Remove 2017 10
article thumbnail

Collection Agencies in Puerto Rico

Nexa Collect

The FCRA-mandated credit reporting period is the same in Puerto Rico: 7 years for debt, and 10 years for bankruptcies, but note that Puerto Rico has its own statute of limitations for filing lawsuits to collect debts: 15 years. 10, § 981p). Puerto Rico is one of the states that regulate the collection of fees and interest. 981p (12)).

article thumbnail

The Final Say: Conversion from Chapter 11 to Chapter 7 is Not a Given

PBWT

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. A recent 10 th Circuit decision shows why. The debtor and his two brothers-in-law served as co-trustees of both trusts. Unsecured Creditors Committee et al. , ” Id.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Amended Proofs of Claim are not Always Allowed

ABI

[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]

article thumbnail

Exclusive or Concurrent Jurisdiction to Reject Power Purchase Agreements in Bankruptcy?

ABI

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]

article thumbnail

Post-Confirmation, Pre-Effective Date Administrative Expense Claims are Subject to Bar Date

ABI

1] In March 2017, Westinghouse Electric Co., 1] In March 2017, Westinghouse Electric Co., 13] Further, according to the Third Circuit, the conclusion that such claims are administrative expenses advances the policy goal of section 503(b)(1)(A), which is intended to incentivize employees to continue working for a debtor. [14]

article thumbnail

Bankruptcy Court May Refrain from Enforcing a Valid Arbitration Clause

ABI

5] Acis was named as an alleged debtor in an involuntary petition for relief under chapter 11 of the Bankruptcy Code. [6] 7] The Acis trustee rejected the Shared Services Agreement, which as amended on March 17, 2017, did not contain an arbitration clause. [8] 1] 10 Collier on Bankruptcy, ¶ 9019.05 (Alan N. 10] See id.

article thumbnail

District Court Provides Successful Road Map for Bona Fide Error Defense

Consumer Financial Services Law

By Zachary Dunn October 16, 2017 The FDCPA, through section 1692d(6), prohibits a debt collector from placing telephone calls to a debtor “without meaningful disclosure of the caller’s identity.” Van Ru Credit , 2017 U.S. In Berry v. LEXIS 164266 (D.