PBWT

SEPTEMBER 30, 2022

To encourage parties to transact with debtors in bankruptcy, the Bankruptcy Code in corporate bankruptcies provides highest priority to “administrative expenses,” which include “the actual, necessary costs and expenses of preserving the estate.” ” 11 U.S.C. § ” 11 U.S.C. §

Bankruptcy 112

Bankruptcy Debtor Lender Government 112

PBWT

JANUARY 23, 2022

In 2017 and 2018, the fireworks were sponsored by a local car dealership. In 2018, the invoice was sent on May 14, 2018, and payment was made on July 13, 2018. In August 2018, the car dealership filed for chapter 11 bankruptcy protection. 11 U.S.C. § 11 U.S.C. § 11 U.S.C. §

Bankruptcy 52

Bankruptcy Debtor Law Firms Creditors 52

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

ABI

JANUARY 13, 2021

Under title 11 of the United States Code (the “Bankruptcy Code”), a trustee appointed to a debtor’s estate may avoid transfers made within two years before the date of the filing if the debtor received less than reasonably equivalent value in exchange. [i] vi] The Debtor made tuition payments totaling approximately $54,000.

Debtor 40

Debtor Bankruptcy Unsecured Creditor Healthcare 40

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] 11] In Siegel v. 11] In Siegel v. 11] In Siegel v.

Bankruptcy 40

Bankruptcy Debtor Creditors 40

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. 1998), wherein a Bankruptcy Appellate Panel likewise held that solvent debtors must pay postpetition interest to unsecured creditors at the federal judgment rate. [8]

Unsecured Creditor 65

Unsecured Creditor Bankruptcy Debtor Creditors 65

PBWT

DECEMBER 28, 2022

Years before the debtor (ACCJ) filed for bankruptcy, it had entered into a contract with another entity (RLT). In 2018, ACCJ filed for chapter 11. RLT later filed its own chapter 11 case. 11 of this title.” of an entity whose expense is allowable under [11 U.S.C 22-1016, 2022 U.S. LEXIS 35622 (3d Cir.

Bankruptcy 65

Bankruptcy Creditors Debtor Government 65

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]. 1] In Hull v. State Higher Educ.

Student loans 45

Student loans Student Loans Loans Debtor 45

PBWT

AUGUST 13, 2020

On Friday August 7th, the NAACP filed a motion to intervene in the chapter 11 bankruptcy cases of Purdue Pharma L.P. and its affiliated debtors (collectively, “ Debtors ”). [1] However, the NAACP does not appear to rely on this strategy as frequently in the bankruptcy context under Bankruptcy Rule 2018.

Bankruptcy 65

Bankruptcy Debtor Lawyers Government 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 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

PBWT

NOVEMBER 15, 2020

The Bankruptcy Code enables a trustee to set aside certain transfers made by debtors before bankruptcy. See 11 U.S.C. §§ ” 11 U.S.C. § ” 11 U.S.C. § §§ 544, 547, 548. Among other things, section 546(e) bars avoidance of a “settlement payment. financial institution.

Bankruptcy 104

Bankruptcy Financial Institution Debtor Judgment 104

ABI

JANUARY 12, 2022

LLC , the United States Court of Appeals for the Third Circuit held that sections 503 and 1141 of Title 11 of the United States Code (the “Bankruptcy Code”) authorize bankruptcy courts to set deadlines (i.e., quoting 11 U.S.C. § American Bankruptcy Institute Law Review Staff. . In Ellis v. 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 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.

Bankruptcy 40

Bankruptcy Debtor Government 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. [iii] at *10–11. [ix]

Student loans 40

Student loans Student Loans Loans Bankruptcy 40

Jimerson Firm

FEBRUARY 10, 2022

Generally, if debtors owe a debt to a lender, and the lender cancels or forgives that debt for less than its full amount, the debtor is treated for income tax purposes as having income and may have to pay tax on this income by virtue of a 1099-C filing from the lender. 1:11–cv–72, 2012 WL 1098619, at *7 (W.D.N.C. Bank of Am. ,

Lender 98

Lender Credit Unions Credit Unions Collections 98

ABI

JANUARY 26, 2023

1] In In re Szczyporski, the United States Court of Appeals for the Third Circuit held that the shared responsibility payment is a tax entitled to priority under Title 11 of the United States Code (the “Bankruptcy Code”). [2] 3] The IRS filed a proof of claim against the Debtors for unpaid taxes and interest, including a $927.00

Bankruptcy 40

Bankruptcy Debtor Healthcare Government 40

ABI

JANUARY 26, 2023

the United States Bankruptcy Court for the Southern District of New York held that a trustee appointed under title 11 of the United States Code (the “Bankruptcy Code”) can recover intellectual property rights after a post-petition transfer. [1] 5] Subsequently, the Debtor ceased operation in its original location. [6]

Bankruptcy 40

Bankruptcy Debtor Trade Judgment 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

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 the face of this major circuit split, in June 2018 Mission filed a petition for a writ of certiorari , asking the U.S. (As A Cert Petition.

