The Creditors Rights

JULY 19, 2016

When an adversary proceeding is transferred to the district court pursuant to a withdrawal of the reference, which rules—and deadlines—apply: those contained within the Federal Rules of Civil Procedure, or those contained within the Federal Rules of Bankruptcy Procedure? Rosenberg v. DVI Receivables XIV, LLC , 2016 WL 1392642 (11 th Cir.

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Price Meese

SEPTEMBER 9, 2021

Steinberg and the firm are pleased to announce that he will be speaking in an upcoming Strafford live video webinar, “Bankruptcy and Secured Creditor Priority: Identifying, Resolving, or Avoiding Hidden and Springing Liens” scheduled for Wednesday, October 6, 1:00pm-2:30pm EDT.

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Price Meese

FEBRUARY 16, 2023

Rick is the Chairman of the TLA Bankruptcy and Creditors’ Rights Committee. Rick Steinberg presented a webinar to the Transportation Lawyers Association on February 16, 2023 entitled “Keep on Truckin’ Even After a Catastrophic Accident: Subchapter V as the Last Line of Defense.”

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The Creditors Rights

JULY 5, 2016

Lenders often go to great lengths to ensure their borrowers are Special Purpose Entities —entities whose assets will not be commingled with the assets of parent or affiliated companies—rendering bankruptcy filings by the SPE less likely. First, the court stated that “standing in a bankruptcy appeal is narrower than Article III standing.”

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Burr Forman

OCTOBER 30, 2020

Anna is an associate in the Birmingham office where she practices in the firm’s Creditors’ Rights and Bankruptcy group. At Burr, Anna represents both creditors and debtors to enforce or restructure debt obligations. She also represents clients in general commercial disputes.

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The Creditors Rights

MAY 24, 2016

The Ninth Circuit BAP recently discussed on appeal the issue of whether a bankruptcy court may use the “fair and equitable” standard for confirmation in § 1129(b) to deny an oversecured creditor default interest on its claim to which it would otherwise be entitled under § 506(b). In Wells Fargo Bank, N.A. 819 (9 th Cir. amended 547 F.3d

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Burr Forman

OCTOBER 15, 2021

Hanna is a partner in the firm’s Creditors’ Rights & Bankruptcy group. Her practice focuses on representing creditors and debtors, both in and out of court, on a variety of issues. Hanna helps clients enforce or restructure debt obligations, including through the bankruptcy process.

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Sawin & Shea

NOVEMBER 15, 2023

If you’re struggling with financial hardship, filing for bankruptcy can be an effective way to get back on your feet. But filing for bankruptcy in Indiana doesn’t mean every outstanding debt you’ve ever incurred gets wiped away. Declaring bankruptcy will discharge most types of debt but not others. What do we mean by this?

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Burr Forman

SEPTEMBER 7, 2021

Weyman Carter – Bankruptcy & Creditors Rights. The Burr & Forman attorneys named among the “Legal Elite” list and their respective categories are: Adam Artigliere – Commercial Real Estate. Jennifer Blumenthal – Corporate Investigations. John Connell, Jr. Labor & Employment. Erik Doerring – Tax & Estate Planning.

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Burr Forman

AUGUST 11, 2020

Weyman Carter – Banking and Finance; Bankruptcy and Creditors’ Right. Michael Weaver – Bankruptcy and Creditors’ Right. Adam Artigliere – Residential Real Estate; Commercial Real Estate. Pam Baker – Environmental. Jennifer Blumenthal – Banking and Finance. Michael Burns – Government. Liz Crum – Healthcare.

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BN Lawyers

OCTOBER 23, 2020

Originally founded in 1993, the National Creditor Bar Association is dedicated to serving law firms engaged in the practice of creditors rights law. The firm’s Bankruptcy and Recovery Practice Group represents debtors, committees, trustees, and creditors in and out of bankruptcy court.

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Burr Forman

JANUARY 7, 2022

From Burr & Forman’s Jacksonville office: Armando Nozzolillo is a member of the firm’s Creditors’ Rights and Bankruptcy practice group. About Burr & Forman LLP.

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Jimerson Firm

JANUARY 27, 2021

4) Collection of the loan balance is not barred by a valid legal defense, such as discharge in bankruptcy or the statute of limitations; (5) The borrower has not engaged in fraud, misrepresentation, or other financial misconduct; and. (6) illness), paying it would cause financial hardship. (4)

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The Creditors Rights

AUGUST 16, 2016

2016) should give pause to all buyers of assets from bankruptcy estates. The question in this particular situation was whether the sale was free and clear of claims purchased by consumers prior to the bankruptcy filing and which had a defective ignition switch. An appeal was certified directly to the Second Circuit.

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The Creditors Rights

JUNE 7, 2016

Many lenders attempt to render their borrower bankruptcy remote by requiring the borrower to have on its board a director, known as a “blocking director,” whose consent is required for any bankruptcy filing. If they don’t, a lack of the blocking director’s consent may not prevent the borrower from filing bankruptcy. 899 (Bankr.

