ABI

JANUARY 12, 2022

Under title 11 of the United States Code (the “Bankruptcy Code”), a trustee or debtor in possession may avoid or recover certain payments made by the debtor before the bankruptcy filing as a “preference.” [1] 1] During a debtor’s bankruptcy case, the debtor may want to continue obtaining goods or services from a creditor.

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PBWT

JANUARY 23, 2022

In August 2018, the car dealership filed for chapter 11 bankruptcy protection. 11 U.S.C. § 11 U.S.C. § 11 U.S.C. § 11 U.S.C. § A recent decision applied the ordinary course of business defense to a preferential transfer claim where the parties had engaged in only two transactions. 18-50214, Adv.

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Burr Forman

AUGUST 24, 2020

The total number of Chapter 11 bankruptcy filings over the first half of 2020 was up 26% compared to the first six months of 2019, and most commentators expect to see this rise in bankruptcies continue as COVID-19 further hampers economic activity. [i] We’ve all seen the headlines—from Hertz to Brooks Brothers and CEC (Chuck E.

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Bankruptcy Debtor Creditors Judgment 52

PBWT

NOVEMBER 15, 2020

The Bankruptcy Code enables a trustee to set aside certain transfers made by debtors before bankruptcy. See 11 U.S.C. §§ ” 11 U.S.C. § ” 11 U.S.C. § In 2015, Defendants brought a motion for summary judgment under section 546(e), arguing that the transfers were protected by the safe harbor.

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ABI

JANUARY 13, 2022

1] John McDonnell McPherson (“Debtor”) entered into a Litigation Funding Agreement (“Funding Agreement”) with Camac Fund, L.P. Camac”), [2] pursuant to which Camac “extend[ed] financing to the Debtor in exchange for a percentage of the Debtor’s [recoveries from certain litigation].” [3] 2015) (Niemeyer, J., at 171–72. [19]

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ABI

JANUARY 12, 2022

In general, student loan debt is not dischargeable in a case under title 11 of the United States Code (the “Bankruptcy Code”) unless there is a showing of undue hardship. A court will typically consider a debtor’s potential for future employment in determining whether student loan debt may be discharged. at *10–11. [ix]

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ABI

JANUARY 12, 2022

Section 524(g) of title 11 of the United States Code (the “Bankruptcy Code”) allows a debtor in a Chapter 11 case to establish a trust for the purpose of settling personal injury claims against the debtor based on exposure to asbestos-containing products. [1] 1] 11 U.S.C. § 13-31914, 2021 WL 4156247, at *11 (Bankr.

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PBWT

AUGUST 29, 2021

1] In VeroBlue , the bankruptcy court entered an order confirming a plan that awarded control of the reorganized debtor to the majority equity holder, Alder Aqua, Ltd. provided by [Sponsor], one half was paid to [the pre-petition secured creditor], and [the Sponsor] assumed management of the reorganized Debtors. 2015) (Krause, J.,

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PBWT

MAY 14, 2021

Some of the main objectives of chapter 15 include: (1) to freeze assets of the debtor pending the resolution of all applicable bankruptcy proceedings, (2) to increase legal certainty for trade and investment, (3) to promote the fair administration of cross-border insolvencies, and (4) to facilitate the rescue of financially troubled businesses.

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Debtor Bankruptcy Creditors Trade 65

ABI

JANUARY 13, 2021

the “Debtor”) operated a motel until 2015, when it began to develop plans to demolish the property and build an upgraded motel. [2] 2] However, in 2016, the City of Dana Point alerted Debtor to several municipal violations. [3] 2] However, in 2016, the City of Dana Point alerted Debtor to several municipal violations. [3]

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The Creditors Rights

MARCH 15, 2016

This section prohibits the granting of a chapter 13 discharge if the debtor received a chapter 7 discharge within four years prior to the commencement of his chapter 13 case. 2015) held a chapter 20 debtor may in his chapter 13 case avoid a lien under § 506(d) even if § 1328(f) precludes him from receiving a discharge.

