Fraser

JUNE 25, 2020

It should come as no surprise, therefore, that the economic downturn has led to a surge in corporate bankruptcy filings. According to data from Epiq Global, 722 companies sought bankruptcy protection around the U.S. For creditors to maximize their recoveries, they must stay informed and take action during a bankruptcy proceeding.

Creditors 72

Creditors Bankruptcy Unsecured Creditor Debtor 72

PBWT

JANUARY 19, 2021

In 2019, we began following a Circuit split regarding a secured creditor’s obligation to return collateral that it lawfully repossessed pre-petition after receiving notice of a debtor’s bankruptcy filing. v] The Court explained further, “[a]ny ambiguity in the text of §362(a)(3) is resolved.

Bankruptcy 65

Bankruptcy Debtor Creditors Repossession 65

PBWT

FEBRUARY 1, 2021

Bankruptcy Judge Karen B. Among other services, Halliburton opened two sets of newly constructed wells (the “Wells”) for Southland. Southland filed for chapter 11 bankruptcy on January 27, 2020 (the “Petition Date”). In the face of a potential bankruptcy, ensure that you perfect your liens pre-petition.

Bankruptcy 59

Bankruptcy Construction Debtor Acquisition 59

Collections Law

MARCH 8, 2022

As a creditor, the last thing you want to hear is that one of your debtor businesses may be filing for bankruptcy. Cohen LLC know that you must act quickly if you think your debtor will be filing for bankruptcy soon. These are just a few of the many options you have for debt collection before a bankruptcy filing.

Debtor 52

Debtor Bankruptcy Creditors Construction 52

Fraser

JULY 21, 2020

As the bankruptcy wave continues to build, more businesses are being forced to deal with bankrupt customers. What’s worse—and which often comes as a big surprise—is when a business gets sued by the debtor or bankruptcy trustee seeking to recover payments made by the debtor before the bankruptcy. What is a Preference Lawsuit?

Creditors 56

Creditors Bankruptcy Debtor Construction 56

In the Red

MAY 21, 2019

v Tempnology, LLC case: Whether, under §365 of the Bankruptcy Code, a debtor-licensor’s “rejection” of a license agreement—which “constitutes a breach of such contract,” 11 U.S.C. One of its first motions in the bankruptcy case was to reject the Agreement and the focus quickly turned to the trademark license.

Bankruptcy 100

Bankruptcy Debtor Manufacturing Construction 100

UK debt collections

SEPTEMBER 21, 2021

Euler Hermes’s forecasts are based on three indicators that can help detect small business insolvency and corporate distress four years before a bankruptcy. Euler Hermes also found that a quarter (25%) of those in the energy sector and almost one in five (19%) of construction firms will be vulnerable in the coming years.

Manufacturing 22

Manufacturing Construction Government Bankruptcy 22

Fraser

SEPTEMBER 28, 2020

When a company files for bankruptcy and it owes you money, it means you have a “claim” in the debtor’s bankruptcy proceedings. The bankruptcy court will establish a deadline, or “bar date,” by which claims must be filed. A claim, in short, is a right to payment. Do You Have to File a Claim? By When Must You File a Claim?

Bankruptcy 52

Bankruptcy Creditors Debtor Construction 52

PBWT

NOVEMBER 10, 2021

A federal judge recently allowed a trustee’s preferential transfer claim against a law firm to proceed but dismissed a constructive fraudulent transfer claim. The firm moved to dismiss, alleging the complaint failed to state a claim upon which relief could be granted under Federal Rules of Bankruptcy Procedure 7008 and 7012.

Bankruptcy 52

Bankruptcy Law Firms Debtor Construction 52

Burr Forman

MARCH 22, 2021

Burr & Forman announces the addition of Bryant Hitson to the firm’s Construction and Project Development practice group. Burr & Forman’s Construction and Project Development team provides advice and assistance to all sectors of the construction industry. Bryant is an associate in the firm’s Mobile office.

Construction 40

Construction Law Firms Bankruptcy Government 40

Nexa Collect

APRIL 11, 2021

Even industries that were doing well, such as commercial construction, transportation, biopharmaceutical research and development, found themselves forced to completely overhaul their operations at an unprecedented cost. The reports of the US Bureau of Labor Statistics provide a discouraging image of the levels of employment in 2020.

Collections 130

Collections Collection Agencies Collections Agency Construction 130

PBWT

AUGUST 16, 2022

The Bankruptcy Court for the District of Hawaii ruled that the extension was constructively fraudulent, and thus avoidable under Bankruptcy Code section 548. But the Owners’ grand plans never came to fruition, and they eventually filed for chapter 11 bankruptcy. See In re Pac. Holdings, Inc. ,

Debtor 65

Debtor Construction Collateral Lender 65

Collections Law

OCTOBER 22, 2021

What if construction has not started? If the owner declares bankruptcy, you will be in a strong position to collect any money the owner ends up paying out. If the owner fails to pay, you may pursue a judicial foreclosure against the property. The attorneys at the Law Offices of Alan M.

