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] 22-5137, 2023 WL 5490337, at *1 (D.C.

Bankruptcy 40

Bankruptcy Manufacturing Debtor Government 40

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

ABI

JANUARY 19, 2024

1] Before the trials concluded, Free Speech Systems filed for bankruptcy under Subchapter V of Chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) in the Southern District of Texas. [2] 2] A Subchapter V case differs from a traditional Chapter 11 case in several ways. billion in damages. [3] million.

Bankruptcy 40

Bankruptcy Debtor Creditors Unsecured Debt 40

ABI

JANUARY 19, 2024

In evaluating the Texas Business & Commerce Code and title 11 of the United States Code (the “Bankruptcy Code”), the United States Bankruptcy Court for the Southern District of Texas, in In Re Burts Construction, Inc., the “Debtor”) $1.5 The loan was secured by a lien on “all assets of the debtor, including all accounts.” [1]

Secured Creditor 40

Secured Creditor Bankruptcy Debtor Collateral 40

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 24, 2024

[2] The original proof of claim at issue was filed against Maxus and its affiliates (the “Debtors”). In the process of making Agent Orange, the Debtors discharged dioxin and other chemicals into the Passaic River, causing environmental damages. [3] 12] In May 2017, the Debtors’ liquidating plan was confirmed. [13] 28, 2023). [2]

Bankruptcy 40

Bankruptcy Debtor Creditors Government 40

ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Title 11 of the United States Code (the “Bankruptcy Code”) provides under section 365(a) that a debtor in possession may, “subject to the court’s approval… assume or reject any executory contract or unexpired lease of the debtor.” [1] Holding Inc.,

Bankruptcy 40

Bankruptcy Acquisition Debtor Collections 40

ABI

JANUARY 23, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Section 365(a) of title 11 of the United States Code (the "Bankruptcy Code") allows a bankruptcy trustee to assume and assign an executory contract of the debtor. [1] EC-23-1001-GLB, 2023 Bankr. 29, 2023). [2] 11] Id.

Unsecured Creditor 40

Unsecured Creditor Bankruptcy Debtor Creditors 40

ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Under section 503(b) of Title 11 of the United States Code (“Bankruptcy Code”), allowed administrative expenses have priority status in receiving distributions from the bankruptcy estate. [1] 21-00863, 2023 U.S. 3, 2023). [2] 11] Id.

Bankruptcy 40

Bankruptcy Debtor Manufacturing 40

ABI

JANUARY 19, 2024

Historic & Trophy Buildings Fund FCP-SIF (the “Debtor”) entered into a liquidation proceeding in Luxembourg. [1] 6] Under section 1521(a)(4) of title 11 of the United States Code (the “Bankruptcy Code”), a foreign representative can seek recognition in a U.S. 22-11461-DSJ, 2023 WL 5525044, at *1 (Bankr. 25, 2023). [2]

Bankruptcy 40

Bankruptcy Debtor Creditors 40

PBWT

JANUARY 30, 2023

The concept of “property of the estate” is important in bankruptcy because it determines what property can be used or distributed for the benefit of the debtor’s creditors. See 11 U.S.C. § 22-10964 (MG), 2023 Bankr. The Court granted the Debtors’ motion. § 541. LEXIS 2 (Bankr.

Bankruptcy 65

Bankruptcy Debtor Unsecured Creditor Creditors 65

ABI

JANUARY 19, 2024

Bankruptcy Code, there are various provisions that allow debtors and trustees to avoid certain types of prepetition transfers. [1] 11] In 2021, Petr sued BMO and Sun Capital seeking to avoid the $24.8 2] 11 U.S.C. § 546(e); see 11 U.S.C. § 1:22-cv-01742-JMS-MKK, 2023 WL 3203113, at *5 (S.D. May 2, 2023). [5]

Bankruptcy 40

Bankruptcy Financial Institution Loans Banks 40

ABI

JANUARY 23, 2024

the Debtor”) was an investment firm founded by Kyle Livingstone Davies (“Davies”) and Su Zhu (“Zhu” and collectively with Davies, “the Founders”). [3] 4] Due to the “extreme fluctuations in cryptocurrency markets,” however, the Debtor’s business collapsed. [5] 2] Three Arrows Capital, Ltd. (“the citizen residing abroad. [9] 442 (Bankr.

