ABI

JANUARY 10, 2020

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]

Unsecured Creditor 40

Unsecured Creditor Debtor Bankruptcy Creditors 40

ABI

JANUARY 22, 2020

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] 12] See 11 U.S.C. 1] See 15 U.S.C. 237, 279 (Bankr.

Debtor 40

Debtor Bankruptcy Creditors 40

ABI

JANUARY 20, 2020

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] 2] The judgments were then recorded as judgment liens on property owned by the Debtor (the “Artesian Property”).”

Debtor 40

Debtor Foreclosure Bankruptcy Legal Rights 40

In the Red

JANUARY 22, 2018

The Sunbeam court held that rejection is a breach by the debtor and does not terminate the agreement or “vaporize” the rights of the non-breaching party. Fast forward to January 12, 2018 when, on appeal from the BAP, the U.S. The Final Installment. The Bankruptcy Court’s Decision. In re Tempnology, LLC, 541 B.R.

Bankruptcy 100

Bankruptcy Debtor Manufacturing Trade 100

ABI

JANUARY 12, 2020

Kaleta , where the court enjoined investors defrauded by a debtor from attacking insurance proceeds, the Receiver contended that the district court had authority to approve the settlement and issue orders barring claims against the Underwriters and the receivership estate. [8] 12] See id. [13] 1] See SEC v. Kaleta, No. 3d at 842. [10]

Banks 40

Banks Bankruptcy Debtor Judgment 40

FDCPA Defense

FEBRUARY 3, 2019

2012) (intent of debtor at time of purchase controls). 2013) (“Unfortunately, the FDCPA does not define ‘debt collection,’ and its definition of ‘debt collector’ sheds little light, for it speaks in terms of debt collection.”) (citations omitted); Gburek v. Cheatham Farms Master HOA , 2018 WL 4297480 (C.D. Alexander, et al 698 F.3d

Foreclosure 40

Foreclosure Debt collector Law Firms Debtor 40

FDCPA Defense

FEBRUARY 1, 2018

One line of cases creates a duty to disclose to the debtor that the amount of the debt may be increasing due to accruing interest, fees or other charges. To avoid confusion to the debtor, the Avila Court held that use of the “safe harbor” language from the Miller case would be sufficient. Riexinger & Associates, LLC , 817 F.3d

Accrued Interest 40

Accrued Interest Foreclosure Debt collector Debtor 40

FDCPA Defense

MARCH 2, 2014

The CFPB has provided some guidance on UDAAPs in the bulletin it released in July 2013 and in the Examination Manual that it published in 2012. See 12 U.S.C. See CFPB Bulletin 2013-07, July 10, 2013, Prohibition of Unfair, Deceptive, or Abusive Acts or Practices In The Collection Of Consumer Debts, at p. 5531(c)(1).

Debtor 40

Debtor Banks Original Creditor Collections 40

FDCPA Defense

JULY 20, 2013

On July 11, 2013, California passed the FairDebt Buying Practices Act , California Civil Code section 1788.50 5) The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior to the sale of the debt. Code § 1788.52. at § 1788.52(b). a) and (b) of the Act. a) and (b) of the Act.

Debtor 40

Debtor Creditors Judgment Collections 40