ABI

JANUARY 19, 2024

The United States Court of Appeals for the Second Circuit held that only a party to an assumed contract can assert a cure claim against the debtor in In re George Wash. 4] Under the Ground Lease, Debtor was responsible for hiring and paying contractors for developing the retail portion of the George Washington Bridge Bus Station. [5]

Debtor 40

Debtor Bankruptcy Unsecured Creditor Retail 40

PBWT

AUGUST 13, 2020

and its affiliated debtors (collectively, “ Debtors ”). [1] Notably, as reported by the Wall Street Journal (“ WSJ ”), the Debtors’ spokeswoman Michele Sharp said that the company would not oppose the NAACP’s motion. [9] Motion at 10. August 7, 2020) (“ Motion ”). [2]

Bankruptcy 65

Bankruptcy Debtor Lawyers Government 65

UK debt collections

JUNE 30, 2022

The third edition of the Allianz Trade Collection Complexity Score provides a simple assessment of how difficult it is to collect debt, helping to support decisions and manage expectations when trading internationally, essential in an environment where global business insolvencies are set to rise (+10% in 2022 and +14% in 2023).

Debt Recovery 83

Debt Recovery Trade Unsecured Creditor Collections 83

ABI

JANUARY 22, 2023

4] Congress created the United States Trustee Program (“USTP”) to, among other things, oversee the administration of bankruptcy cases and to promote the integrity and efficiency of the bankruptcy system for the benefit of all creditors, debtors, and the public. [5] 3] At the same time, however, the requirement is not sacrosanct. [4]

Bankruptcy 40

Bankruptcy Debtor Creditors 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.” 7] The debtor disagreed and filed a cross motion for Summary Judgment. [8]. as provided by section 523(a)(8). [1]

Student loans 45

Student loans Student Loans Loans Debtor 45

PBWT

DECEMBER 13, 2020

Cuker Interactive, LLC filed a Chapter 11 bankruptcy petition on December 13, 2018, in the United States Bankruptcy Court for the Southern District of California. 2002), the Ninth Circuit held that the “interest at the legal rate” due to general unsecured creditors of a solvent chapter 11 debtor is the federal judgment rate. [6]

Unsecured Creditor 65

Unsecured Creditor Bankruptcy Debtor Creditors 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 26, 2023

2] In July 2019, Robert and Bonnie Szczyporski (the “Debtors”) filed voluntary petitions for relief under Chapter 13 of the Bankruptcy Code. [3] 3] The IRS filed a proof of claim against the Debtors for unpaid taxes and interest, including a $927.00 10] Id. shared responsibility payment. [4] shared responsibility payment.

Bankruptcy 40

Bankruptcy Debtor Healthcare Government 40

ABI

JANUARY 20, 2020

In a debtor/creditor relationship, a debtor may explicitly, or implicitly, waive their rights. 2] The judgments were then recorded as judgment liens on property owned by the Debtor (the “Artesian Property”).” [3] 2] The judgments were then recorded as judgment liens on property owned by the Debtor (the “Artesian Property”).”

Debtor 40

Debtor Foreclosure Bankruptcy Legal Rights 40

ABI

JANUARY 12, 2022

1] In 2012, the Archdiocese of Santa Fe (“Debtor”) along with its 90 parishes began restructuring its assets after creating the Archdiocese of Santa Fe Real Estate Corporation (“RE Corp.”). [2] 2] Debtor then created a real estate trust and a financial assets trust, both effective January 1, 2013, and made RE Corp. the only trustee. [3]

Debtor 40

Debtor Bankruptcy Unsecured Creditor Creditors 40

ABI

JANUARY 12, 2022

2] Thereafter, the New York Bankruptcy Court confirmed Westinghouse’s Plan [3] and Westinghouse gave notice to creditors that the Plan became effective on August 1, 2018 and that the deadline for filing administrative expense claims against Westinghouse was August 31, 2018. [4] Westinghouse Electric Co., Westinghouse Electric Co.,

Bankruptcy 40

Bankruptcy Creditors Judgment Debtor 40

ABI

JANUARY 12, 2022

v] In July 2018, he filed a petition under Chapter 7 of the Bankruptcy Code and a complaint against the Department of Education for an order discharging his student loan debt. [vi] at *10–11. [ix] [iii] By May 2019, Nitka was unemployed. [iv] at *12­–13.

Student loans 40

Student loans Student Loans Loans Bankruptcy 40

ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Section 363(b) of title 11 of the United States Code (the “Bankruptcy Code”) provides that bankruptcy courts may authorize the trustee of a debtor to sell or lease property of the bankruptcy estate. [1] In 2018, Sears, Roebuck and Co. 17] See id.

Bankruptcy 40

Bankruptcy Debtor Government 40

ABI

JANUARY 26, 2023

the “Debtor”), which was owned by the New Owners, and continued operating the establishment under the Gordos name. [4] 4] In 2018, the Debtor defaulted on its lease, causing the Debtor to file a voluntary petition for relief under chapter 11 of the Bankruptcy Code. [5] 10] See generally In re Gordos Rest.

