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The Uncertain Power of Bankruptcy Courts to Approve Non-Consensual Third-Party Releases

ABI

City of Ground Prairie ( In re Purdue Pharma L.P. ), the Second Circuit held that a bankruptcy court has statutory jurisdiction to approve a plan that includes a nonconsensual third-party release of direct claims against non-debtors. [1] 6] The claims against the Purdue Debtors and the Sacklers were estimated to be more than $40 trillion.

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A Cogent Opposing View on SBRA Flexibility

PBWT

I don’t know if Congress foresaw, when it enacted new Subchapter V of Chapter 11 of the Code [1] in the Small Business Reorganization Act of 2019 (“SBRA”), that debtors in pending cases would seek to convert or redesignate their cases as Subchapter V cases when SBRA became effective on February 19, 2020, but it was foreseeable.

Debtor 65
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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. 365 (2007).

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Can a Collection Agency Report to the Credit Bureau Without Notifying You?

Credit Corp

In 2019, the FTC received 75,200 complaints about debt collectors —down from 84,500 in 2018. FTC 2019 Annual Report: Types of Debt Collection Complaints Reported by Consumers. Percentage of complaints: 45% in 2019. Percentage of complaints: 18% in 2019. Percentage of complaints: 12% in 2019.

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Affordable Care Act’s Shared Responsibility Payment is a Tax Entitled to Priority

ABI

2] In July 2019, Robert and Bonnie Szczyporski (the “Debtors”) filed voluntary petitions for relief under Chapter 13 of the Bankruptcy Code. [3] 3] The IRS filed a proof of claim against the Debtors for unpaid taxes and interest, including a $927.00 shared responsibility payment. [4] shared responsibility payment. [4]

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Personal Insolvency rising sharply according to new figures

UK debt collections

from pre-pandemic levels in October 2019 (10,056). The bankruptcies were made up of 553 debtor applications and 150 creditor petitions. Debtor applications were 18% higher and creditor petitions 90% higher than in October 2022. in October 2023 to a total of 9,881 compared to September’s total of 7,280, and decreased by 6.1%