Bankruptcy 40

Bankruptcy Debtor Trade Judgment 40

Troutman Sanders

APRIL 6, 2023

Utah House Bill 20 , titled “Collection Agency Amendments,” was signed into law last month and goes into effect May 3, 2023. See Utah Code Ann. § As a consequence of the repeal, such lawsuits may no longer be viable in Utah.

Collection Agencies 52

Collection Agencies Collections Agency Collections Debt collector 52

ABI

JANUARY 22, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Under chapter 12 of title 11 of the United States Code (the “Bankruptcy Code”), a family farmer or fisherman can restructure its debts. In a Chapter 12 bankruptcy, the debtor generally proposes a plan for repaying creditors from future earnings. [1]

Secured Creditor 40

Secured Creditor Creditors Bankruptcy Unsecured Creditor 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] 1] 11 U.S.C. § 927, 933 (2023). [4]

Bankruptcy 40

Bankruptcy Debtor Government 40

Troutman Sanders

NOVEMBER 13, 2023

On November 7, the Commodity Futures Trading Commission (CFTC) announced that, in 2023 alone, the cumulative penalty amount stemming from consent orders it entered with digital asset-based companies totaled $4.3 For more information, click here. For more information, click here. For more information, click here.

Financial services 52

Financial services Manufacturing Debt Management Debtor 52

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

ABI

JANUARY 28, 2024

7] In November of 2023, Vital filed a voluntary petition for relief under Chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) and began marketing its assets for sale. [8] 22-17842-PDR, 2023 Bankr. 11] Id. 2] In re Vital Pharm., State Surgeon General, Fla. Dep't of Health, 50 F.4th

Bankruptcy 40

Bankruptcy Debtor Creditors Government 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] 30] [1] 11 U.S.C. § John Hayes St.

Bankruptcy 40

Bankruptcy Creditors Foreclosure Banks 40

ABI

JANUARY 23, 2024

Court of Appeals for the Sixth Circuit reversed district court holdings of constitutional and equitable mootness in personal and business bankruptcy cases of debtors Keith Bradley Kramer (“Kramer”) and his real estate business on appeal by judgment creditor Said A. 11] Id. [12] Taleb (“Taleb”). [1] Taleb (“Taleb”). [1] 10] Id. [11]

Bankruptcy 40

Bankruptcy Law Firms Judgment Creditors 40

Troutman Sanders

JUNE 23, 2023

Among other provisions of the bill, § 7 requires debt collection agencies to send written notification to medical debtors 60 days before taking any action to collect such debt (Section 7 Notice). In an opinion dated June 15, 2023, a majority of the three-judge panel affirmed the district court’s order.

Debt collector 52

Debt collector Collection Agencies Collections Agency Debtor 52

Troutman Sanders

JANUARY 18, 2023

Then, on July 13, 2022, Celsius filed voluntary petitions for relief under Chapter 11 of the bankruptcy code. Celsius’ “first day” presentation to the court revealed Celsius’ position that cryptocurrency in the Earn accounts was property of the debtors’ estates, not property of the customers who had deposited it there.

Bankruptcy 98

Bankruptcy Debtor Government Collections 98

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 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

ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Section 524(a) of Title 11 of the United States Code (the “Bankruptcy Code”) provides that a debtor may be discharged (i.e., 1] Section 524(e) provides that a discharge of a debtor’s debt does not affect the liability of a non-debtor. [2]

Creditors 40

Creditors Bankruptcy Debtor Collections 40

Troutman Sanders

FEBRUARY 13, 2024

The judge stated that since Genesis never transferred the assets, they cannot be considered as collateral pledged by the debtor. Genesis filed for Chapter 11 protection in January 2023 with $5.1 The SLOOS addressed changes in standards, terms, and the demand over bank loans over the past three months ( i.e. , Q4 of 2023).

Financial services 52

Financial services Student loans Student Loans Collection Agencies 52