ABI

JANUARY 12, 2022

In general, a student loan may not be discharged under title 11 of the United States Code (the “Bankruptcy Code”) unless the debtor demonstrates “undue hardship.” [1] 4] Ultimately, the debtor accumulated $653,843.22 4] Ultimately, the debtor accumulated $653,843.22 4] Ultimately, the debtor accumulated $653,843.22

Student loans 40

Student loans Student Loans Debtor Loans 40

ABI

JANUARY 12, 2022

Brinskele (“Spouse”) was enforceable against the real property of his wife, Rebecca Brown Brinskele (“Debtor”), where the Spouse quit-claimed his interest in that property to the Debtor after a judgment lien had been recorded. [1] 7] Debtor filed an objection to the proof of claim on July 16, 2019. [8] on May 30, 2002. [3]

Debtor 40

Debtor Judgment Bankruptcy Creditors 40

ABI

JANUARY 13, 2022

In In re Barnet , the United States Court of Appeals for the Second Circuit held that a foreign debtor must satisfy traditional debtor eligibility requirements for a debtor’s foreign proceeding to be recognized under Chapter 15 of Title 11 of the United States Code (the “Bankruptcy Code”). [1] 1] In re Al Zawawi, No.

Debtor 40

Debtor Bankruptcy Creditors 40

ABI

JANUARY 22, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Section 1112 of title 11 of the United States Code (the "Bankruptcy Code") provides that upon request from a party in interest, a bankruptcy court may dismiss a chapter 11 case for "cause." [1] 20] [1] 11 U.S.C. 20] [1] 11 U.S.C.

Bankruptcy 40

Bankruptcy Debtor 40

ABI

JANUARY 12, 2022

Subject to court approval, a trustee or debtor in possession may assume or reject an executory contract or unexpired lease of a debtor under section 365 of title 11 of the United States Code (the “Bankruptcy Code”). [i] i] The trustee or debtor in possession must cure any defaults to assume a contract or lease. [ii]

Debtor 40

Debtor Bankruptcy Unsecured Creditor Secured Creditor 40

ABI

JANUARY 19, 2024

John's University School of Law American Bankruptcy Institute Law Review Staff Section 727(b) of title 11 of the United States Code (the “Bankruptcy Code”) provides that a Chapter 7 debtor’s bankruptcy discharge eliminates the debtor’s liability for “all debts that arose before the date of the order of relief.” [1]

Bankruptcy 40

Bankruptcy Debtor Creditors Judgment 40

PBWT

APRIL 6, 2021

It is well-settled that if you are a debtor in chapter 11, you do not have the unfettered right to convert the case to a chapter 7 liquidation. 20-33, 2021 WL 941435 (B.A.P. The debtor and his two brothers-in-law served as co-trustees of both trusts. A recent 10 th Circuit decision shows why. ” Id.

Unsecured Creditor 65

Unsecured Creditor Debtor Bankruptcy Creditors 65

ABI

JANUARY 28, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff One of the requirements a debtor must meet in order to be eligible for Subchapter V of Chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) is that it must be "engaged in commercial or business activities." [1]

Debtor 40

Debtor Bankruptcy Unsecured Debt Creditors 40

PBWT

OCTOBER 30, 2022

The ramifications of uneven increases to fees in chapter 11 bankruptcies continue to ripple through federal courts. Trustee fees chapter 11 debtors had to pay in virtually every district in the U.S. The maximum amount for large debtors increased dramatically, from $30,000 to $250,000 quarterly. 3d 56, 70 (2d Cir.

Bankruptcy 65

Bankruptcy Debtor Government Judgment 65

Troutman Sanders

JANUARY 19, 2023

When deciding the amount of homestead exemption to which a debtor is entitled, should a bankruptcy court apply the state exemption in effect on the creation date of the lien or on the bankruptcy filing date? The debtor filed for bankruptcy protection in 2021. recorded against his home.

Bankruptcy 52

Bankruptcy Debtor Judgment Lender 52

PBWT

AUGUST 29, 2022

The creditor, himself a trustee of the debtor’s employee stock-option plan, had standing to sue without prior court permission because his suit wasn’t brought on behalf of the bankruptcy estate. The debtor confirmed a liquidating plan that set up a post-confirmation trust. In re Foods , Inc. 14-02689, Adv. 2022 Bankr.

