ABI

JANUARY 16, 2020

2] In April 2016, Peabody Energy Corporation and its affiliates (the “Debtors”) filed voluntary petitions for relief under Chapter 11 of the Bankruptcy Code with the United States Bankruptcy Court for the Eastern District of Missouri. [3] 3] The Debtors proposed a Chapter 11 plan pursuant to which they would raise $1.5

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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] 2016) (citing In re Fairfield Sentry Ltd.,

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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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ABI

JANUARY 12, 2022

Nitka earned $61,901 in 2015 and made no payments; $83,000 in 2016 and only paid $130.92; $31,000 in 2017 and paid $109; and $8,000 in 2018 and made no payments towards his loan. at *10–11. [ix] viii] Here, the Tenth Circuit held Nitka made a sufficient showing on the first and third elements. [ix] at *12­–13.

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ABI

JANUARY 19, 2024

Bankruptcy Code, there are various provisions that allow debtors and trustees to avoid certain types of prepetition transfers. [1] 4] In 2016, BWGS Intermediate Holding, (“Intermediate Holding”) an affiliate of Sun Capital Partners, VI, L.P. (“Sun Nino Aspanadze St. 3] In BMO Harris Bank v. million to BMO (“the Transfer”). [9]

Bankruptcy 40

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PBWT

MARCH 23, 2021

” It is well-accepted that it limits not only bankruptcy trustees but also other parties that are exercising the powers of a trustee, such as debtors-in-possession, creditors’ committees and post-confirmation trusts. Section 546(e) says that “the trustee may not avoid a transfer that is.” 1] 583 U.S. __, 138 S.

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Consumer Financial Services Law

JANUARY 6, 2017

While “[a]ctual harassment or annoyance turns on the volume and pattern of calls made,”… “courts around the country have held that the number of calls alone cannot violate the FDCPA; a plaintiff must also show some other egregious or outrageous conduct in order for a high number of calls to have the ‘natural consequence’ of harassing a debtor.”

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Consumer Financial Services Law

DECEMBER 12, 2016

1, 2016), the collection agency agreed to provide the creditor with demand letter services which involved a series of three letters per debt account. Creditors and debt collectors who utilize pre-collect practices should pay close attention to a recent opinion from the Eastern District of Michigan. In Parker Burns v. LEXIS 165587 (E.D.

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Credit Corp

AUGUST 31, 2021

Can a debt collector collect after 10 years, for example? Can a debt collector collect after 10 years? Can a Debt Collector Collect After 10 Years? In most cases, the statute of limitations for a debt will have passed after 10 years. But how long can someone chase you for money you might owe? In This Piece.

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Debt collector Collections Collection Agencies Collections Agency 98

ABI

JANUARY 12, 2020

held that the United States District Court for the Northern District of Texas abused its discretion when it approved a settlement that would preclude third-parties from bringing claims against the debtor’s insurers (the “Underwriters”). [1] 10] See id. Stanford International Bank, Ltd. 1] See SEC v. 7] See id. [8] Kaleta, No.

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Collection Industry News

JANUARY 29, 2021

The consumer filed a putative class action complaint against the debt collector on behalf of herself and all other recipients of similar letters, alleging that the statement about reporting to the IRS violates sections §1692e(5) and (10) of the FDCPA, 15 U.S.C. 1540 (2016); Casillas v. 1692, et seq., See, e.g., Spokeo, Inc.

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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. 2016) and Carlin v. To avoid confusion to the debtor, the Avila Court held that use of the “safe harbor” language from the Miller case would be sufficient. 3d 72 (2d Cir.

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ABI

JANUARY 22, 2020

Under section 109 of title 11 of the United States Code (the “Bankruptcy Code”), a person is generally eligible to be a debtor. [1] 4] There, the court determined that a pension trust was not a business trust and thus not eligible to be a debtor under the Bankruptcy Code. [5] The Plan was terminated on June 30, 2016. [9]

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