article thumbnail

What Should Construction Contractors Do When a Property Owner Files For Bankruptcy?

Jimerson Firm

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. The list of creditors receiving the Notice should include the general contractor of an incomplete construction project. See 11 U.S.C. §

article thumbnail

Automatic Stay is not Extended to Enjoin Arbitration Between Non-Debtors, Even Where Debtor’s Actions are the Subject of the Arbitration

ABI

Sahene Construction L.L.C. ( In re Sahene Construction), the United States Bankruptcy Court for the District of Louisiana held that a non-debtor defendant was not entitled to protection of an automatic stay. that, “in order to extend [a] stay to a non-debtor ‘[t]here must be actual.

Debtor 40
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Using Aggressive Methods to Domesticate Foreign Judgments and Enforce Mechanics Liens

Collections Law

Cohen LLC, you don’t have to suffer from the stress and frustration that comes with the legwork involved in following up with debtors. You also don’t have to sit helplessly in the face of bad debts when your debtor fails to make payments. We Domesticate Foreign Judgments in Massachusetts. With us, the Law Offices of Alan M.

article thumbnail

Debtor-Hospitals Can Be Denied Federal Coronavirus Aid

ABI

ii] In In re Penobscot Valley Hospital , a bankruptcy court in Maine found that two hospitals could legally be denied federal assistance under the PPP because they were debtors in cases under chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”).

Debtor 40
article thumbnail

How Aggressive Collections Attorneys Can Aid in Massachusetts Debt Recovery

Collections Law

You’ve tried everything in your power, but the debtor doesn’t respond or keeps making excuses to buy more time. A debtor who is unwilling to pay has to be pursued much more aggressively, and our diligent debt collection attorneys have the skills and knowledge to make this happen. Why Hire a Collections Attorney?

article thumbnail

Fifth Circuit: District Court Improperly Referred Bankruptcy Appeal To Magistrate Judge For Final Determination

Collection Industry News

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. Supreme Court have jurisdiction to hear appeals of orders or judgments issued by lower courts. 4th 471 (5th Cir.

article thumbnail

Filing a Proof of Claim in Bankruptcy: What You Need to Know

Fraser

If you’re owed money by a bankrupt debtor, you likely have to file a claim. The only instance when you would not have to file a claim for money you are owed is if your claim is accurately reflected on the debtor’s schedules (which must be filed shortly after a case is filed) and is not listed as disputed, contingent or unliquidated.