ABI

JANUARY 23, 2024

9] Five days later, on December 19, 2019, Svenhard’s filed a chapter 11 bankruptcy petition. [10] 25] [1] See In re Svenhard’s Swedish Bakery, No. 9] Five days later, on December 19, 2019, Svenhard’s filed a chapter 11 bankruptcy petition. [10] 25] [1] See In re Svenhard’s Swedish Bakery, No. 29, 2023). [2]

Unsecured Creditor 40

Unsecured Creditor Bankruptcy Debtor Creditors 40

ABI

JANUARY 28, 2024

1] In August 2020, WMG Development (“Owner”) entered into a contract with a Ferrandino & Son, Inc. 2] The General Contractor entered into an agreement with Sahene Construction (“Subcontractor-Debtor”) to cover site work and construction of the building, costs of which totaled just under $1 million. [3] 19, 2023). [2] 4] Id. [5]

Debtor 40

Debtor Construction Bankruptcy Judgment 40

ABI

JANUARY 19, 2024

9] Therefore, the bankruptcy court looked to Georgia property law to determine the extent of the debtor’s interest in his residence. 17] [1] Jennings v. 17] [1] Jennings v. May 9, 2023). [2] at *9–10. [11] Tags: Real Estate Builders Transp., Nationstar Mortgage, LLC ( In re Jennings), No. 10] Id.

Foreclosure 40

Foreclosure Debtor Bankruptcy Creditors 40

ABI

JANUARY 12, 2022

1] Thus, the lender, Polk 33 Lending, LLC (“Polk”), did not have standing to assert commercial tort claims, breach of fiduciary duty and corporate waste, against the CEO of Aerogroup International Inc. 1] Polk 33 Lending LLC v. at *1, *2. [8] 9] Schwartz, No. Tags: Secured Credit Schwartz, No. 18, 2021). [2]

Collateral 40

Collateral Bankruptcy Lender Loans 40

ABI

JANUARY 19, 2024

1] Before the trials concluded, Free Speech Systems filed for bankruptcy under Subchapter V of Chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) in the Southern District of Texas. [2] 6] Subparagraphs A and B of Section 1182(1) of the Bankruptcy Code list the key eligibility requirements for a Subchapter V debtor. [7]

Bankruptcy 40

Bankruptcy Debtor Creditors Unsecured Debt 40

ABI

JANUARY 28, 2024

1] Facing financial distress, Berley, filed a petition for relief under Chapter 11 of the Bankruptcy Code. [2] 17] Berley did not possess the rights that had not been pursued, and thus, the termination of the option would not have been a “transfer” under section 548(a)(1)(B) of the Bankruptcy Code. [18] 1] Speedwell Ventures LLC v.

Bankruptcy 40

Bankruptcy Debtor Creditors Judgment 40

ABI

JANUARY 19, 2024

1] Additionally, cure claims arising from the assumption of executory contracts are given administrative priority. [2] 9] However, Debtor was not required to cure defaults owed under the rejected contract with Tutor Perini. 26] [1] 11 U.S.C. § 365(b)(1)(A)–(C). [2] 365(b)( 1)(A)–(C). [24] 503(b); Id. §

Debtor 40

Debtor Bankruptcy Unsecured Creditor Retail 40

ABI

JANUARY 19, 2024

1] Though courts have held that failure to file in good faith permits dismissal for cause, there is no universally accepted definition for “good faith.” 3M established an initial $1 billion trust to fund claims against the earplugs and respirators, and a $240 million fund for administration of the chapter 11 cases. [8] 1] 11 U.S.C.A.

Debtor 40

Debtor Bankruptcy Judgment Creditors 40

ABI

JANUARY 28, 2024

1] In 1995, Purdue, a privately held pharmaceutical company owned and governed by the Sackler family developed and the FDA approved Oxycontin. 9] The U.S. 1] Purdue Pharma, L.P. Tags: Bankrupcty Litigation From 1996 to 2001, Purdue aggressively marketed Oxycontin to patients and doctors. [2] 8] The U.S. 8] The U.S.

Bankruptcy 40

Bankruptcy Debtor Creditors Government 40

ABI

JANUARY 19, 2024

1] In Reinhart Foodservice LLC v. 9] Despite his bankruptcy filing, Debtor continued to operate the Restaurant, which continued to buy goods from Creditor in accordance with the Agreement for years after the closing of Debtor's bankruptcy case. [10] 27] [1] 11 U.S.C. § Tags: Consumer Bankruptcy 2] 646 B.R. 10] Id.

Bankruptcy 40

Bankruptcy Debtor Creditors Judgment 40

ABI

JANUARY 23, 2024

9] Taleb objected to the trustee’s final report and fee application, request for fees, and counsel’s fee request, but the bankruptcy court approved each. [10] 9] Taleb objected to the trustee’s final report and fee application, request for fees, and counsel’s fee request, but the bankruptcy court approved each. [10] 31] [1] Taleb v.

