ABI

JANUARY 13, 2022

In certain instances, confirmation of a plan may not be possible or cost-prohibitive, but the debtor and its creditors have achieved a consensus regarding the treatment of the debtor’s liabilities. There, the debtor and its creditors may agree to the treatment of claims, following which the case will be dismissed. 739 (Bankr.

Bankruptcy 40

Bankruptcy Debtor Creditors 40

ABI

JANUARY 12, 2022

In 2017, Congress enacted certain amendments (the “2017 Amendment”) that increased the quarterly fees to be paid by debtors to the Office of the United States Trustee in larger cases pending under Chapter 11 of the United States Code (the “Bankruptcy Code”). [1] John’s University School of Law. 3] In Siegel v. 3] In Siegel v.

Bankruptcy 40

Bankruptcy Debtor 40

ABI

JANUARY 12, 2022

Generally, student loan debt will not be discharged in a case under title 11 of the United States Code (the “Bankruptcy Code”) unless there is a showing of “undue hardship on the debtor and debtor’s dependents.” 3] Between 2010 to 2017, her average annual wages totaled approximately $63,000.” [4] 1] In Hull v. State Higher Educ.

Student loans 45

Student loans Student Loans Loans Debtor 45

PBWT

FEBRUARY 25, 2021

Does a debtor’s pre-petition change of the beneficiary of a life insurance policy constitute a “transfer” of an interest of the debtor in property? 1] In Harrison , the debtor’s schedules listed his interest in a life insurance policy with a cash value of $814,917. Not according to the U.S.

Debtor 52

Debtor Bankruptcy 52

PBWT

MAY 14, 2021

In recognition of the 15th anniversary of the passage of chapter 15 of the Bankruptcy Code, the New York City Bar Association’s Bankruptcy & Corporate Reorganization Committee hosted a webinar on May 12, 2021 to discuss the current state of chapter 15 cases and potential, corresponding and significant future developments. [1]

Debtor 65

Debtor Bankruptcy Creditors Trade 65

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. 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.

Student loans 40

Student loans Student Loans Loans Bankruptcy 40

ABI

JANUARY 19, 2024

Bankruptcy Code, there are various provisions that allow debtors and trustees to avoid certain types of prepetition transfers. [1] 7] In 2017, Sun Capital caused BWGS and Intermediate Holding to repay the bridge loan in full. [8] 7] In 2017, Sun Capital caused BWGS and Intermediate Holding to repay the bridge loan in full. [8]

Bankruptcy 40

Bankruptcy Financial Institution Loans Banks 40

ABI

JANUARY 20, 2020

In general, a debtor may reject an executory contract subject to court approval under section 365 of title 11 of the United States Code (the “Bankruptcy Code”). 7] Following the aforementioned hearings, the Debtors sought a rehearing, which FERC denied, and thereafter the Debtors filed for bankruptcy on January 29. [8]

Bankruptcy 40

Bankruptcy Debtor Government 40

ABI

JANUARY 12, 2022

1] In March 2017, Westinghouse Electric Co., 12] According to the Third Circuit, post-petition employment discrimination claims are “actual and necessary” administration expenses, because such claims are a “cost[] ordinarily incident to operation of a business.” [13] Westinghouse Electric Co., Westinghouse Electric Co., 30, 2021). [2]

Bankruptcy 40

Bankruptcy Creditors Judgment Debtor 40

ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Law Review Staff Under section 548 of title 11 of the United States Code (the “Bankruptcy Code”), a trustee may avoid any transfer or obligation incurred if the debtor had actual intent to hinder, delay, or defraud creditors. [1] 2017); Brown v. 30] [1] 11 U.S.C. §

Bankruptcy 40

Bankruptcy Creditors Foreclosure Banks 40

In the Red

JANUARY 22, 2018

The Sunbeam court held that rejection is a breach by the debtor and does not terminate the agreement or “vaporize” the rights of the non-breaching party. Fast forward to January 12, 2018 when, on appeal from the BAP, the U.S. The Final Installment. The Bankruptcy Court’s Decision. In re Tempnology, LLC, 541 B.R.