Mechanic’s Liens 98

Mechanic’s Liens Commercial Collection Construction Foreclosure 98

ABI

JANUARY 22, 2023

John's University School of Law American Bankruptcy Institute Law Review Staff Title 11 of the United States Code (the “Bankruptcy Code”) contains certain provisions addressing “single asset real estate” or “SARE.” [i] million construction loan from Evertrust Bank (“Evertrust”) to build a hotel. [v] Paul Spagnoli St.

Bankruptcy 40

Bankruptcy Debtor Construction Foreclosure 40

UK debt collections

NOVEMBER 13, 2020

In one instance, a brand required 60-day payment terms of a vendor, then filed for bankruptcy 14 days later. Reports in The Construction Index revealed that Travis Perkins notified its suppliers it would be extending payment terms, citing work-from-home requirements of its accounts payable staff related to COVID-19.

Retail 109

Retail Construction Bankruptcy Government 109

Burr Forman

JUNE 24, 2021

Adrian Rust , Bankruptcy: Business. Troy Smith , Construction Litigation. Bankruptcy: Business. Peter Vilmos , Construction Litigation. Armando Nozzolillo , Bankruptcy: Business. Chris Thompson , Bankruptcy: Business. Attorneys named among 2021 Florida Super Lawyers are: Jacksonville. Ellsworth Summers, Jr.

Lawyers 52

Lawyers Construction Bankruptcy Debtor 52

Collection Industry News

AUGUST 11, 2020

Another major oil company has buckled under the weight of its debt during the COVID-19 pandemic and fallen into bankruptcy as depressed fuel demand continue to pummel the nation’s energy giants. petitioned for Chapter 11 bankruptcy on July 30, with the aim of shedding about $2.1 Denbury’s bankruptcy case will be held in the U.S.

Bankruptcy 40

Bankruptcy Construction Lender Collections 40

PBWT

FEBRUARY 5, 2023

This post is about a junkyard, hogs getting slaughtered, and a bankruptcy judge poised to sanction a creditor and her counsel. More specifically, in this case, a junkyard is the location of the debtor’s property, which consists of “construction debris, scrap piles, tire mounds, collapsed trailers, and inoperable vehicles.”

Creditors 65

Creditors Bankruptcy Debtor Construction 65

ABI

MARCH 9, 2020

Bankruptcy Court May Refrain from Enforcing a Valid Arbitration Clause. . American Bankruptcy Institute Law Review Staff. . Generally, a court will enforce an arbitration clause in a contract, but may refrain from doing so under certain circumstances. [1] By: Laila Rizk. John’s University School of Law.

Bankruptcy 40

Bankruptcy Debtor Collateral Construction 40

PBWT

MAY 14, 2021

In recognition of the 15th anniversary of the passage of chapter 15 of the Bankruptcy Code, the New York City Bar Association’s Bankruptcy & Corporate Reorganization Committee hosted a webinar on May 12, 2021 to discuss the current state of chapter 15 cases and potential, corresponding and significant future developments. [1]

Debtor 65

Debtor Bankruptcy Creditors Trade 65

Burr Forman

AUGUST 20, 2020

Erich Durlacher – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Michael Hall – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Bet-the-Company Litigation, Litigation – Bankruptcy. David Wanhatalo – Construction Law, Litigation – Construction.

Lawyers 40

Lawyers Construction Acquisition Bankruptcy 40

Burr Forman

AUGUST 20, 2020

Erich Durlacher – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Michael Hall – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Bet-the-Company Litigation, Litigation – Bankruptcy. David Wanhatalo – Construction Law, Litigation – Construction.

Lawyers 40

Lawyers Construction Acquisition Bankruptcy 40

Burr Forman

MAY 20, 2021

The firm received 23 total rankings across the firm’s footprint including Alabama for Banking & Finance, Bankruptcy/Restructuring, Commercial Litigation, Construction, Corporate/Commercial, Healthcare, Labor & Employment, and Real Estate. Chris Carson, Bankruptcy/Restructuring. Mike Hall, Bankruptcy/Restructuring.

Healthcare 40

Healthcare Construction Bankruptcy Lawyers 40

ABI

JANUARY 28, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff In Ferrandino & Son, Inc. Sahene Construction L.L.C. ( In re Sahene Construction), the United States Bankruptcy Court for the District of Louisiana held that a non-debtor defendant was not entitled to protection of an automatic stay.

Debtor 40

Debtor Construction Bankruptcy Judgment 40

Burr Forman

JANUARY 12, 2022

Hall – Bankruptcy: Business. Joseph – Bankruptcy: Business. Letzer – Bankruptcy: Business. Meek – Bankruptcy: Business. Solomon – Bankruptcy: Business. Houston, IV – Bankruptcy: Business. James Roberts – Bankruptcy: Business. Lassiter – Construction Litigation. Gillespy – Business Litigation.