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In the Red

AUGUST 2, 2018

The court held that under Section 365(g) of the Bankruptcy Code, rejection operates as a breach by the debtor but not as a termination of the contract. In Sunbeam , the Seventh Circuit expressly rejected Lubrizol and held that rejection of a trademark license did not terminate the licensee’s rights to use the trademarks.

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PBWT

JULY 8, 2020

These claims are entitled to priority for actual and necessary goods and services supplied to a debtor in bankruptcy. For a claim to qualify for administrative expense status, a debtor must request that the claimant provide goods and services post-petition or induce the claimant to do so. The first well was finished in 2015.

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Bankruptcy Unsecured Creditor Secured Creditor Debtor 52

ABI

JANUARY 13, 2021

7] In 2015, Appellant Benjamin Pillars commenced a wrongful death lawsuit in Michigan State Court against New GM. [8] 9] Pillars responded, requesting that the bankruptcy court deny the Debtor’s request. [10]. 7] In 2015, Appellant Benjamin Pillars commenced a wrongful death lawsuit in Michigan State Court against New GM. [8]

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ABI

JANUARY 12, 2022

vii] On October 20, 2015, the Shoot the Moon LLCs merged into one entity (“Shoot the Moon”) and filed a voluntary petition for relief under Chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) with the United States Bankruptcy Court for the District of Montana. [xv].

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Loans Bankruptcy Creditors Debtor 40

ABI

JANUARY 23, 2024

1] Section 505(a) of title 11 of the United States Code (the “Bankruptcy Code”) allows bankruptcy courts to determine the “legality of any tax, or penalty relating to a tax” regardless of whether it was previously contested before a judicial or administrative tribunal, so long as it has not already been adjudicated. [2] 2] 11 U.S.C. §

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Collection Industry News

JUNE 14, 2021

Some companies buy old debt, collect what they can on it, and then – instead of canceling the debt, which they are supposed to do – they just sell the list of debtors to another company,” Morrissey said. But like many debtors, debt collection kingpins have been elusive when it comes to paying what they owe.

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The Creditors Rights

AUGUST 2, 2016

3d 1254 (11 th Circ. Midland Funding, LLC , 2016 WL 2996372 (11 th Cir. 3d 1313 (11 TH Cir. A debt collector who violates these proscriptions faces civil liability to the debtor. Crawford v. LVNV Funding, LLC , 758 F.3d 1692e, or “unfair or conconscionable means, 15 U.S.C. 1692f, to collect a debt. Davenport , 495 U.S.

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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

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Collection Industry News

OCTOBER 6, 2020

Investors didn’t even show much concern when, in early September, the Consumer Financial Protection Bureau sued Encore, saying that it had broken the terms of a consent agreement struck in 2015. The company is currently not seeking new orders to seize debtors’ wages or bank account funds, she said. cents on the dollar for each account.

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FDCPA Defense

JANUARY 22, 2017

You will also want to evaluate all third party interactions that your firm engages in, such as contacts with relatives of the debtor, co-workers, interactions with consumer reporting agencies, and the procedures of the vendors that your firm employs, such as process servers. Kovitz Shifrin Nesbit , 2015 WL 74069 (N.D. Falcon , 457 U.S.

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FDCPA Defense

AUGUST 22, 2016

Courts apply the very pro-consumer “least sophisticated debtor” standard when evaluating a collector’s communications, and most violations of the Act are “strict liability” – meaning the debtor can win the case without proving the collector intended to violate the statute. Please call sir, it is important, my number is 866-513-5033.

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Debtor Debt collector Law Firms Accrued Interest 40

Collection Industry News

OCTOBER 3, 2022

1932 (2015) (parties may consent to a bankruptcy court’s jurisdiction); Richer v. 2015) (noting that “implied consent is good enough”). However, before it was evicted, the debtor filed for chapter 11 protection in the Southern District of Texas in January 2019. 28 U.S.C. § 28 U.S.C. §§ 157(c).

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