ABI

JANUARY 13, 2022

2 Between November 9, 1998, and December 11, 2008, Madoff made a total of 65 transfers to Miller’s IRA, which amounted to $4,680,063, where $669,793 represented fictitious profits cashed out by Miller within the two years before Madoff filed bankruptcy. 10-04921 (CGM), 2021 WL 2787604, at *1 (Bankr. July 2, 2021). 2 See id.

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ABI

JANUARY 13, 2022

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] 6:21-bk-01251-LVV, 2021 WL 3890597, at *3 (Bankr.

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Debtor Bankruptcy Creditors 40

ABI

JANUARY 12, 2022

1] Facing litigation by, among others, the Attorney General for the State of New York, the National Rifle Association and an affiliate filed voluntary petitions for relief under Chapter 11 of the Bankruptcy Code in Texas. [2] 8]. Here, the court dismissed the NRA’s Chapter 11 filing. [9] 2021). . [2]

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Fraser

JANUARY 28, 2022

The COVID stimulus payments sent out earlier in 2021 will not affect your income tax refund (however, if you were entitled to a stimulus check, but did not receive one, it can be added to your 2022 refund as a credit. Whether the return is e-filed or sent by mail. If you are claiming certain credits (especially EITC and CTC).

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Government 52

ABI

JANUARY 13, 2022

11] The Seventh Circuit also reaffirmed the district court’s finding of substantive Regulation O violations. [12]. 19-3396, 2021 U.S. July 23, 2021). [2] LexisNexis 2021)). [3] Prot Bureau , 2021 U.S. Bureau , 2021 U.S. Bureau, 2021 U.S. 11] See id. at *10–11. [16] 1] See Consumer Fin.

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Collection Industry News

JANUARY 3, 2022

Capital Link Management, LLC, 2021 WL 4438081 (N.D. Capital Link moved to dismiss, and the Magistrate Judge recommended that two of the three FDCPA claims (§ 1692c(b) and § 1692d(6)) be dismissed, while recommending that the third claim proceed (§1692e(11)). Both parties appealed.

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Debt collector Fair Debt Collection Collections 40

ABI

JANUARY 13, 2022

Corbell-Dockins (“Dockins”) and her husband filed voluntary petitions for relief under Chapter 7 of title 11 of the United States Code (the “Bankruptcy Code”) on April 2, 2020. [2] 20-10119, 2021 Bankr. June 4, 2021) (holding additionally that the debtor “[did] not need an exemption to keep it.”). [2] at *11–*12. [12]

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ABI

JANUARY 12, 2022

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. In re Nitka), 2021 U.S. at *10–11. [ix] Joe Pizzingrillo. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . at *12­–13.

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Student loans Student Loans Loans Bankruptcy 40

ABI

JANUARY 12, 2022

In general, a student loan may not be discharged under title 11 of the United States Code (the “Bankruptcy Code”) unless the debtor demonstrates “undue hardship.” [1] 11] This test seeks to determine whether the debtor can “‘now and in the foreseeable future maintain a reasonable, minimal standard of living. May 13, 2021) at *5. [2]

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Student loans Student Loans Debtor Loans 40

ABI

JANUARY 12, 2022

Subject to court approval, a trustee or debtor in possession may assume or reject an executory contract or unexpired lease of a debtor under section 365 of title 11 of the United States Code (the “Bankruptcy Code”). [i] i] 11 U.S.C.S. § Venture LLC, 2021 U.S. 4, 2021). [iv] xix] 11 U.S.C.S. § Venture LLC, 2021 U.S.

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Debtor Bankruptcy Unsecured Creditor Secured Creditor 40

ABI

JANUARY 13, 2022

American Bankruptcy Institute Law Review Staff. . The Small Business Reorganization Act of 2019 (“SBRA”) created a new subchapter V of chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”). [1] at 187 (citing Offer Space , 2021 WL 1582625 at *2). [4] John’s University School of Law. at 188–92. [5]

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ABI

JANUARY 12, 2022

2] That judgment was on appeal when JVE and certain affiliates filed voluntary petitions for relief under Chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) with the Delaware bankruptcy court. 20-11043(MFW), 2021 U.S. 10, 2021). [2] at *10–11. [12] In In re John Varvatos Enters. , at *20–22.

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ABI

JANUARY 12, 2022

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. 7] Thus, the US Trustee requested payment of the new amount.

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ABI

JANUARY 12, 2022

(“Tadhamon”), a Bahraini corporation, and Bahrain Islamic Bank (“BisB”), an Islamic commercial bank, could not assert rights of setoff under Bahraini Law and that no safe harbor provisions in title 11 of the United States Code (the “Bankruptcy Code”) protected them from returning owed funds. [1] 1] See In re Arcapita Bank B.S.C., Id at 444.

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ABI

JANUARY 12, 2022

vii] On October 20, 2015, the Shoot the Moon LLCs merged into one entity (“Shoot the Moon”) and filed a voluntary petition for relief under Chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) with the United States Bankruptcy Court for the District of Montana. 2:15-BK-60979-WLH, 2021 WL 4144933, at 1 (Bankr.

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Loans Bankruptcy Creditors Debtor 40

ABI

JANUARY 12, 2022

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.” 18-3046, 2021 WL 1602880, at *4 (Bankr. citing 11 U.S.C.