Bankruptcy 40

Bankruptcy Law Firms Judgment Creditors 40

ABI

JANUARY 22, 2024

1] In In re LTL Management, LLC , the U.S. 9] Appeals were taken, and in January 2023, the Third Circuit issued an opinion directing the bankruptcy court to dismiss LTL’s 2021 Chapter 11 Case, holding that the case was not filed in good faith due to the debtor's lack of immediate financial distress. [10] 20] [1] 11 U.S.C.

Bankruptcy 40

Bankruptcy Debtor 40

ABI

JANUARY 22, 2024

1] Under a Chapter 12 plan, secured creditors will generally be paid in full, while unsecured creditors will often receive less than full payment. [2] Tags: Secured Credit In a Chapter 12 bankruptcy, the debtor generally proposes a plan for repaying creditors from future earnings. [1] 7] In Farm Credit Services of America v.

Secured Creditor 40

Secured Creditor Creditors Bankruptcy Unsecured Creditor 40

ABI

JANUARY 19, 2024

1] Additionally, under section 363(m), “[t]he reversal or modification on appeal of an authorization under subsection (b) and (c). After losing the appeal on the merits, Transform moved for a rehearing and—for the first time during the appeal [9] —argued that section 363(m) deprived the District Court of jurisdiction. 1] 11 U.S.C. §

Bankruptcy 40

Bankruptcy Debtor Government 40

ABI

JANUARY 19, 2024

1] The safe harbor rule set out in Section 546(e) of Title 11 of the United States Code (the “Bankruptcy Code”) provides, in part, that a trustee may not avoid a transfer made before the commencement of the case in connection with a securities contract, as defined in Section 741(7), made by, to, or for the benefit of a financial institution. [2]

Bankruptcy 40

Bankruptcy Financial Institution Loans Banks 40

ABI

JANUARY 13, 2022

1] On November 1998, Stanley T. 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. 1] See In re Bernard L. 448(a)(1)(A)).

Bankruptcy 40

Bankruptcy Debtor Financial services Banks 40

ABI

JANUARY 19, 2024

1] A fraudulent transfer may be the result of self-dealing and a breach of fiduciary duties. [2] 9] Following the sale, OldCo would retain the remaining TransCare assets and file for relief under Chapter 7 of the Bankruptcy Code. [10] 30] [1] 11 U.S.C. § 548(a)(1)(A). [2] 30] [1] 11 U.S.C. § 548(a)(1)(A). [2]

Bankruptcy 40

Bankruptcy Creditors Foreclosure Banks 40

ABI

JANUARY 19, 2024

8] To determine if a creditor may be held in civil contempt for violation of the discharge order, a bankruptcy court applies the Taggart standard, finding a creditor in contempt when “‘there is no fair ground of doubt as to whether the order barred the creditor’s conduct.’” [9] Here, the Second Circuit found this standard satisfied.

Debtor 40

Debtor Creditors Bankruptcy Collections 40

ABI

JANUARY 13, 2022

1] However, the undue hardship requirement does not apply to all student loans; section 523(a)(8) generally applies to a loan guaranteed by the government or funded by the government or a nonprofit institution. [2] 9] Instead, the court found that there is an apparent split as to who has the burden. [10] 1] See 11 U.S.C. §

Debtor 40

Debtor Loans Student loans Student Loans 40

ABI

JANUARY 22, 2023

1] The automatic stay is not permanent and may be terminated upon a showing of “cause.” [2] 9] Following the appointment of a receiver by the state court, East/Alexander filed a voluntary petition for relief under Chapter 11 resulting in a stay of M360’s foreclosure action. [10] 22] [1] In re East/Alexander Holdings, LLC, No.

Foreclosure 40

Foreclosure Bankruptcy Debtor Creditors 40

ABI

JANUARY 13, 2022

1] Debtor Holly R. 9] Because the Supreme Court held that the transfer restriction on ERISA-qualified plans constitute “applicable nonbankruptcy law,” and that an inherited 401(k) has an anti-alienation provision, Dockins argued that her account is excluded from the estate, so long as the transfer restriction existed on the petition date. [10].

Bankruptcy 40

Bankruptcy Debtor 40

ABI

JANUARY 24, 2024

1] The bankruptcy court held that a motion for leave to amend a proof of claim “should be granted if and only if the original proof of claim seeks amounts beyond” the amount sought in the amended proof of claim. [2] 1] In re Maxus Energy Corp., 1; In re Exide Techs., Tags: Bankrupcty Litigation LEXIS 2117 (Bankr.

