Remove 2017 11
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SCOTUS Grants Certiorari, Remands U.S. Trustee Fee Dispute to Second Circuit

PBWT

The ramifications of uneven increases to fees in chapter 11 bankruptcies continue to ripple through federal courts. As we discussed previously , Congress enacted legislation in 2017 that temporarily increased U.S. Trustee fees chapter 11 debtors had to pay in virtually every district in the U.S. Fitzgerald.

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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. The debtor had married into a family that owned real estate assets in New Mexico, Colorado and Arizona and lived off income from two spendthrift trusts formed by his late wife.

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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]

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

ABI

LLC , the United States Court of Appeals for the Third Circuit held that sections 503 and 1141 of Title 11 of the United States Code (the “Bankruptcy Code”) authorize bankruptcy courts to set deadlines (i.e., 1] In March 2017, Westinghouse Electric Co., 1] In March 2017, Westinghouse Electric Co., quoting 11 U.S.C. §

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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”). 3] On January 24, 2019, PG&E announced their intent to file a voluntary petition for relief under Chapter 11 of the Bankruptcy Code. [4] By: Gabriela Zapata.

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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] 11] See id. 1] In In re Acis Capital Mgmt., 9] See id.

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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.