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Student loans Student Loans Loans Debtor 45

ABI

JANUARY 13, 2022

American Bankruptcy Institute Law Review Staff. . In general, a successful case under Chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) culminates in confirmation of a plan of reorganization, pursuant to which the debtor’s liabilities will be addressed. 9, 2021). . [4] 11] See id. [12]

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ABI

JANUARY 12, 2022

4] Consequently, Defendant sued debtor, who thereafter filed a voluntary petition for relief under chapter 7 of title 11 of the United States Code (“Bankruptcy Code”), which resulted in an automatic stay of the litigation. 16-40050 WJL, 2021 WL 1605169, at 11 (Bankr. 23, 2021). [2] 4] See id. [5] 6] See id. [7]

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Debtor Bankruptcy Creditors Judgment 40

ABI

JANUARY 12, 2022

6] Facing bankruptcy, the Debtor filed a voluntary petition for relief under Chapter 11 of title 11 of the United States Code (“Bankruptcy Code”) on February 23, 2018. 18-30194-DM, 2021 BL 1104 at *2-5 (Bankr. 23, 2021). [2] 11] See id. and the IRS filed a proof of claim. [2] on May 30, 2002. [3] 6] See Id. [7]

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ABI

JANUARY 13, 2022

1] Adaluz Rojas De Bauer (“Debtor”), who is not a permanent resident or citizen of the United States, filed a voluntary petition for relief under Chapter 7 of the title 11 of the United States Code (the “Bankruptcy Code”). [2] 1] See In re De Bauer, 628 B.R. 355, 357 (Bankr. at 356–57. [5] at 358 ( quoting In re Harle, 422 B.R.

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Debtor Bankruptcy Banks 40

ABI

JANUARY 13, 2022

4] Thereafter, the Debtor filed a petition for relief under chapter 11 of title 11 of the United States Code (“Bankruptcy Code”), which automatically stayed all litigation against the Debtor, including the arbitration. [5] 3] Eventually, the parties came to a dispute, and Camac invoked the arbitration clause in the Funding Agreement.

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Bankruptcy Debtor Creditors 40

ABI

JANUARY 13, 2022

York recognized an Indonesian insolvency proceeding under Chapter 15 of Title 11 of the United. 11 In particular, the plan contained a third-party non-debtor release of. John’s University School of Law. . In In re PT Bakrie Telecom TBK, the bankruptcy court for the Southern District of. troubled with certain issues.

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Bankruptcy Creditors Debtor Judgment 40

ABI

JANUARY 13, 2022

Sallie Mae , the United States Court of Appeals for the Second Circuit held that private educational loans may be discharged under § 523(a)(8)(ii) of title 11 of the United States Code (the “Bankruptcy Code”). [1] 11] The drafters created three distinct sections in § 523(a)(8) that mention specific categories of debt. [12]

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Education Loans Student loans Student Loans 40

Burr Forman

JANUARY 25, 2022

131/Tuesday July 13, 2021 ; Second Interim Final Rule, Federal Register/Vol. 192/Thursday, October 7, 2021 ; Third Interim Final Rule, Federal Register/Vol. 223/Tuesday, November 23, 2021. 1:21-CV-04533 (filed August 11, 2021). Bogard and published in the December 2021 issue of Birmingham Medical News.

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Healthcare Retail Lawyers Government 52

Troutman Sanders

JANUARY 18, 2022

In 2021, Congress waded into the digital asset policy waters through its inclusion of expanded cryptocurrency and digital asset rules as part of the $1 trillion Infrastructure Investment and Jobs Act (HR 3584), which was signed into law by President Joe Biden on November 15. On July 28, 2021, Rep. Representative Don Beyer (D-VA).

Banks 52

Banks Trade Credit Unions Credit Unions 52

Fico Collections

JANUARY 26, 2022

2021 saw debt collection and recovery professionals grappling with new regulations while they developed better ways to monitor and handle vulnerable customers during the pandemic. Collection Predictions 2021: Uncertainty and Opportunity. Ted London shared four predictions for collections in 2021: 1. Student Loan Challenges.

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Collections Student loans Student Loans Government 52

ABI

JANUARY 12, 2022

11] On appeal, the United States Court of Appeals for the Sixth Circuit “vacate[d] the district court's order entering summary judgment and remand[ed] the case with instructions that it be dismissed” because, according to the Sixth Circuit, Ward lacked standing to pursue an FDCPA claim under Article III of the U.S. 1692 (2021); Ward v.

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Debt collector Judgment Debtor Fair Debt Collection 40

ABI

JANUARY 13, 2022

11] The rule, explained the court, is one of necessity; it is intended to avoid conflict among courts seeking to control “the same property at the same time.” [12] 2021) (citing Barton v. 1] See Chua v. Ekonomou, 1 F.4th 4th 948, 951 (11th Cir. Barbour, 104 U.S. 126, 128 (1881)). afford[ed] the Trustee. 2d 1236, 1241 (6th Cir.

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Bankruptcy Law Firms 40

ABI

JANUARY 13, 2022

American Bankruptcy Institute Law Review Staff. . In general, an employee benefit plan may assert a priority claim against a debtor in a bankruptcy case subject to a cap imposed by title 11 of the United States Code (the “Bankruptcy Code”). 26, 2021). [2] 11] See id. 3]. Algozine Masonry Restoration, Inc.,

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Fico Collections

JANUARY 25, 2022

Read the full post: It’s 2021. To see the other 11 Nerd Oscar winners, read the full post: The Nerd Oscars: 24 Best Data Science Moments in Movies. As a bonus, the FICO-powered solution is being extended beyond Care by Volvo to all digital sales and new battery electric vehicles as the Volvo Digital journey progresses. by FICO.

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Government Banks Acquisition Lender 52