January, 2022

Remove 2017 12
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US Trustee Quarterly Fees Reassessed by 2017 Amendment are not Unconstitutional

ABI

In 2017, Congress enacted certain amendments (the “2017 Amendment”) that increased the quarterly fees to be paid by debtors to the Office of the United States Trustee in larger cases pending under Chapter 11 of the United States Code (the “Bankruptcy Code”). [1] John’s University School of Law. 3] In Siegel v. 3] In Siegel v.

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Structured Dismissals of Chapter 11 Cases May Be Possible

ABI

In 2017, the United States Supreme Court addressed the possibility of such a “structured dismissal,” [1] and held that structured dismissals that do not violate the “basic priority rules” are permissible. [2] 973, 979 (2017). [2] 2017) at 984 (quoting H.R. Trustee and approve the KG’s request. [13] 1] Czyzewski v. 739 (Bankr.

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Debtor Allowed to Make Voluntary Contributions to Retirement Fund While Repaying Creditors

ABI

12]. Ultimately, the court found that Pizzo’s plan was proposed in good faith.” [13] 16-CV-62900, 2017 WL 4348897, at *8 (S.D. 29, 2017). [13] 9] The court acknowledged that “good faith is an independent requirement for confirmation of a Chapter 13 plan.” [10] 15]. [10] Id. citing 11 U.S.C.

Debtor 40
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“All Commercial Tort Claims” is Insufficient Description to Perfect a Security Interest

ABI

2] On September 15, 2017, Aerogroup filed a voluntary petition for relief under Chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) with the Delaware Bankruptcy Court. [3] Aerogroup”). [2] 6] Following the sale of Aerogroup’s assets, the bankruptcy court dismissed Aerogroup’s chapter 11 case. 9] Schwartz, No.

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FAQs Spell Out Employer-Sponsored Health Plan Requirements for Reimbursing Over the Counter COVID Tests Effective as of January 15, 2022

Fraser

Reimbursement of tests from non-preferred pharmacies or other retailers may be limited to no less than the actual price, or $12 per test (whichever is lower); however plans and insurers may elect to provide more generous reimbursement up to the actual price of the test.

Retail 52
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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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Students Must Show Persistent Financial Difficulties to Discharge Student Loans

ABI

Nitka earned $61,901 in 2015 and made no payments; $83,000 in 2016 and only paid $130.92; $31,000 in 2017 and paid $109; and $8,000 in 2018 and made no payments towards his loan. at *10–11. [ix] at *12­–13. Nitka was unable to satisfy the second element, thus the Tenth Circuit granted summary judgment for the Department of Education.