Bankruptcy 100

Bankruptcy Debtor Manufacturing Trade 100

FDCPA Defense

FEBRUARY 3, 2019

2017) (denying class certification; individualized inquiries re: use of properties by putative class members); Connelly v. 2012) (intent of debtor at time of purchase controls). following Ho ; “Because enforcing a security interest is not an attempt to collect money from the debtor, and the consumer has no “obligation.

Foreclosure 40

Foreclosure Debt collector Law Firms Debtor 40

ABI

MARCH 9, 2020

5] Acis was named as an alleged debtor in an involuntary petition for relief under chapter 11 of the Bankruptcy Code. [6] 7] The Acis trustee rejected the Shared Services Agreement, which as amended on March 17, 2017, did not contain an arbitration clause. [8] 12] See In re Acis Capital Mgmt., 24]. Tex.

Bankruptcy 40

Bankruptcy Debtor Collateral Construction 40

Consumer Financial Services Law

MARCH 8, 2017

1:16-cv-437, 2017 U.S. 26, 2017), the complaint alleged that the consumer received a settlement letter which provided three settlement options. In Johnston v. Midland Credit Mgmt, C.A. LEXIS 10610 (Jan. The letter contained an error in that the second settlement option was not populated with a payment amount.

Debtor 40

Debtor Collections 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. To avoid confusion to the debtor, the Avila Court held that use of the “safe harbor” language from the Miller case would be sufficient. 2017), petition for cert. 21, 2017) (No.

Accrued Interest 40

Accrued Interest Foreclosure Debt collector Debtor 40

ABI

JANUARY 23, 2024

2] In Geary vs. United States ( In re Geary ), the debtor sought a determination under section 505 of the Bankruptcy Code that she owed no taxes for the years 2015 through 2018 as an innocent spouse contemplated by the Internal Revenue Code. [3] 12] Id. 1] See I.R.C. 2] 11 U.S.C. § 3] 650 B.R. 486, 487 (Bankr. [7] Id.

Debtor 40

Debtor Bankruptcy 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.” 2017-CFPB-0003 (“Order”) para. 12-14, 18-23.

Law Firms 40

Law Firms Debtor Creditors Collections 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] John’s University School of Law. 1] See 11 U.S.C. §

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. LEXIS 18544, at *12-13 (S.D. 2017 Bankr. 284 (Bankr.

Bankruptcy 40

Bankruptcy Debtor Creditors Retail 40

FDCPA Defense

JANUARY 22, 2017

(This post is adopted from the materials presented at the CAI Law Seminar in Las Vegas, Nevada on January 20, 2017) Demystifying the FDCPA Class Action For HOA Attorneys Consumer attorneys have been filing FDCPA class actions against collection attorneys for decades, and the pace of those filings has increased sharply in the past ten years.

Collections 40

Collections Judgment Creditors Law Firms 40

Consumer Financial Services Law

FEBRUARY 9, 2017

27, 2017) [Dkt No. The creditor, a debt buyer, filed its unsecured proof of claim prior to confirmation of the debtor’s Chapter 13 plan. The debtor’s Chapter 13 plan was confirmed after the filing of the proof of claim. Three months later, the debtor objected to the debt buyer’s proof of claim as time barred.

Bankruptcy 40

Bankruptcy Debtor Creditors Collections 40

Troutman Sanders

JUNE 28, 2021

If confirmed by the Senate, Uejio would replace 2017 Trump appointee Anna Maria Farias. The proposed amendments include changing the definition of medical debt, allowing medical debtors to initiate contact and make voluntary payments, and preventing certain written communications from being sent via certified mail.

Financial services 52

Financial services Financial Institution Collection Agencies Collections Agency 52