Creditors 65

Creditors Debtor Bankruptcy 65

PBWT

DECEMBER 19, 2021

In re U-Haul, 21-bk-20140, 2021 Bankr LEXIS 3373 (Bankr. 10, 2021 ). The debtor is a well-known truck rental company. Years before the debtor filed for bankruptcy, a class action lawsuit was filed against it. In June 2021, the debtor filed for chapter 11. ” Id. LEXIS, at *19.

Creditors 65

Creditors Debtor Bankruptcy Government 65

PBWT

OCTOBER 27, 2021

In many chapter 11 cases, creditors’ committees can play a vital role in maximizing the recoveries of unsecured creditors. 21-00833-5-JNC, 2021 WL 4695327 (Bankr. The debtor operated 28 franchise restaurants primarily in the Sun Belt region. In re Platinum Corral, LLC , No. Bankruptcy Judge Joseph N. ’" Id.

Creditors 59

Creditors Debtor Collateral Unsecured Creditor 59

PBWT

MARCH 28, 2022

As a result of Purdue Pharma’s proposed plan of reorganization, and the ongoing opioid epidemic that continues to grip the nation, the debate over non-consensual third-party releases has gone mainstream despite being a popular tool for debtors for decades. See 11 U.S.C. § Nonetheless, on December 16, 2021, the U.S.

Debtor 65

Debtor Bankruptcy Manufacturing Retail 65

PBWT

MARCH 3, 2022

For instance, while most judicial districts have United States Trustees, which are funded by a special fee charged to debtors, the judicial districts of Alabama and North Carolina instead have Bankruptcy Administrators, which are funded by general appropriations to the judiciary. Trustee program is funded by debtor-paid fees.

Bankruptcy 65

Bankruptcy Debtor Creditors 65

PBWT

JUNE 22, 2021

1] The Bankruptcy Code generally excludes student loan debt from the general discharge individual debtors are entitled to receive upon the conclusion of their case. 11 U.S.C. § It requires courts to consider the “totality of the circumstances” in each individual debtor’s case. [4] § 523(a)(8). [1]

Student loans 85

Student loans Student Loans Bankruptcy Loans 85

Jimerson Firm

FEBRUARY 11, 2022

The bankruptcy automatic stay prohibits all creditors from proceeding with collection actions, lawsuits, and enforcement of judgments against the debtor. See 11 U.S.C. § See 11 U.S.C. If the debtor rejects the contract, the contract will be terminated, and the contractor will not be required to provide further performance.

Construction 98

Construction Bankruptcy Secured Creditor Debtor 98

PBWT

OCTOBER 19, 2021

Gargotta rejected a debtor’s attempt to use “CARES Act” funds, which it did not actually qualify for, to pay creditors in its chapter 11 case. BR Healthcare Solutions (the “Debtor”) operated a nursing home under the name Karnes City Health & Rehabilitation Center near San Antonio.

Creditors 65

Creditors Debtor Bankruptcy Healthcare 65

ABI

JANUARY 19, 2024

8] In 2022, while the appeal was pending, Endo and certain affiliates filed voluntary petitions for bankruptcy under chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) in the United States Bankruptcy Court for the Southern District of New York. [9] 10] 11 U.S.C. § 11] 11 U.S.C. §

Bankruptcy 40

Bankruptcy Manufacturing Debtor Government 40

PBWT

MAY 20, 2021

United States Bankruptcy Judge Harlin Hale recently dismissed the National Rifle Association’s Chapter 11 petition as not filed in good faith. On January 7, 2021, the NRA petitioned for Chapter 11 bankruptcy in the Northern District of Texas (the “Petition”). & Sea Girt LLC, Debtors. , ” Id.

Bankruptcy 65

Bankruptcy Debtor Judgment Creditors 65

PBWT

NOVEMBER 10, 2021

The debtors had paid the law firm $90,000 in the 90 days before the chapter 11 filing. 2021 Bankr. Before bringing a preference claim, a debtor must also conduct “reasonable due diligence” on the circumstances of the case and on possible affirmative defenses. 11 U.S.C. § 11 U.S.C. §

Bankruptcy 52

Bankruptcy Law Firms Debtor Construction 52

PBWT

JULY 1, 2021

As we reported, on June 21, 2021, the U.S. Judge Harner explained that “[a]lthough the Bankruptcy Code[] reflects Congressional intent to provide debtors with as broad of a discharge as possible, Congress has expressly excepted [student loan] debt from the bankruptcy discharge.” ” 11 U.S.C. § Higher Educ.

