In the Red

MAY 21, 2019

After dividing the courts for a number of years, we finally have the answer to the big question of whether rejection of a trademark license by a debtor-licensor deprives the licensee of the right to use the trademark. Here’s the question on which the Supreme Court granted certiorari in the Mission Product Holdings, Inc.

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Bankruptcy Debtor Manufacturing Construction 100

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. ” [ii] In December, the Supreme Court granted certiorari and on Thursday adopted the minority view.

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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.

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Creditors Bankruptcy Debtor Construction 56

PBWT

FEBRUARY 1, 2021

Bankruptcy Judge Karen B. Ruling on plaintiff-debtor Southland Royalty Company LLC’s motion for partial summary judgment, Judge Owens found that Halliburton did not obtain a lien on Southland’s production of oil, natural gas, or their proceeds. Perfect your liens on time or you may lose them. in her recent decision.

Bankruptcy 59

Bankruptcy Construction Debtor Acquisition 59

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. If you’re owed money by a bankrupt debtor, you likely have to file a claim. The bankruptcy court will establish a deadline, or “bar date,” by which claims must be filed.

Bankruptcy 52

Bankruptcy Creditors Debtor Construction 52

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. drop from 2019. Source: US Bureau of Labor Statistics. They are, by no means, exceptions.

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Collections Collection Agencies Collections Agency Construction 130

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 debtors had paid the law firm $90,000 in the 90 days before the chapter 11 filing. The schedule also revealed that the debtor had made payments on those invoices.

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Bankruptcy Law Firms Debtor Construction 52

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. ,

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Debtor Construction Collateral Lender 65

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.

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Debtor Construction Bankruptcy Judgment 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.

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Debtor Bankruptcy Loans Construction 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.”

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Creditors Bankruptcy Debtor Construction 65

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]

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Debtor Bankruptcy Creditors Trade 65

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] ii] Consequently, the designation of a debtor as a SARE may have significant ramifications in a case.

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Bankruptcy Debtor Construction Foreclosure 40

Burr Forman

JUNE 24, 2021

Adrian Rust , Bankruptcy: Business. Troy Smith , Construction Litigation. Bankruptcy: Business. Peter Vilmos , Construction Litigation. Robert Neilson , Creditor Debtor Rights. Armando Nozzolillo , Bankruptcy: Business. Chris Thompson , Bankruptcy: Business. Greg Lunny , Business Litigation.

Lawyers 52

Lawyers Construction Bankruptcy Debtor 52

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

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.

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Bankruptcy Debtor Collateral Construction 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

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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.

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Bankruptcy Chapter 13 bankruptcy Construction Debtor 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. Campbell Taube – Creditor Debtor Rights. James Roberts – Bankruptcy: Business. Hoover – Health Care.

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?

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ABI

JANUARY 10, 2020

American Bankruptcy Institute Law Review Staff Member. Luxurious lifestyles alone do not violate the good faith requirement for proposing a plan of reorganization under Chapter 11 of Title 11 of the United States Code (the “Bankruptcy Code”). 1] The debtor was a physician who earned approximately $400,000 per year. [2]

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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].

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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. Campbell Taube – Creditor Debtor Rights. Campbell Taube – Creditor Debtor Rights. Elizabeth B.

Lawyers 40

Lawyers Bankruptcy Construction Banks 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

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.

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Manufacturing Bankruptcy Acquisition Creditors 40

Taurus Collect

MARCH 5, 2024

Persistent Contact: Debt collectors may contact debtors through phone calls, emails, letters, or even personal visits. Consider a Payment Plan: Many debt collectors are open to negotiating payment plans that are manageable for the debtor. Over time, these can accumulate, significantly increasing the total amount owed.

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Debt collector Asset liquidation Debtor Education 52

ABI

FEBRUARY 26, 2025

Johns University School of Law American Bankruptcy Institute Law Review Staff In McKee v. 3] While their new home was under construction, their oft-troubled relationship began to deteriorate, and McKee ended the relationship in 2016 after just one year of living in the Palm Springs home. [4] 23] First, in Moss v. 23] First, in Moss v.

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Debtor Bankruptcy Chapter 7 bankruptcy Judgment 40

Collection Industry News

OCTOBER 3, 2022

In the case of an appeal to a district court from a bankruptcy court, however, this statutory authority arguably conflicts with another statutory provision dictating that appeals from a bankruptcy court order or judgment be heard by a “district court” or a “bankruptcy appellate panel.” In Northern Pipeline Constr.

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Bankruptcy Judgment Debtor Government 40

ABI

FEBRUARY 26, 2025

Johns University School of Law American Bankruptcy Institute Law Review Staff In Kirkland v. 12] EPD was forced into chapter 7 bankruptcy by its creditors, and the United States Bankruptcy Court for the Central District of California appointed Jason Rund as trustee. [13] Sarah Wilkinson St. Rund ( In re Epd Inv. 1] Jerrold S.

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