January, 2022

Remove 2018 12
article thumbnail

Is My Condominium Subject to the Marketable Record Title Act?

Jimerson Firm

Prior to a 2018 amendment to MRTA and a 2019 decision in Eastwood Shores Property Owners Association, Inc., How the 2018 MRTA Amendments Help Condominium Associations. In 2018, the Florida legislature revised the Marketable Record Title Act to avoid the situations that were at issue in Eastwood Shores. 3d 264 (Fla. Conclusion.

article thumbnail

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

ABI

2] Thereafter, the New York Bankruptcy Court confirmed Westinghouse’s Plan [3] and Westinghouse gave notice to creditors that the Plan became effective on August 1, 2018 and that the deadline for filing administrative expense claims against Westinghouse was August 31, 2018. [4] Westinghouse Electric Co., Westinghouse Electric Co.,

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

US Trustee Quarterly Fees Reassessed by 2017 Amendment are not Unconstitutional

ABI

1] The increased fees became payable to the United States Trustee in all Chapter 11 cases pending in the districts under the supervision of the US Trustee as of January 1, 2018, or commenced thereafter. [2] 3] In Siegel v. 7] Thus, the US Trustee requested payment of the new amount. Fitzgerald ( In re Circuit City Stores Inc.), at 169. . [5]

article thumbnail

Students Must Show Persistent Financial Difficulties to Discharge Student Loans

ABI

v] In July 2018, he filed a petition under Chapter 7 of the Bankruptcy Code and a complaint against the Department of Education for an order discharging his student loan debt. [vi] [iii] By May 2019, Nitka was unemployed. [iv] at *10–11. [ix] at *12­–13.

article thumbnail

Discharging Student Loan Debt: The Brunner Test

ABI

4] In July of 2018, the debtor filed for relief under Chapter 7 of the Bankruptcy Code, and in October 2018, the debtor received a general Chapter 7 discharge. [5] 12] First, the debtor could maintain a minimal standard of living, in fact, the debtor has earned well above the poverty level for Kentucky. [13] 12] See id.

article thumbnail

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

ABI

12] Finally, even if section 109(a) applied, the Foreign Representatives would be able to satisfy that burden because the Foreign Debtor owned property in the United States in the form of equity interests in several US companies. [13]. 109(a) (2018). [8] 12] See id. 109(a) (2018). [8] 12] See id. 7] 11 U.S.C. §

Debtor 40
article thumbnail

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] 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]

Debtor 40