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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.” 443 (2007).

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The Creditors Rights

AUGUST 30, 2016

Neff then filed his third bankruptcy case, a chapter 7 proceeding, more than one year following the recording of the quit-claim deed. The court stated: “At the core of the Bankruptcy Code are the twin goals of ensuring an equitable distribution of the debtor’s assets to his creditors and giving the debtor a fresh start.”

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Jimerson Firm

DECEMBER 30, 2020

Essentially, a workout agreement restructures the material terms and conditions of the SBA loan in order to: avoid actions such as foreclosure or bankruptcy; allows the borrower to cure the default and improve their ability to repay the loan; and enables the lender or CDC to maximize their recovery on the loan. SOP 50 57 ; SOP 50 55.

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The Creditors Rights

JUNE 21, 2016

Section 523(a)(2)(A) of the Bankruptcy Code allows a creditor to obtain a judgment denying its debtor a discharge of debts incurred by false pretenses or actual fraud. Husky sued Ritz under a Texas statute which allows creditors to hold shareholders responsible for corporate debts under circumstances involving actual fraud.

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Burr Forman

SEPTEMBER 29, 2021

Future Stars: Erich Durlacher , Atlanta – Creditors’ Rights and Bankruptcy. John Coleman III , Birmingham – Labor and Employment. Marcel Debruge , Birmingham – Labor and Employment. Henrietta Golding , Myrtle Beach – Labor and Employment. About Benchmark Litigation.

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Jimerson Firm

OCTOBER 9, 2020

Defendant has filed a Chapter Petition under the Federal Bankruptcy Code; e. Defendant has entered into a contract to sell the property that is the subject of this matter and plaintiff wants to give the defendant an opportunity to consummate the sale and pay off the debt that is due and owing to plaintiff; d.

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The Creditors Rights

MARCH 15, 2016

Congress enacted § 1328(f) of the Bankruptcy Code when its passed BAPCPA. For some unknown reason, HSBC never responded to the debtors’ objection, and the bankruptcy court entered an order disallowing HSBC’s secured claim. The Ninth Circuit in In the Matter of Blendheim , 803 F.3d 3d 477 (9 th Cir.   [1] In re Shelton , 735 F.3d

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Jimerson Firm

JULY 30, 2020

For example, when a borrower becomes insolvent or files for bankruptcy, the lender can still attempt to mitigate its damages by seeking to recover all or a portion of its damages from the guarantor. See, e.g. , Guirlinger v. Goldome Realty Credit Corp., 2d 1135, 1136 (Fla.

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Jimerson Firm

SEPTEMBER 22, 2020

does not apply to hotel revenues stems from a line of bankruptcy cases decided in the early 1990s. However, recently, the Fourth DCA in Seaspray Resort, Ltd v. 3d 333, 335 (Fla. 4th DCA 2018) recognized that the idea that Section 697.07

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Burr Forman

OCTOBER 8, 2020

Erich Durlacher – Creditors’ Rights & Bankruptcy – Atlanta. Rik Tozzi – Financial Services Litigation, Insurance, International Arbitration, Securities Litigation, General Commercial Litigation, Competition/Antitrust, Professional Liability – Birmingham. Future Stars. Erik Doerring – Corporate and Tax – Columbia.

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Consumer Financial Services Law

AUGUST 30, 2016

Professional firms in all industries saw a new “normal” come to life and creditors rights attorneys and their firms were no exception. Mark is a one of NARCA’s speakers on many of the creditor’s rights issues impacting NARCA members. NARCA's values are: Professional, Ethical, Responsible.

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Burr Forman

NOVEMBER 19, 2021

Cicero, III joins the Creditors’ Rights & Bankruptcy practice group. She earned her undergraduate degree from Huntington College and her law degree from the Samford University Cumberland School of Law. Jackson Freese joins the Torts & Products Liability practice group.

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Jimerson Firm

AUGUST 7, 2020

Importantly, the Act gives the court a new power to, similar to as in bankruptcy proceedings, stay certain actions to enforce claims against receivership property. 714.14, Fla.

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Jimerson Firm

MAY 19, 2021

For example, if the court entered a final judgment of foreclosure after the borrower filed a petition for bankruptcy in federal court, the judgment will be void and therefore, must be set aside. Citibank, N.A. Unknown Heirs , 197 So. 3d 1214, 1215 (Fla.

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NACM

DECEMBER 23, 2022

? On today's episode of the Extra Credit #podcast, we take a look at how Subchapter V bankruptcy filings dilute a creditor's rights.? Hear advice from the experts, Jason Torf and Lynnette Warman!

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ABI

FEBRUARY 26, 2025

Johns University School of Law American Bankruptcy Institute Law Review Staff In In re SVB Fin. 5] In turn, Financial Group filed for chapter 11 bankruptcy on March 17, 2023. [6] 5] In turn, Financial Group filed for chapter 11 bankruptcy on March 17, 2023. [6] Hanting Wang St. The FDIC did not timely file a proof of claim. [7]

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