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 12] BMO Harris Bank , 2023 WL 320113, at *3. [13] Nino Aspanadze St. at *13.

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Bankruptcy Financial Institution Loans Banks 40

In the Red

JANUARY 22, 2018

Then, in November 2016, the First Circuit Bankruptcy Appellate Panel (“BAP”) became the first appellate court to follow the Seventh Circuit’s 2012 decision in Sunbeam Products, Inc. Fast forward to January 12, 2018 when, on appeal from the BAP, the U.S. The Sequel. The Final Installment. The Bankruptcy Court’s Decision.

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Bankruptcy Debtor Manufacturing Trade 100

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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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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Creditors Debtor Bankruptcy Banks 40

Consumer Financial Services Law

SEPTEMBER 27, 2016

By: Caren Enloe and Parker Dozier September 26, 2016 A bankruptcy court has dealt a blow to a TCPA defendant’s attempt to moot a class action lawsuit by entering into a settlement with the class representative’s bankruptcy trustee. 12-60237 (Bankr. In re Presswood , Case No. The trustee did not object.

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Bankruptcy Chapter 7 bankruptcy Debtor Judgment 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] 2016) (citing In re Fairfield Sentry Ltd.,

Debtor 40

Debtor Bankruptcy Creditors 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. 4] Brief for the United States as Amicus Curiae , No 20-8 (March 12, 2021) (“ SG Brief ”). [5]

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Creditors Bankruptcy Debtor 65

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.

Creditors 40

Creditors Collection Agencies Collections Agency Debt collector 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] 12] See id. [13] Stanford International Bank, Ltd. 1] See SEC v. 3d at 842. [10] 10] See id.

Banks 40

Banks Bankruptcy Debtor Judgment 40

Consumer Financial Services Law

DECEMBER 21, 2016

Unifund CCR, LLC, 2016 U.S. In determining the representations were permissive litigation activity, the court noted the purported misrepresentations were as to a filing deadline and had nothing to do with the amount of the debt or the debt itself and were not made to the debtor. Carney at * 12. LEXIS 168707 (Dec.

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Garnishment Law Firms Acquisition Debtor 40

Consumer Financial Services Law

MARCH 8, 2017

due on March 25, 2016. In doing so, the court considered first, whether there was a concrete injury sufficient to support jurisdiction and secondly whether the plaintiff had stated a plausible claim under Rule 12(b)(6). Further, the second option indicated a first payment date of March 25, 2016. payment option was an error.

Debtor 40

Debtor Collections 40

FDCPA Defense

FEBRUARY 3, 2019

2012) (intent of debtor at time of purchase controls). Must a communication ( e.g., a letter, pleading, or phone call) make an express demand for payment of money on a debtor in order to constitute “debt collection” under the FDCPA? Cheatham Farms Master HOA , 2018 WL 4297480 (C.D. Alexander, et al 698 F.3d 3d 290 (6th Cir. NA , 840 F.3d

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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. 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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Accrued Interest Foreclosure Debt collector Debtor 40

FDCPA Defense

MAY 11, 2017

The agency ( not the attorney) mailed letters to “approximately one million debtors each year” using a computerized mass-mailing system, with a letterhead referencing the defendant – “P.D. The defendant attorney “did not make the decision to send a letter to a debtor; Household did.” 12-14, 18-23. at 365; see also Jones v.

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Law Firms Debtor Creditors Collections 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

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Collections Judgment Creditors Law Firms 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

Careful lawyers regularly counsel landlords against agreeing to provisions in a lease that require notice of default to the tenant before drawing on a letter of credit, and advise clients to tread carefully in the case of a debtor-tenant that is entitled to such notice. 2016 Bankr. LEXIS 18544, at *12-13 (S.D. 284 (Bankr.

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