In re Edgeworth , 993 F.2d 2d 51,56 (5th Cir.

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ABI

JANUARY 19, 2024

John's University School of Law American Bankruptcy Institute Law Review Staff Section 727(b) of title 11 of the United States Code (the “Bankruptcy Code”) provides that a Chapter 7 debtor’s bankruptcy discharge eliminates the debtor’s liability for “all debts that arose before the date of the order of relief.” [1]

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Debt Free Colorado

JANUARY 3, 2020

A bankruptcy can help you get your license reinstated right away. Generally, “no new license shall be issued to such person unless and until such judgment is satisfied or vacated or execution therein stayed and proof of financial responsibility given.” the bankruptcy eliminates the requirement that you pay off the debt.

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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.

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Collection Industry News

FEBRUARY 9, 2023

bankruptcy code protection to avoid paying a $200,000 debt that resulted from fraud by her partner. Buckley had sued the couple and won a judgment for those misrepresentations. The debt to Buckley, which was originally a court judgment of $200,000 imposed in 2012, since has grown to more than $1.1

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Fraser

SEPTEMBER 28, 2020

When a company files for bankruptcy and it owes you money, it means you have a “claim” in the debtor’s bankruptcy proceedings. If you’re owed money by a bankrupt debtor, you likely have to file a claim. The bankruptcy court will establish a deadline, or “bar date,” by which claims must be filed.

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ABI

JANUARY 13, 2021

American Bankruptcy Institute Law Review Staff. . In March of 2020, Congress enacted the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) in response to the Covid-19 pandemic. [i] x] The bankruptcy court considered the text of the CARES Act and the APA in its analysis. By: Meghan Paola.

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Collection Industry News

DECEMBER 21, 2020

Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed. Wells Fargo Bank , N.A.,

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Collections Law

FEBRUARY 1, 2023

We act quickly to freeze assets so they will be available to pay a judgment There are many scenarios that could explain a debtor refusing to make good on a bad check. Luckily, they don’t all involve the debtor having no money or going into bankruptcy. At the Law Offices of Alan M. No funds in the bank account?

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Collection Industry News

AUGUST 18, 2020

Moreover, the Dutch courts are generally handling bankruptcy petitions and requests for pre-judgment attachment in the same way as they did before COVID-19. The temporary act’s purpose is to protect Dutch companies from avoidable bankruptcies and limit the damage caused by the COVID-19 crisis as much as possible.

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PBWT

OCTOBER 30, 2022

The ramifications of uneven increases to fees in chapter 11 bankruptcies continue to ripple through federal courts. Trustee fees chapter 11 debtors had to pay in virtually every district in the U.S. Trustee program, especially in large bankruptcy cases. Trustee program, especially in large bankruptcy cases. 1770 (2022).

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Nexa Collect

MARCH 12, 2021

Skip tracing, employment and asset tracking, locating real and personal property, investigating liens, judgments, and corporate filings with the local Secretary of State, are but a few of the methods used to recover your receivables. All that being said, in Puerto Rico interest is allowed on money judgments, at a rate of 6%.

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Turbo Recovery

JUNE 6, 2018

Picture this: an account becomes overdue and your in-house attorney files suit against the debtor. A judgment is awarded in your favor, but the debt still isn’t paid. You call Point Law and say “we have a judgment, so what do we do now? Unfortunately, even if you do sue and are awarded judgment, you aren’t done.

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Turbo Recovery

JUNE 6, 2018

Picture this: an account becomes overdue and your in-house attorney files suit against the debtor. A judgment is awarded in your favor, but the debt still isn’t paid. You call Turbo Debt Recovery and say “we have a judgment, so what do we do now? Unfortunately, even if you do sue and are awarded judgment, you aren’t done.

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PBWT

MAY 17, 2022

A discharge in bankruptcy usually discharges a debtor from the debtor’s liabilities. Section 523 of the Bankruptcy Code, however, sets forth certain exceptions to this policy, including for “any debt. The Bartenwerfers then filed for bankruptcy. false pretenses, a false representation, or actual fraud.”

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