In the Red

AUGUST 2, 2018

The twists and turns of the In re Tempnology LLC bankruptcy case have been a frequent subject on this blog for good reason. The case addresses whether a trademark licensee, whose licensor files bankruptcy and rejects the license agreement, retains any rights to use the trademark — or instead is out of luck. A Wild Ride.

Bankruptcy 100

Bankruptcy Debtor Manufacturing Trade 100

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.

Bankruptcy 100

Bankruptcy Debtor Manufacturing Construction 100

In the Red

FEBRUARY 13, 2019

What is the effect of rejection of a trademark license by a debtor-licensor? The case has gone from the bankruptcy court , to the Bankruptcy Appellate Panel , and then to the First Circuit. On appeal, the First Circuit Bankruptcy Appellate Panel reversed, following Sunbeam and not Lubrizol. The Big Question.

Bankruptcy 100

Bankruptcy Debtor Manufacturing Trade 100

PDC Flow

FEBRUARY 27, 2025

Call baiting is when the debtor attempts to trick you into breaking a law. But more specifically, there are a few different reasons a debtor may engage in call baiting. The aim of such a settlement would be to cause the agency to agree to remove items from the debtors credit report. But what are they baiting the agent to do?

Collections 52

Collections Debt collector Debtor Fair Debt Collection 52

In the Red

FEBRUARY 20, 2019

However, for quick reference, this is the question presented: 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. During an hour-long oral argument, the Justices raised questions about a number of bankruptcy and trademark law issues.

Bankruptcy 100

Bankruptcy Debtor Trade 100

PBWT

MARCH 2, 2021

. – a North Carolina-based department store chain – and its affiliates filed voluntary petitions under Chapter 11 of the Bankruptcy Code. Less than 24 hours later, Bankruptcy Judge Marvin Isgur of the United States Bankruptcy Court for the Southern District of Texas entered an order confirming Belk’s Chapter 11 plan.

Bankruptcy 65

Bankruptcy Debtor Creditors Trade 65

Sawin & Shea

JULY 13, 2022

The majority of people in Indiana who have thought about declaring bankruptcy likely already know how challenging it is to get student loans erased. Although it is not impossible, debtors normally need to pass the Brunner test, which establishes that repaying the student loans will put them in an unreasonably difficult position.

Student loans 52

Student loans Student Loans Bankruptcy Chapter 7 bankruptcy 52

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

ABI

JANUARY 22, 2023

John's University School of Law American Bankruptcy Institute Law Review Staff In In re PG&E Corp. , the United States Court of Appeals for the Ninth Circuit held that solvent-debtors are required to pay unimpaired creditors their bargained for post-petition interest rate. [1] 1] In January 2019, PG&E Corp.

Debtor 40

Debtor Bankruptcy Creditors Unsecured Creditor 40

UK debt collections

FEBRUARY 21, 2024

Debt ridden TV celebrity Katie Price has been hit by another devastating blow amid her battle with bankruptcy, as her beloved horse has reportedly been taken away by bailiffs. Court paperwork said: ‘The debtor is justly and truly indebted to us in the aggregate sum of £761,994.05.’

Bankruptcy 93

Bankruptcy Debtor Trade Collections 93

ABI

JANUARY 25, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Section 363 of title 11 of the United States Code (the “Bankruptcy Code”) allows a debtor to sell its bankruptcy assets free and clear of liens and interests only if certain circumstances are met. [1] Jae Hwang St. 22] [1] See 11 U.S.C. §

Debtor 40

Debtor Bankruptcy Judgment Trade 40

Collection Industry News

DECEMBER 17, 2022

The number of bankruptcy filings by private equity-backed companies in the U.S. Forty-nine private equity portfolio companies have filed for bankruptcy in 2022, representing 6.6% Of the portfolio companies that filed for bankruptcy in 2022, 38 are restructuring, six have liquidated and the remaining five are still operating.

Bankruptcy 40

Bankruptcy Lender Healthcare Debtor 40

UK debt collections

NOVEMBER 16, 2023

The personal insolvencies consisted of 703 bankruptcies, 3,245 debt relief orders (DROs) and 5,933 individual voluntary arrangements (IVAs). DRO and bankruptcy numbers were higher than last year, with DROs in October 2023 being 71% higher than in October 2022, although the number of bankruptcies remained well below pre-2020 levels.