Lawyers 52

Lawyers Bankruptcy Construction Banks 52

Sawin & Shea

MARCH 27, 2024

Filing for bankruptcy can feel incredibly daunting, especially if you have concerns over whether it may impact your future job prospects. The sad reality is that many people hold misconceptions regarding bankruptcy filers. They believe those declaring bankruptcy are irresponsible or bad with money. What Is Chapter 7 Bankruptcy?

Chapter 7 bankruptcy 52

Chapter 7 bankruptcy Bankruptcy Chapter 13 bankruptcy Creditors 52

Consumer Financial Services Law

JANUARY 22, 2021

Background The case arose from four separate chapter 13 bankruptcy cases in which the debtors sought to regain possession of their vehicles from the City of Chicago, which had seized and impounded the vehicles prepetition due to unpaid parking tickets and similar traffic fines. The case, City of Chicago v. Fulton, No. Fulton, No. 11 U.S.C. §

Bankruptcy 40

Bankruptcy Chapter 13 bankruptcy Construction Debtor 40

ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff An unpaid secured lender with a prepetition mortgage does not have a right to receive payment of proceeds from a postpetition sale of real property. In 2017, Allegiance Bank loaned Burts Construction, Inc. the “Debtor”) $1.5

Secured Creditor 40

Secured Creditor Bankruptcy Debtor Collateral 40

The Creditors Rights

AUGUST 2, 2016

The United States District Court for the Southern District of Alabama subsequently held the Crawford decision as placing the FDCPA and the Bankruptcy Code in irreconcilable conflict. The court further noted that a “right to payment” under the Bankruptcy Code “is nothing more or less than an enforceable obligation.” Travelers Cas. &

Debt collector 40

Debt collector Fair Debt Collection Bankruptcy Creditors 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”). Bridget Golden. John’s University School of Law. 18].

Bankruptcy 40

Bankruptcy Debtor Construction 40

Burr Forman

NOVEMBER 30, 2020

Christopher Carson – Bankruptcy: Business. Hall – Bankruptcy: Business. Joseph – Bankruptcy: Business. Meek – Bankruptcy: Business. Solomon – Bankruptcy: Business. Houston, IV – Bankruptcy: Business. Akers – Bankruptcy: Business. Roberts – Bankruptcy: Business. Paul Cavender – Class Action.

Lawyers 40

Lawyers Bankruptcy Construction Banks 40

ABI

JANUARY 13, 2021

American Bankruptcy Institute Law Review Staff. . In March of 2020, Congress enacted the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) in response to the Covid-19 pandemic. [i] x] The bankruptcy court considered the text of the CARES Act and the APA in its analysis. By: Meghan Paola.

Debtor 40

Debtor Bankruptcy Loans Construction 40

Burr Forman

JANUARY 27, 2021

His background includes experience with government contracts and construction-related matters, general liability claims litigation, and defense of physicians, nurses, and healthcare entities. He also served as an intern to the Honorable Jacob A. Walker in the Lee County Circuit Court in Auburn, Alabama.

Construction 40

Construction Healthcare Government Bankruptcy 40

BN Lawyers

AUGUST 29, 2019

Constructive Fraudulent Transfer. The Trustee also alleged that the payments of commissions were constructive fraudulent transfers under TUFTA and 11 U.S.C. § However, the Court’s analysis seems to imply that the Fifth Circuit would hesitate to apply the Rule 9(b) standard to constructive fraudulent transfer claims.

Construction 40

Construction Bankruptcy 40

Burr Forman

JANUARY 7, 2021

Hanna Lahr practices in the firm’s Creditors’ Rights & Bankruptcy group. Hanna’s practice focuses on representing creditors and debtors, both in and out of court, to, among other things, enforce and/or restructure debt obligations, including through the bankruptcy process. Birmingham.

Manufacturing 40

Manufacturing Bankruptcy Acquisition Creditors 40

PBWT

JULY 15, 2020

Generation Resources Holding Company, LLC (“Generation Resources”) agreed in July 2005 to sell the right to construct three wind power projects to Edison Capital in exchange for certain payments. In April 2008, Generation Resources filed for bankruptcy, and Eric C. ” 11 U.S.C. § § 550(a). .”

Law Firms 40

Law Firms Bankruptcy Judgment Construction 40

Burr Forman

DECEMBER 17, 2020

Prior to joining Burr & Forman, Cayman practiced as an in-house attorney at a large, privately owned company operating in the construction industry, providing her with experience in employment, litigation and corporate matters. Additionally, Cayman has experience in insurance defense, medical malpractice defense and municipal defense.

Construction 40

Construction Bankruptcy Government 40