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. §

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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., 9] See id.

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FDCPA Defense

FEBRUARY 1, 2018

as well as analogous state laws governing the consumer collection process. One line of cases creates a duty to disclose to the debtor that the amount of the debt may be increasing due to accruing interest, fees or other charges. Riexinger & Associates, LLC , 817 F.3d 3d 72 (2d Cir. 2016) and Carlin v. Davidson Fink LLP , 852 F.3d

Accrued Interest 40

Accrued Interest Foreclosure Debt collector Debtor 40

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. In Clomon v. Jackson , 988 F.2d 2d 1314 (2d Cir. Dickerson , 307 F.3d

Lawyers 40

Lawyers Creditor's Rights Law Firms Creditors 40

FDCPA Defense

JANUARY 22, 2017

You will also want to evaluate all third party interactions that your firm engages in, such as contacts with relatives of the debtor, co-workers, interactions with consumer reporting agencies, and the procedures of the vendors that your firm employs, such as process servers. 2541, 2551 (2011); Powers v. Wal-Mart Stores, Inc.

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Collection Industry News

OCTOBER 3, 2022

Bankruptcy judges are technically authorized under Article I, which governs the legislative branch and authorizes the establishment of a uniform system of federal bankruptcy laws. 462 (2011). Thus, the rules governing appeals of orders or judgments in bankruptcy cases are somewhat different than those in other civil litigation.

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