Student loans 68

Student loans Student Loans Debtor Bankruptcy 68

PBWT

JULY 25, 2021

Some courts permit debtors to designate vendors crucial to their business as “critical vendors.” ” These vendors supply debtors with necessary goods or services. Debtors are permitted to pay them amounts owing when a bankruptcy case is filed. 21-50176, 2021 Bankr. July 21, 2021). ” Id.

Debtor 65

Debtor Bankruptcy Unsecured Creditor Creditors 65

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

ABI

JANUARY 12, 2022

Section 524(g) of title 11 of the United States Code (the “Bankruptcy Code”) allows a debtor in a Chapter 11 case to establish a trust for the purpose of settling personal injury claims against the debtor based on exposure to asbestos-containing products. [1] 1] 11 U.S.C. § 13-31914, 2021 WL 4156247, at *11 (Bankr.

Bankruptcy 40

Bankruptcy Debtor Judgment Creditors 40

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. §§ 21-10172-T11, 2021 WL 2405399 (Bankr. June 11, 2021). Plaintiff filed for bankruptcy in February 2021. §§ 544, 547–48. Glove, Inc. ,

Creditors 65

Creditors Bankruptcy Debtor Manufacturing 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

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

Public Citizen

JULY 20, 2021

Homaidan (CA2 July 15, 2021). The exceptions to discharge for certain student educational benefits contained in 11 U.S.C. § Thus, private students loans are dischargeable, period, so the debtor need not show "undue hardship"--the generally applicable and very-hard-to-prove standard. " See 11 U.S.C. §

Student loans 53

Student loans Student Loans Bankruptcy Loans 53

PBWT

APRIL 26, 2021

20-1070, 2021 Bankr. The defendant owned an apartment building where the debtor was a tenant. 11 U.S.C. § ” 2021 Bankr. A recent case shows how even late payments can be used to satisfy the ordinary course of business defense in a preference avoidance action. Baumgart v. Savani Props Ltd. (In 20-11873, Adv.

Debtor 65

Debtor Bankruptcy Judgment Creditors 65

ABI

JANUARY 12, 2022

Under title 11 of the United States Code (the “Bankruptcy Code”), a trustee or debtor in possession may avoid or recover certain payments made by the debtor before the bankruptcy filing as a “preference.” [1] 1] During a debtor’s bankruptcy case, the debtor may want to continue obtaining goods or services from a creditor.

Bankruptcy 40

Bankruptcy Debtor Creditors Collections 40

ABI

JANUARY 22, 2023

John's University School of Law American Bankruptcy Institute Law Review Staff Under section 362 of title 11 of the United States Code (the “Bankruptcy Code”), the filing of a bankruptcy petition results in an automatic stay that generally enjoins any creditor from taking any action against a debtor or its property. [1]

Foreclosure 40

Foreclosure Bankruptcy Debtor Creditors 40

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

ABI

JANUARY 12, 2022

In general, a trustee or a debtor in possession may avoid a transfer made prior to a bankruptcy filing as an actual fraudulent transfer if the transfer was made “with actual intent to hinder, delay, or defraud any creditor of the debtor.” [1] 5] Trustee argued Defendant had received payment from Debtor in bad faith. [6]

Debtor 40

Debtor Bankruptcy Creditors Judgment 40

PBWT

AUGUST 29, 2021

1] In VeroBlue , the bankruptcy court entered an order confirming a plan that awarded control of the reorganized debtor to the majority equity holder, Alder Aqua, Ltd. provided by [Sponsor], one half was paid to [the pre-petition secured creditor], and [the Sponsor] assumed management of the reorganized Debtors. from the $13.5

Debtor 65

Debtor Unsecured Creditor Creditors Secured Creditor 65

ABI

JANUARY 13, 2022

KG , the United States District Court for the Southern District of New York (“SDNY”) held that a breach of contract claim against a foreign debtor could be dismissed under principles of international comity, even if the debtor did not obtain recognition under Chapter 15 of Title 11 of the United States Code (the “Bankruptcy Code”). [1]

Bankruptcy 40

Bankruptcy Debtor Creditors Banks 40

ABI

JANUARY 13, 2022

The Bankruptcy Court for the Western District of North Carolina, in In re Dockins , held that the funds from a 401(k) retirement account that was inherited by a debtor before she filed for bankruptcy was not property of the bankruptcy estate. [1] 1] Debtor Holly R. 20-10119, 2021 Bankr. at *11–*12. [12] at *11–*12. [12]

Bankruptcy 40

Bankruptcy Debtor 40