PBWT

MAY 14, 2021

Since 2016, chapter 15 filings have increased by almost 25% (in 2020, there were a total of 236 filings). as long as the foreign debtor’s petition meets the requirements of section 1517 of the Bankruptcy Code. Trustee under a chapter 7 of chapter 11 case (with certain exceptions). public policy. patents under U.S.

Debtor 65

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]

Bankruptcy 40

Bankruptcy Debtor Creditors 40

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. [vi] at *10–11. [ix]

Student loans 40

Student loans Student Loans Loans Bankruptcy 40

ABI

JANUARY 16, 2020

Under section 1123(a)(4) of title 11 of the United States Code (the “Bankruptcy Code”), a reorganization plan should provide equal treatment for each claim of a particular class, unless the claim holder specifically agrees to less favorable treatment. [1] 3] The Debtors proposed a Chapter 11 plan pursuant to which they would raise $1.5

Creditors 40

Creditors Debtor Bankruptcy Banks 40

ABI

JANUARY 13, 2021

1] In In re Brown , the United States Bankruptcy Court for the Southern District of New York denied a non-debtor ex-spouse’s request for a stay pending appeal of an order expunging her claim to concealed marital assets. [2] 5] Five years later, the Debtor commenced a voluntary chapter 7 bankruptcy proceeding. [6]

Debtor 40

Debtor Bankruptcy Judgment Chapter 7 bankruptcy 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] By: Loredana Miranda. 1] See 15 U.S.C.

Debtor 40

Debtor Bankruptcy Creditors 40

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. § 503(b)(1)(A). June 30, 2020).

Bankruptcy 52

Bankruptcy Unsecured Creditor Secured Creditor Debtor 52

Burr Forman

SEPTEMBER 3, 2021

Specifically, Plaintiff alleged Defendant violated § 1692g(a) for failure to provide notice of her statutory rights within five (5) days of the initial contact, and § § 1692d(6) and 1692e(11) for failure to identify itself as a debt collector or that it was attempting to collect a debt during the calls. 1547 (2016). See Spokeo, Inc.

Fair Debt Collection 52

Fair Debt Collection Judgment Collections Debt collector 52

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.

Bankruptcy 100

Bankruptcy Debtor Manufacturing Trade 100

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.”

Debt collector 40

Debt collector Debtor Collections 40

Consumer Financial Services Law

JANUARY 31, 2020

2019) that creditors who refuse to relinquish an item that was seized pre-petition are not subject to sanctions because their refusal does not violate 11 U.S.C. § Joy Denby-Peterson purchased a 2008 Corvette in July 2016, and several months later the vehicle was repossessed when Denby Peterson failed to make all of the required loan payments.

Collateral 40

Collateral Repossession Bankruptcy Chapter 13 bankruptcy 40

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. All references to the “Code” denote the Bankruptcy Code, Title 11 of the U.S. 3d 98 (2d Cir.

Creditors 65

Creditors Bankruptcy Debtor 65

PBWT

MAY 7, 2020

Courts reviewing a bankruptcy court’s decision to approve a chapter 11 reorganization plan over the objections of an interested party must consider not only the merits, but also (if implementation of the plan was not stayed) potential injury to the reliance interests of other parties relying on the plan. Abengoa, S.A.

Bankruptcy 40

Bankruptcy Creditors Debtor 40

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] 11] See id. Stanford International Bank, Ltd. 1] See SEC v. 9] See Stanford Int’l Bank, Ltd.,

Banks 40

Banks Bankruptcy Debtor Judgment 40

The Creditors Rights

JULY 5, 2016

Kelley , 2016 WL 2848587 (8 th Cir. In Opportunity Finance , the debtors were Petters Company, Inc. (“PCI”) The receiver caused them to file chapter 11 petitions, and soon after the petitions were filed, sought an order from the bankruptcy court substantively consolidating the bankruptcy estates. 3d 1321 (11 th Cir.

Lender 40

Lender Bankruptcy Creditors Collateral 40

The Creditors Rights

JUNE 7, 2016

In Lake Michigan Beach , the debtor was organized under the laws of the state of Michigan. After the borrower’s default and lender’s commencement of foreclosure proceedings, the borrower’s members—with the exception of the Special Member—voted to cause the borrower to file a chapter 11 petition. 899 (Bankr.

Lender 40

Lender Bankruptcy Foreclosure Government 40

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. 552 (1990).

Debt collector 40

Debt collector Fair Debt Collection Bankruptcy Creditors 40

Consumer Financial Services Law

SEPTEMBER 5, 2016

15-4968 , 2016 U.S. 1692f(8), that an account number capable of revealing that a recipient was a debtor was a violation within the scope of the plain language of the Fair Debt Collection Practices Act. Anenkova at *11. A Pennsylvania district court has recognized that a benign language exception exists under 15 U.S.C.

Debt collector 40

Debt collector Fair Debt Collection Judgment 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. 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.

Accrued Interest 40

Accrued Interest Foreclosure Debt collector Debtor 40

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. 3d_, 2016 WL 4651403 (7th Cir. 2016 WL 154090 (E.D.N.Y

Collections 40

Collections Judgment Creditors Law Firms 40

FDCPA Defense

APRIL 17, 2019

1993), a collection agency sent letters to “approximately one million debtors each year” using a computerized mass-mailing system, on letterhead listing “P.D. The Court observed that “Rubin has no real involvement in the mailing of dunning letters to debtors,” id. 2016-CFPB-0009; In the Matter of: Works & Lentz, Inc.,

Lawyers 40

Lawyers Creditor's Rights Law Firms Creditors 40

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. 3d _, 2016 WL 4174747 (9th Cir. Hollins Law Firm , _F.3d

Debtor 40

Debtor Debt collector Law Firms Accrued Interest 40

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.

Debt collector 40

Debt collector Judgment Collections Collection Companies 40

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]

Debtor 40

Debtor Bankruptcy Banks 40

PBWT

JULY 1, 2020

As retail and other tenants fall further behind on rent and other obligations, lessors are finding themselves drawn into more and more Chapter 11 bankruptcy cases. This caution is grounded in a concern that even if the draw itself will not violate the automatic stay, a notice to the debtor might. 2016 Bankr. 284 (Bankr.

Bankruptcy 40

Bankruptcy Debtor Creditors Retail 40

The Creditors Rights

SEPTEMBER 13, 2016

In an important decision for debtors and creditors alike, the United States Bankruptcy Court for the District of Delaware has ruled that provisions in a limited liability company operating agreement, granting the company’s lender absolute power to prevent the company from filing a bankruptcy petition are unenforceable as against public policy.

Bankruptcy 40

Bankruptcy Lender Debtor Creditors 40