Bankruptcy 40

Bankruptcy Debtor Creditors Government 40

ABI

JANUARY 23, 2024

1] Second , whether the issue of personal jurisdiction must be addressed before compelling compliance with the subpoena. [2] 9] In granting the motions as to Davies, the court found that Rule 45 and 28 U.S.C. 9] In granting the motions as to Davies, the court found that Rule 45 and 28 U.S.C. 1] In re Three Arrows Cap.,

Bankruptcy 40

Bankruptcy Debtor Trade Judgment 40

ABI

JANUARY 12, 2022

1] In Darden v. 1] 11 U.S.C. § 9] See id. [10] at *9 ( citing Cal. Tags: Bankruptcy Litigation In 2004, the Bankruptcy Court confirmed the Debtors’ plan of reorganization (the “Joint Plan”), creating the Western Asbestos Settlement Trust (the “Trust”). [5] California Code of Civil Procedure § 377.60 18] . [1]

Bankruptcy 40

Bankruptcy Debtor Judgment Creditors 40

ABI

JANUARY 13, 2022

1] These rules, the U.S. 9] Accordingly, the court adopted a common definition for the “practice of law” analysis, which evaluated whether the local attorneys applied legal principles and judgment to the consumers’ files. [10] 1] See Consumer Fin. LEXIS 21907 at *1. [5] at *9–10. [9] LEXIS 21907 at *1. [5]

Retrieval 40

Retrieval Lender Judgment Lawyers 40

ABI

JANUARY 12, 2022

1] In March 2017, Westinghouse Electric Co., 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] 1] Ellis v.

Bankruptcy 40

Bankruptcy Creditors Judgment Debtor 40

ABI

JANUARY 12, 2022

1] In In re Parviz i , a bankruptcy court in Massachusetts held that a fifty-one year old debtor was required to pay back her student loans until she reached her seventies, at which time any remaining balance would be discharged. [2] 1] See In re Parvizi, No. Tags: Consumer Bankruptcy 18-30578-EDK, 2021 WL 1921121 (Bankr.

Student loans 40

Student loans Student Loans Debtor Loans 40

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] 9] Moreover, the Debtor’s daughter is married to a U.S. 1] See In re De Bauer, 628 B.R. at 356–57. [5]

Debtor 40

Debtor Bankruptcy Banks 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] 1] See In re Nat'l Rifle Ass'n of Am. , 1] See In re Nat'l Rifle Ass'n of Am. , a money judgment.

Bankruptcy 40

Bankruptcy Unsecured Creditor Debtor Creditors 40

ABI

JANUARY 13, 2022

1] In February of 2019, Plaintiff David Moyal brought an action in New York state court for breach of a distribution agreement against a German company, Münsterland Gruppe GmbH & Co. 9] However, comity is not guaranteed. [10] 1] Moyal v. 1:19-CV-04946, 2021 WL 1963899, at *4 (S.D.N.Y. 1 (S.D.N.Y. 1 (S.D.N.Y.

Bankruptcy 40

Bankruptcy Debtor Creditors Banks 40

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. 1] In re Roman Cath.

Debtor 40

Debtor Bankruptcy Unsecured Creditor Creditors 40

ABI

JANUARY 12, 2022

1] During a debtor’s bankruptcy case, the debtor may want to continue obtaining goods or services from a creditor. 9] After reviewing the facts, circumstances, and arguments, the bankruptcy court denied the Defendants’ motion to dismiss. [10]. 1] See 11 U.S.C. § 19-11292, 2021 WL 3083325, at *1 (Bankr. McKesson Corp. (

Bankruptcy 40

Bankruptcy Debtor Creditors Collections 40

ABI

JANUARY 22, 2023

1] In In re Art Van Furniture LLC, a bankruptcy court in Delaware held that COVID-19 falls within the scope of the "unforeseen business exception and the natural disaster exception to the WARN Act's 60-day notice requirement." [2] 9] See id. 17] Id. Tags: Business Reorganization 523 (Bankr. 7] Id. [8] 8] See id.

Bankruptcy 40

Bankruptcy Debtor Retail Judgment 40

ABI

JANUARY 13, 2022

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] 1] Czyzewski v. 9, 2021). . [4] Tags: Business Reorganization Trustee and approve the KG’s request. [13]

Bankruptcy 40

Bankruptcy Debtor Creditors 40

ABI

JANUARY 22, 2023

1] However, certain debts are not dischargeable. [2] 9] Mover filed a complaint against Jaurigui seeking a judgement declaring that his loans to Jaurigui were nondischargeable debts under 11 U.S.C. § 523(a)(2)(B), a creditor must show: (1) it provided the debtor with money.; (2) 18] [1] See 11 U.S.C.A. § 8, 2022). [5]

Debtor 40

Debtor Bankruptcy Creditors Loans 40

ABI

JANUARY 22, 2023

1] In Bayview Loan Servicing LLC v. 9] Fogarty sued Bayview in bankruptcy court for willful violation of the automatic stay. [10] 9] Fogarty sued Bayview in bankruptcy court for willful violation of the automatic stay. [10] 15] Citing Section 362(a)(1), the court stated that “the Sale represented a ‘continuation.

Foreclosure 40

Foreclosure Debtor Bankruptcy Judgment 40

ABI

JANUARY 12, 2022

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] 1] See Siegel v. Tags: Bankruptcy Taxation 3] In Siegel v. 3] In Siegel v. 3d 156, 161-62 (4th Cir. at 169. . [5]

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Bankruptcy Debtor 40