Bankruptcy 100

Bankruptcy Debtor Manufacturing Trade 100

PBWT

JULY 20, 2021

The Bankruptcy Code grants the power to avoid certain transactions to a bankruptcy trustee or debtor-in-possession. See, e.g., 11 U.S.C. §§ June 11, 2021). §§ 544, 547–48. Is there a general requirement that these avoidance powers only be used when doing so would benefit creditors? Glove, Inc. ,

Creditors 65

Creditors Bankruptcy Debtor Manufacturing 65

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. 3d 156, 161-62 (4th Cir. at 169. . [5]

Bankruptcy 40

Bankruptcy Debtor 40

UK debt collections

JUNE 30, 2022

Unsurprisingly, and like in the previous edition of our Collection Complexity Score (2018), Europe takes the lead. New Zealand is the first non-European country to be ranked (12 th , with a score of 36, +1 point since 2018), followed by Brazil (20 th , 43, stable). “In Where is the best place to collect a debt?

Debt Recovery 83

Debt Recovery Trade Unsecured Creditor Collections 83

PBWT

APRIL 14, 2021

A discharge of debt in bankruptcy “operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor.” ” 11 U.S.C. § See 11 U.S.C. § § 524(a)(2).

Chapter 7 bankruptcy 52

Chapter 7 bankruptcy Judgment Debtor Bankruptcy 52

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

Troutman Sanders

OCTOBER 16, 2023

On October 11, the Federal Trade Commission (FTC) announced a new proposed rule to prohibit junk fees, which are hidden and bogus fees that can harm consumers and undercut honest businesses. On October 11, the Securities and Exchange Commission (SEC) informed the U.S. On October 11, B25-0449 was signed by Mayor Muriel Bowser (D).

Financial services 52

Financial services Student loans Student Loans Credit Unions 52

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

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”). 3] On January 24, 2019, PG&E announced their intent to file a voluntary petition for relief under Chapter 11 of the Bankruptcy Code. [4] By: Gabriela Zapata.

Bankruptcy 40

Bankruptcy Debtor Government 40

ABI

JANUARY 13, 2021

9] Pillars responded, requesting that the bankruptcy court deny the Debtor’s request. [10]. The bankruptcy court permitted the Appellant’s claim to proceed because the Debtor mistakenly cited the June 26, 2009, sale agreement in its answer. [11] 11] See id. [12] GM LLC (In re Motors Liquidation Co.), 3d 357, 360 (2d Cir.

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] 11]. (“Highland”) was an insider of Acis and provided management to services to Acis pursuant to a Shared Services Agreement. [5] 11] See id. 1] In In re Acis Capital Mgmt., 6] See id. [7]

Bankruptcy 40

Bankruptcy Debtor Collateral Construction 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. 883 (2018). All references to the “Code” denote the Bankruptcy Code, Title 11 of the U.S.

Creditors 65

Creditors Bankruptcy Debtor 65

ABI

JANUARY 23, 2024

1] Section 505(a) of title 11 of the United States Code (the “Bankruptcy Code”) allows bankruptcy courts to determine the “legality of any tax, or penalty relating to a tax” regardless of whether it was previously contested before a judicial or administrative tribunal, so long as it has not already been adjudicated. [2] 2] 11 U.S.C. §

Debtor 40

Debtor Bankruptcy 40

Credit Corp

NOVEMBER 9, 2020

In 2019, the FTC received 75,200 complaints about debt collectors —down from 84,500 in 2018. Percentage of complaints: 11% in 2019. The law: Collectors can call third parties such as family members, neighbors, friends, or co-workers only once to locate the debtor. False Statements or Representations. government or any state.

Collection Agencies 105

Collection Agencies Collections Agency Credit Bureau Collections 105

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. 2018 WL 3575882 (N.D. Ohio July 25, 2018). In Clomon v.

Lawyers 40

Lawyers Creditor's Rights Law Firms Creditors 40

Collection Industry News

OCTOBER 6, 2020

The company is currently not seeking new orders to seize debtors’ wages or bank account funds, she said. To earn a profit on that investment, Encore and other debt buyers pursue debtors in near perpetuity. In 2018, a Connecticut bill proposed to automatically protect up to $1,000 in a bank account.

Debt collector 40

Debt collector Garnishment Banks Foreclosure 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 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. 2] In Ward v.

Debt collector 40

Debt collector Judgment Debtor Fair Debt Collection 40