2020 10 
ABI
JANUARY 13, 2022
Section 523 of Title 11 of the United States Code (the “Bankruptcy Code”) generally provides that a student loan cannot be discharged unless it would impose “undue hardship” on the debtor. [1] 3] In 2013, Rodger Dean Love (“Debtor”) filed for bankruptcy under chapter 13 of the Bankruptcy Code. [4] 10] See id. [11] 16] . . [1]
ABI
JANUARY 13, 2021
American Bankruptcy Institute Law Review Staff. . In March of 2020, Congress enacted the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) in response to the Covid-19 pandemic. [i] xii] Pursuant to certain regulations, the Administrator excluded debtors in bankruptcy cases from the program.
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PBWT
AUGUST 24, 2020
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.
PBWT
APRIL 6, 2021
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.
Nexa Collect
APRIL 11, 2021
During peak Covid-19 duration (May-Nov 2020) many states prohibited debt collection for several months. The turnaround came the following year, during tax refund season as the debt recovery levels went up substantially ( March/April 2020). Recoveries dropped to a mere 50% of the normal levels. In 2013, it was at 88%.
ABI
JANUARY 26, 2023
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 10] Id. shared responsibility payment. [4] shared responsibility payment.
ABI
JANUARY 12, 2022
1] In 2012, the Archdiocese of Santa Fe (“Debtor”) along with its 90 parishes began restructuring its assets after creating the Archdiocese of Santa Fe Real Estate Corporation (“RE Corp.”). [2] 2] Debtor then created a real estate trust and a financial assets trust, both effective January 1, 2013, and made RE Corp. the only trustee. [3]
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