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Creditor that Filed an Excessive Claim Draws Court’s Rebuke and Possible Sanctions

PBWT

This post is about a junkyard, hogs getting slaughtered, and a bankruptcy judge poised to sanction a creditor and her counsel. More specifically, in this case, a junkyard is the location of the debtor’s property, which consists of “construction debris, scrap piles, tire mounds, collapsed trailers, and inoperable vehicles.”

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Recent Decision on Derivative Standing by a Creditors’ Committee to Challenge a Lender’s Liens

PBWT

In many chapter 11 cases, creditors’ committees can play a vital role in maximizing the recoveries of unsecured creditors. But the powers of creditors’ committees are circumscribed by both the Bankruptcy Code and case law. The debtor operated 28 franchise restaurants primarily in the Sun Belt region.

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Attempting Debt Collection Efforts After a Debtor Files for Bankruptcy

FFGN COLLECT NY

Are you or your collection attorney attempting debt collection efforts even though the debtor filed for bankruptcy? We represented a debt collection claim in 2016 to recover monies for goods sold and delivered, specifically leather goods sold to a retail shop in New York. The debtor did not pay. Violating an Automatic Stay.

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Bankruptcy Court Won’t Dabble in Case Concerning a Marijuana Business

PBWT

“[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. ” Facing significant debt, Mayer filed a chapter 13 petition in the U.S.

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Releases: How Did We Get Here and What is Next?

PBWT

As a result of Purdue Pharma’s proposed plan of reorganization, and the ongoing opioid epidemic that continues to grip the nation, the debate over non-consensual third-party releases has gone mainstream despite being a popular tool for debtors for decades. Mahwah Bergen Retail Group, Inc. See Patterson, et al., 20-10343, ECF No.

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A Bankruptcy Court May Temporarily Suspend Rent Obligation

ABI

Under section 365(d)(3) of title 11 of the United States Code (the “Bankruptcy Code”), a trustee or debtor in possession must generally pay rent in accordance with the terms of an unexpired lease. ii] On February 17, 2020, debtor Pier 1 Imports, Inc. In In re Pier 1 Imports, Inc. ,

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Differences Between Commercial and Consumer Debt Collection

Direct Recovery

Commercial Debt Collection Basics Commercial debt collection is the category that describes business-to-business transactions where the debtor is a business that purchased a product or service from the creditor business on some form of credit.