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Second Circuit Declines Class Certification to Debtors Seeking to Hold Creditor in Contempt of Discharge Injunction

ABI

John’s University School of Law American Bankruptcy Institute Law Review Staff A bankruptcy discharge order absolves debtors of their pre-bankruptcy debts and seeks to provide debtors with a fresh start to their financial life. Marybeth Ehlbeck St. Citigroup, the Second Circuit held Citigroup Inc. 5] Bruce notified Citi of the error.

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A US Court May Recognize a Foreign Proceeding of an Entity Who Would Not be Considered a Debtor in the U.S.

ABI

In In re Barnet , the United States Court of Appeals for the Second Circuit held that a foreign debtor must satisfy traditional debtor eligibility requirements for a debtor’s foreign proceeding to be recognized under Chapter 15 of Title 11 of the United States Code (the “Bankruptcy Code”). [1] 1] In re Al Zawawi, No. 11] See id.

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Debtors do not have the Burden to Prove Section 523(a)(8) applies to their Loans

ABI

Section 523 of Title 11 of the United States Code (the “Bankruptcy Code”) generally provides that a student loan cannot be discharged unless it would impose “undue hardship” on the debtor. [1] 3] In 2013, Rodger Dean Love (“Debtor”) filed for bankruptcy under chapter 13 of the Bankruptcy Code. [4] 10] See id. [11]

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The Final Say: Conversion from Chapter 11 to Chapter 7 is Not a Given

PBWT

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. , ” Id.

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Debt Collection Now and Post-Covid

Nexa Collect

The number of those actually furnishing payment information to the consumer reporting agencies has decreased in the last 10 years. In 2013, it was at 88%. 4, March 2013 ). These are industries where debtors will be hard-pressed to find money to pay debts for no other reason than that they are unemployed. drop from 2019.

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The Increasing Acceptance of Derivative Standing

ABI

1] In 2012, the Archdiocese of Santa Fe (“Debtor”) along with its 90 parishes began restructuring its assets after creating the Archdiocese of Santa Fe Real Estate Corporation (“RE Corp.”). [2] 2] Debtor then created a real estate trust and a financial assets trust, both effective January 1, 2013, and made RE Corp. 22] Id. .

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Luxurious Lifestyles Can Undermine the Good Faith Requirement for ?Proposed Chapter 11 Plans of Reorganization

ABI

In In re Hamilton-Gaertner , a North Carolina Bankruptcy Court found that the debtor’s proposed Chapter 11 plan satisfied the good faith requirement of section 1129(a)(3) of the Bankruptcy Code, despite certain expenses typically indicative of bad faith. [1] 1] The debtor was a physician who earned approximately $400,000 per year. [2]