Bankruptcy 40

Bankruptcy Debtor Trade Judgment 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] 3] In Siegel v. 3] In Siegel v. Fitzgerald ( In re Circuit City Stores Inc.),

Bankruptcy 40

Bankruptcy Debtor 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] 11] Moreover, the facts did not rebut the presumption. [12]

Debtor 40

Debtor Bankruptcy Creditors 40

PBWT

OCTOBER 20, 2020

Thuma of the United States Bankruptcy Court for the District of New Mexico has confirmed that a bankruptcy court may confer derivative standing on a committee to assert estate claims if a debtor in possession declines to assert them. [1] such limitations or conditions as the court prescribes, a debtor in possession shall have all the rights.

Bankruptcy 52

Bankruptcy Debtor Unsecured Creditor Creditors 52

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. 883 (2018). Section 546(e) says that “the trustee may not avoid a transfer that is.” at 15-16.

Creditors 65

Creditors Bankruptcy Debtor 65

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 13, 2021

5] The original sale agreement (dated June 26, 2009) was amended several days later (June 30, 2009) to narrow the purchaser’s liability to the results of incidents occurring on or after July 10, 2009. [6] 9] Pillars responded, requesting that the bankruptcy court deny the Debtor’s request. [10]. 10] See id. [11] 2] See id. [3]

Bankruptcy 40

Bankruptcy Unsecured Creditor Debtor Creditors 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] 5] Acis was named as an alleged debtor in an involuntary petition for relief under chapter 11 of the Bankruptcy Code. [6] 1] 10 Collier on Bankruptcy, ¶ 9019.05 (Alan N. 10] See id. Sommer eds.,

Bankruptcy 40

Bankruptcy Debtor Collateral Construction 40

Troutman Sanders

OCTOBER 16, 2023

On October 10, the North American Securities Administrators Association (NASAA) — an alliance of securities regulators across the states, Canada, and Mexico — supported the SEC’s claims that assets and services offered by crypto exchange Coinbase are investment contracts. On October 10, D.C. For more information, click here.

Financial services 52

Financial services Student loans Student Loans Credit Unions 52

The Kaplan Group

JANUARY 7, 2021

The number of collection firms has been in decline since 2011, from 9,400 to 7,401 in 2018. There was a steep decrease in 2020, with only 6,699 remaining, a 10% decline. We changed our collection tactics to be understanding of Covid’s impact on debtors and build relationships so our clients would be at the top of the list for payment.

Collections 59

Collections Collection Agencies Collections Agency Student loans 59

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] 1] See I.R.C. 2] 11 U.S.C. § 3] 650 B.R. 486, 487 (Bankr. 9] See id.

Debtor 40

Debtor Bankruptcy 40

ABI

JANUARY 12, 2022

1] Under the FDCPA, a debtor may be entitled to certain remedies, including monetary damages and attorney’s fees, when a debt collector violates the FDCPA. [2] the United States Court of Appeals for the Sixth Circuit held that Carl Ward, a debtor, lacked standing to bring a FDCPA claim under Article III of the U.S. 10] Ward , 9 F.4th

Debt collector 40

Debt collector Judgment Debtor Fair Debt Collection 40

Troutman Sanders

JULY 5, 2023

Additionally, persons who initiate a telephonic sales call must, within 10 seconds of the call, disclose their identity, the purpose of the call, and the identity of the entity for whom the call is being made. A call must be ended within 10 seconds of a consumer indicating a desire to end the call. The bill becomes effective on July 1.

Financial services 52

Financial services Financial Institution Credit Unions Credit Unions 52

Troutman Sanders

AUGUST 30, 2021

On May 2, 2018, Lupia sent Medicredit a letter disputing the debt and demanding that it stop calling her. Although the letter was received on May 7, 2018, it was not entered into Medicredit’s system until May 10, 2018. (Medicredit), contacted plaintiff Elizabeth Lupia regarding unpaid medical bills.

Retrieval 52

Retrieval Debtor Fair Debt Collection Collections 52

ABI

JANUARY 21, 2020

2] In In re Matamoros, the United States Bankruptcy Court in the Southern District of New York held that the City could not recoup the advance salary received by Fernando Matamoros (the “Debtor”) because the Debtor’s military service occurred over three separate occurrences. [3] 10]. Army. [4] 10] See id. [11]

Bankruptcy 40

Bankruptcy Debtor Creditors Secured Creditor 40

Collection Industry News

JANUARY 19, 2021

who represents debtors in collection cases. Intended to support small businesses during the coronavirus pandemic, the program offered loans up to $10 million — and critically, the loans could be forgiven if companies used most of the money to cover payroll. The idea was to encourage companies to keep people employed. It received $1.5

Debt collector 40

Debt collector Lender Collections Loans 40