Bankruptcy 59

Bankruptcy Debtor Unsecured Debt Repossession 59

UK debt collections

JUNE 8, 2022

The letters also warn of further debt collection costs, high court orders and even bankruptcy. Guidelines on debt recovery letter phrasing warn against using “potentially misleading” words such as “enforcement” in trading names so as not to deceive debtors.

Collections 75

Collections Collections Agency Collection Agencies Collection Agent 75

PBWT

SEPTEMBER 1, 2020

1] Though limited to an explication of Section 1129(b)(1)’s prohibition on unfair discrimination against a class of dissenting creditors, Judge Ambro’s “rough justice” remark will echo in all areas of bankruptcy law among practitioners who prioritize pragmatism over perfectionism. should benefit from. subordination.”

Bankruptcy 65

Bankruptcy Creditors Unsecured Creditor Trade 65

BN Lawyers

SEPTEMBER 25, 2019

A fundamental rule in bankruptcy proceedings is that prepetition claims are not paid without a plan or separate order of the bankruptcy court. Orders allowing payment of prepetition claims prior to the payments approved by a bankruptcy plan are very rare. Basis For Critical Vendor Treatment. Texas’s Three-Part Test.

Bankruptcy 40

Bankruptcy Debtor Creditors Trade 40

CICM

OCTOBER 6, 2023

It is often used as an alternative to liquidation or bankruptcy and aims to rescue the company as a going concern or achieve a better outcome for creditors than an immediate liquidation would. It is a form of insolvency that involves a court-supervised process aimed at helping the debtor to manage their debts and repay their creditors.

Creditors 52

Creditors Debtor Bankruptcy Credit Management 52

PBWT

JUNE 23, 2020

and most of its affiliates filed for bankruptcy on May 22, 2020. This was just one corporate failure among many in the midst of the COVID-19 pandemic; but, a novel strategy by Hertz to raise capital to fund its bankruptcy has raised eyebrows instead. per share the first trading day after the bankruptcy case was filed.

Debtor 40

Debtor Bankruptcy Retail Trade 40

ABI

JANUARY 26, 2023

John’s University School of Law American Bankruptcy Institute Law Review Staff In In re Gordos Restaurant Corp. , John’s University School of Law American Bankruptcy Institute Law Review Staff In In re Gordos Restaurant Corp. , 5] Subsequently, the Debtor ceased operation in its original location. [6]

Bankruptcy 40

Bankruptcy Debtor Trade Judgment 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. Elizabeth Davis – Environmental Law. Logan Hinkle – Corporate Law. Greenville.

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. Elizabeth Davis – Environmental Law. Logan Hinkle – Corporate Law. Greenville.

Lawyers 40

Lawyers Construction Acquisition Bankruptcy 40

Taurus Collect

JANUARY 10, 2024

The key objective of these rules is to ensure fair play between the creditor and the debtor, preventing any kind of harassment without compromising the debt recovery process. The Fair Trading Act : This law prevents businesses from using unfair tactics when they are collecting debts.

Collections 52

Collections Debtor Collections Agency Debt Recovery 52

ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff In large bankruptcy cases, 28 U.S.C. § Bankruptcy Court for the Southern District of New York held that a claims agent retained under 28 U.S.C. § 2] During bankruptcy proceedings, Madison Square Boys & Girls Club, Inc. . §

Bankruptcy 40

Bankruptcy Debtor Trade Collections 40

ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Endo Pharmaceuticals (“Endo”) develops, manufactures, markets, and distributes prescription pharmaceutical products. Endo filed a notice of suggestion of bankruptcy and automatic stay of proceedings in the D.C. Kathleen Gatti St. 362(b)(4). [12]

Bankruptcy 40

Bankruptcy Manufacturing Debtor Government 40

Burt and Associates

SEPTEMBER 23, 2024

Congressional findings and declaration of purpose Congress found that abusive debt collection practices harm consumers, causing personal bankruptcies and other negative social impacts. Administrative enforcement Federal Trade Commission (FTC) and other federal agencies are responsible for enforcing the FDCPA regulations.

Fair Debt Collection 52

Fair Debt Collection Debt collector Collections Debt Recovery 52

Burt and Associates

SEPTEMBER 23, 2024

Congressional findings and declaration of purpose Congress found that abusive debt collection practices harm consumers, causing personal bankruptcies and other negative social impacts. Administrative enforcement Federal Trade Commission (FTC) and other federal agencies are responsible for enforcing the FDCPA regulations.

