Remove 2015 12
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Automatic Stay is not Extended to Enjoin Arbitration Between Non-Debtors, Even Where Debtor’s Actions are the Subject of the Arbitration

ABI

( 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. 12] The bankruptcy court’s decision primarily focused on element two, “irreparable injury.” [13]

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Solvent Debtors Must pay the Contractual Post-Petition Interest Rate on Unimpaired Claims

ABI

the United States Court of Appeals for the Ninth Circuit held that solvent-debtors are required to pay unimpaired creditors their bargained for post-petition interest rate. [1] 7] Generally, under the Bankruptcy Code, once a debtor files for bankruptcy, an unsecured claim no longer accrues interest. [8] 25] [1] See Ad Hoc Comm.

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Settlement Agreement Found not to be an Executory Contract Under Section 365(a)

ABI

John’s University School of Law American Bankruptcy Institute Law Review Staff Section 365(a) of title 11 of the United States Code (the "Bankruptcy Code") allows a bankruptcy trustee to assume and assign an executory contract of the debtor. [1] 12] See id. 15] Svenhard’s appealed. [16] 15] Svenhard’s appealed. [16]

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Balancing Confidentiality and Comity When Entering Discovery Related Protective Orders in Cross-Border Insolvency Proceedings

ABI

Historic & Trophy Buildings Fund FCP-SIF (the “Debtor”) entered into a liquidation proceeding in Luxembourg. [1] Historic & Trophy Buildings Fund FCP-SIF (the “Debtor”) entered into a liquidation proceeding in Luxembourg. [1] 3] Responding to the Liquidator’s motion for discovery, certain U.S. 25, 2023). [2] 1521(a)(4)). [8]

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A “Critical Vendor” may be Subject to a Preference Claim

ABI

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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Students Must Show Persistent Financial Difficulties to Discharge Student Loans

ABI

i] Throughout his loan repayment period from 2015 to 2019, Gordon Nitka worked as a contract employee at a law firm, fitness coach, insurance salesman, and roofing salesman. [ii] viii] Here, the Tenth Circuit held Nitka made a sufficient showing on the first and third elements. [ix] at *10–11. [ix] at *12­–13.

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2nd Cir. Holds FDCPA Defendant’s ‘Bona Fide Error’ Defense Should Go to Jury

Collection Industry News

Court of Appeals for the Second Circuit recently held that a debt collector did not violate the federal Fair Debt Collection Practices Act (FDCPA) where it unintentionally sent a valid debt collection communication to a non-debtor. A collection firm obtained a default judgment over a debtor named “William J. Wagner, Jr.” Wagner, Jr.,”

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