Remove tag relief-act
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U.S. Supreme Court Rules that Order Granting or Denying Request for Relief from Automatic Stay is Final Order that is Immediately Appealable

Foster Swift

A party who believes that a bankruptcy court erred in either granting or denying relief from the automatic stay needs to act fast to appeal such a decision. ” Read More › Tags: Chapter 11 , Collections , U.S. ” Read More › Tags: Chapter 11 , Collections , U.S. Jackson Masonry, LLC , the U.S.

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Second Circuit Declines Class Certification to Debtors Seeking to Hold Creditor in Contempt of Discharge Injunction

ABI

filed a petition for relief under Chapter 7 of the Bankruptcy Code, where she listed Citi, the defendant, as a creditor. [2] 16] Thus, the Second Circuit found that the class-wide relief Bruce sought was unavailable as a bankruptcy court’s civil contempt authority does not extend to other bankruptcy courts’ discharge orders. [1]

Debtor 40
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Feds say Virginia towing company illegally sold service members’ cars

Collection Industry News

Federal officials said in court documents that the seizures violate the Servicemembers Civil Relief Act, which requires towing companies to get a court order before auctioning off service members’ vehicles. While Steve’s Towing asked the Virginia DMV for vehicle records, it did not check with Arizona.

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Bankruptcy Disqualifies Parties From Access to PPP Loans

ABI

In response to the economic fallout of the global COVID-19 pandemic, Congress passed the CARES Act, a part of which made government-guaranteed loans available to qualified small businesses through the Paycheck Protection Program (“PPP”). [i] ii] The CARES Act does not contain such an exclusion. John’s University School of Law.

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Regulatory Exception to Automatic Stay Allows Court to Hear Antitrust Case

ABI

5] According to the FTC, this exclusive patent licensing agreement was anticompetitive and harmful to consumers in violation of the Sherman Act and constituted an unfair method of competition in violation of the FTC Act. [6] 2023 WL 5490337, at *3 (citation omitted). Tags: Bankruptcy Litigation 362(b)(4). [12] 362(a)(1). [24]

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COVID-19: The Exception to the Worker Adjustment and Retraining Notification Act

ABI

John's University School of Law American Bankruptcy Institute Law Review Staff The Worker Adjustment and Retraining Notification Act ("WARN Act") provides that “an employer shall not order a plant closing or mass layoff until the end of a 60-day period after the employer serves written notice of such order” to each impacted employee. [1]

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Mortgage-Assistance Relief Firm Violates Consumer Finance Regulations

ABI

In response to the financial crisis of 2007-2008, and the subsequent rise of unfair and deceptive for profit-mortgage assistance relief services (“MARS”), Congress designated the Federal Trade Commission (“FTC”) to employ rules regarding the regulation of MARS. [1] Tags: Ethics & Professional Compensation 1] These rules, the U.S.