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 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

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] billion from Purdue Pharma. [12] billion from Purdue Pharma. [12]

Bankruptcy 65

Bankruptcy Debtor Lawyers Government 65

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).

Debt Recovery 83

Debt Recovery Trade Unsecured Creditor Collections 83

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 shared responsibility payment. [4] shared responsibility payment. [4] Inc. , 675 F.2d

Bankruptcy 40

Bankruptcy Debtor Healthcare Government 40

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

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

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] [iii] By May 2019, Nitka was unemployed. [iv] viii] Here, the Tenth Circuit held Nitka made a sufficient showing on the first and third elements. [ix] at *12­–13.

Student loans 40

Student loans Student Loans Loans Bankruptcy 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 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] 12] Id. at *16–17. [9] 2022 WL 3108802.

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] 12] See 11 U.S.C. 1] See 15 U.S.C. 237, 279 (Bankr.

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

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

Consumer Financial Services Law

FEBRUARY 27, 2018

Allied Interstate, LLC, 2018 U.S. 12, 2018), the debt collector sent a letter that read “[The creditor] is willing to accept payment in the amount of $128.99 The Court’s holding should be viewed in context: that the debtor plausibly stated a claim under Rule 12 – nothing more. In Tatis v. LEXIS 3238 (3 rd Cir.

Debt collector 40

Debt collector Debtor Collections Creditors 40

ABI

JANUARY 13, 2021

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] 12] New GM appealed the bankruptcy court’s decision to deny a motion to reconsider the July order to the district court. [13] 12] See id. 3d 357, 360 (2d Cir. 2] See id. [3]

Bankruptcy 40

Bankruptcy Unsecured Creditor Debtor Creditors 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

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.” filed , No.

Creditors 65

Creditors Bankruptcy Debtor 65

FDCPA Defense

FEBRUARY 3, 2019

Ekimoto & Morris, LLLC , 2018 WL 33129597 (D. Hawaii July 5, 2018) (unpaid assessments for condo where plaintiffs did not reside not a “debt”). Cheatham Farms Master HOA , 2018 WL 4297480 (C.D. 2018) (analyzing use of property at the time when assessments at issue were incurred) with Haddad v. 2710 (2018).

Foreclosure 40

Foreclosure Debt collector Law Firms Debtor 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: 12% in 2019. The majority of complaints surrounding communication tactics are about repeated phone calls (55%), foul or abusive language (12%) or calls outside of the allotted times (5%). Communication Tactics.

Collection Agencies 105

Collection Agencies Collections Agency Credit Bureau Collections 105

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] 12] See In re Acis Capital Mgmt., 4] Highland Capital Management L.P. 115, 119 (Bankr.

Bankruptcy 40

Bankruptcy Debtor Collateral Construction 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.

Debtor 40

Debtor Bankruptcy 40

Troutman Sanders

OCTOBER 16, 2023

State Activities: On October 12, California’s Department of Financial Protection and Innovation (DFPI), announced, in its October bulletin, that final regulations to implement the Student Loan Servicing Act and the Student Loans Borrower Rights Law have been approved and will become effective January 1, 2024. For more information, click here.

Financial services 52

Financial services Student loans Student Loans Credit Unions 52

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

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] from the City and $153,581.10 from the military. [6]

Bankruptcy 40

Bankruptcy Debtor Creditors Secured Creditor 40

Troutman Sanders

JUNE 28, 2021

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. Interested parties have until July 12 to submit their comments on the proposal.

Financial services 52

Financial services Financial Institution Collection Agencies Collections Agency 52