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Collection Agencies in Puerto Rico

Nexa Collect

No collection agency is allowed to add collection fees onto the debtor’s outstanding balance even when the agency incurred those charges while doing business related to that debtor (10 P.R. 981p (12)). All that being said, in Puerto Rico interest is allowed on money judgments, at a rate of 6%. of the inhabitants unemployed.

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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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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. ” Id.

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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”). 7] Following the aforementioned hearings, the Debtors sought a rehearing, which FERC denied, and thereafter the Debtors filed for bankruptcy on January 29. [8]

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

ABI

1] In March 2017, Westinghouse Electric Co., 12] According to the Third Circuit, post-petition employment discrimination claims are “actual and necessary” administration expenses, because such claims are a “cost[] ordinarily incident to operation of a business.” [13] Westinghouse Electric Co., Westinghouse Electric Co., 30, 2021). [2]

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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] 12] See In re Acis Capital Mgmt., 24]. at 543. [10]

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Emerging Trends In FDCPA Litigation Against Community Association Attorneys

FDCPA Defense

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