January, 2022

Remove 2018 11
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Fireworks in the Sky but not in Court: Bankruptcy Judge Takes a Practical Approach to the Ordinary Course of Business Defense

PBWT

In 2017 and 2018, the fireworks were sponsored by a local car dealership. In 2018, the invoice was sent on May 14, 2018, and payment was made on July 13, 2018. In August 2018, the car dealership filed for chapter 11 bankruptcy protection. 11 U.S.C. § 11 U.S.C. § 11 U.S.C. §

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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., quoting 11 U.S.C. § American Bankruptcy Institute Law Review Staff. . In Ellis v. Westinghouse Electric Co., 30, 2021). [2]

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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] 3] In Siegel v. 3] In Siegel v. Fitzgerald ( In re Circuit City Stores Inc.),

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Students Must Show Persistent Financial Difficulties to Discharge Student Loans

ABI

In general, student loan debt is not dischargeable in a case under title 11 of the United States Code (the “Bankruptcy Code”) unless there is a showing of undue hardship. at *10–11. [ix] Joe Pizzingrillo. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . iii] By May 2019, Nitka was unemployed. [iv]

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Discharging Student Loan Debt: The Brunner Test

ABI

American Bankruptcy Institute Law Review Staff. . . Generally, student loan debt will not be discharged in a case under title 11 of the United States Code (the “Bankruptcy Code”) unless there is a showing of “undue hardship on the debtor and debtor’s dependents.” 23, 2021) ( citing 11 U.S.C. citing 11 U.S.C.

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A US Court May Recognize a Foreign Proceeding of an Entity Who Would Not be Considered a Debtor in the U.S.

ABI

In In re Barnet , the United States Court of Appeals for the Second Circuit held that a foreign debtor must satisfy traditional debtor eligibility requirements for a debtor’s foreign proceeding to be recognized under Chapter 15 of Title 11 of the United States Code (the “Bankruptcy Code”). [1] 7] 11 U.S.C. § 109(a) (2018). [8]

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The Increasing Acceptance of Derivative Standing

ABI

7] On December 3, 2018, Debtor filed a voluntary petition for relief under Chapter 11 of the United States Code (the “Bankruptcy Code”). [8] 11] The Court highlighted that every court dealt with the question of derivative standing following the 2000 decision by Justice Scalia in Hartford Underwriters Ins. the only trustee. [3]

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