Fair Debt Collection 52

Fair Debt Collection Debt collector Collections Debt Recovery 52

CICM

NOVEMBER 29, 2022

If we compare them to August 2019 stats to reflect on a pre-pandemic scenario, they are up by some 42%, although bankruptcies are 58% lower. Petition for bankruptcy or winding up of a company. However, a petition may cause the following issues: It is likely to sever any potential future trade with the debtor. Debt Claim.

Bankruptcy 40

Bankruptcy Banks Debtor Credit Management 40

Debt Guru

JANUARY 27, 2021

A debt management plan (DMP) is an agreement between a debtor (that’s you, the person in debt) and a creditor (think: your bank or your credit card company) that tackles your outstanding debt. Bankruptcy can be a potential option when you’re totally overwhelmed by your debt. How do I choose a debt management agency?

Debt Management 52

Debt Management Unsecured Debt Debt Consolidation Creditors 52

ABI

JANUARY 23, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff The Bankruptcy Court for the Southern District of New York was presented with two issues related to a subpoena target’s refusal to comply in In re Three Arrows Capital, Ltd. Tayler Eynon St. 2] Three Arrows Capital, Ltd. 2] Three Arrows Capital, Ltd. (“the

Bankruptcy 40

Bankruptcy Debtor Trade Judgment 40

Collection Industry News

FEBRUARY 21, 2022

You can find a certified credit counselor through trade groups like the National Foundation for Credit Counseling (NFCC) or the Financial Counseling Association of America (FCAA). BANKRUPTCY FILINGS CONTINUE TO DECLINE DESPITE SKYROCKETING CREDIT BALANCES. BEST CREDIT CARD CONSOLIDATION LOANS. Balance transfer cards.

Credit Card Debt 52

Credit Card Debt Credit Counselor Debt Consolidation Personal loans 52

Credit Corp

MAY 3, 2023

According to the Federal Trade Commission , around 25% of people have errors on their report that could affect their credit score. It may even appear twice on the report from the original debtor and the debt collector. However, bankruptcies can remain on your account for up to 10 years.

Creditors 68

Creditors Bankruptcy Original Creditor Debt collector 68

Collection Industry News

SEPTEMBER 2, 2024

Congressional findings and declaration of purpose Congress found that abusive debt collection practices harm consumers, causing personal bankruptcies and other negative social impacts. Administrative enforcement Federal Trade Commission (FTC) and other federal agencies are responsible for enforcing the FDCPA regulations.

Fair Debt Collection 40

Fair Debt Collection Debt collector Collections Acquisition 40

AGA

OCTOBER 19, 2018

Trade references. Right to verify data on application from external sources (banks, trade references, credit bureaus, etc.). As a contract it specifies the rights and obligations of both the buyer and seller or debtor and creditor. At least three trade credit references should be contacted and all of their banks.

Collections Agency 40

Collections Agency Collection Agencies Trade Collections 40

Collection Industry News

MAY 3, 2021

Supreme Court to provide a uniform, nationwide standard for what debtors must prove to eliminate student loan debt in bankruptcy. Wiping out student loan debt through bankruptcy is exceedingly difficult. Bankruptcy law is supposed to be uniform, yet courts’ interpretations of the undue hardship standard is anything but.

Student loans 40

Student loans Student Loans Debtor Loans 40

ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff In the U.S. Bankruptcy Code, there are various provisions that allow debtors and trustees to avoid certain types of prepetition transfers. [1] 3] In BMO Harris Bank v. 3] In BMO Harris Bank v. million to BMO (“the Transfer”). [9]

Bankruptcy 40

Bankruptcy Financial Institution Loans Banks 40

Collection Industry News

JUNE 14, 2021

Here are snapshots of some cases against debt collectors that the State Attorney General’s Office, Federal Trade Commission and other law enforcement agencies have pursued in the past decade. Two years later, the state and Federal Trade Commission fined him $112,000 after he was accused of using lies and threats to unlawfully collect $8.7

Debt collector 40

Debt collector Judgment Collections Collection Companies 40

Collection Industry News

JANUARY 13, 2025

They say the chains tactics drained their bank accounts, ruined their credit and, in some cases, helped push them into bankruptcy. The industry trade journal Beckers Hospital Review recently elevated Advocate to No 4 on itsrankings of the nations largest hospital chains, up from No 7 earlier this year. Some felt helpless.

Healthcare 40

Healthcare Judgment Government Garnishment 40