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. The section further provides that a debtors rejection of acontract under that authority constitutes a breach of suchcontract.

Bankruptcy 130

Bankruptcy Debtor Manufacturing Construction 130

UK debt collections

MARCH 24, 2022

A quarter of businesses (26%) say it now takes their customers more than 30 days to settle outstanding invoices, with debtors most commonly citing cashflow pressures (33%) and late payments from their own customers (28%) as their reasons for paying late. Contractor late payment is a stain that has long tarnished the construction industry.

Construction 83

Construction Banks Debtor Credit Management 83

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.

Collections 130

Collections Collection Agencies Collections Agency Construction 130

ABI

JANUARY 28, 2024

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. that, “in order to extend [a] stay to a non-debtor ‘[t]here must be actual.

Debtor 40

Debtor Construction Bankruptcy Judgment 40

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. The Makaha Valley project was meant to include two golf courses, a country club, and the development of individual plots surrounding the golf courses for residential construction.

Debtor 65

Debtor Construction Collateral Lender 65

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. Effect Of Rejection.

Bankruptcy 100

Bankruptcy Debtor Manufacturing Construction 100

ABI

JANUARY 13, 2021

ii] In In re Penobscot Valley Hospital , a bankruptcy court in Maine found that two hospitals could legally be denied federal assistance under the PPP because they were debtors in cases under chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”).

Debtor 40

Debtor Bankruptcy Loans Construction 40

Burr Forman

OCTOBER 20, 2021

Excerpt from the article: “There are two types of fraudulent transfers: actual fraudulent transfers, and constructive fraudulent transfers. ” To read more on this topic and learn about their five tips to guard against fraudulent transfer claims, click here to read the full article.

Banks 52

Banks Construction Debtor Creditors 52

Fraser

JUNE 25, 2020

The petition date is the date on which a debtor files a chapter 11 bankruptcy proceeding. The debtor is required to serve all known creditors with notice of the commencement of the chapter 11 case. In order to participate in the distribution of the debtor’s assets to satisfy pre-petition claims, a creditor must have a valid claim.

Creditors 72

Creditors Bankruptcy Unsecured Creditor Debtor 72

Fraser

JULY 21, 2020

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. The SBRA created a new “subchapter V” to Chapter 11 of the Bankruptcy Code , which provides small business debtors an easier path through bankruptcy.

Creditors 56

Creditors Bankruptcy Debtor Construction 56

PBWT

JANUARY 29, 2023

One way these debtors will bring value into their estates is through litigation. The actions are typically brought by a trustee or the debtor, though other parties may be appointed to bring the case as representatives of the estate. One type of avoidance claim is a fraudulent conveyance claim. However, intent is often hard to prove.

Bankruptcy 65

Bankruptcy Debtor Creditors Unsecured Creditor 65

PBWT

FEBRUARY 5, 2023

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.” the debtor operated a self-storage facility and hoped to develop the property into a retail plaza. ” Id.

Creditors 65

Creditors Bankruptcy Debtor Construction 65

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.

Bankruptcy 52

Bankruptcy Law Firms Debtor Construction 52

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.

Bankruptcy 65

Bankruptcy Debtor Creditors Repossession 65

PBWT

MAY 14, 2021

Some of the main objectives of chapter 15 include: (1) to freeze assets of the debtor pending the resolution of all applicable bankruptcy proceedings, (2) to increase legal certainty for trade and investment, (3) to promote the fair administration of cross-border insolvencies, and (4) to facilitate the rescue of financially troubled businesses.

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

Taurus Collect

MAY 12, 2024

It’s about mastering the art of communication, ensuring interactions are respectful, constructive, and aimed at finding mutual ground. Tailoring payment schedules to match the debtor’s capacity ensures that the repayment process is not only manageable but also maintains the dignity of those involved.

Debt Recovery 69

Debt Recovery Collections Collection Agencies Collections Agency 69

Burr Forman

JUNE 24, 2021

Troy Smith , Construction Litigation. Peter Vilmos , Construction Litigation. Robert Neilson , Creditor Debtor Rights. Greg Lunny , Business Litigation. Adrian Rust , Bankruptcy: Business. Ellsworth Summers, Jr. Bankruptcy: Business. Scott Thomas , Business Litigation. Eric Golden , Business Litigation. Rising Stars.

Lawyers 52

Lawyers Construction Bankruptcy Debtor 52

Collections Law

AUGUST 11, 2020

Cohen LLC, you don’t have to suffer from the stress and frustration that comes with the legwork involved in following up with debtors. You also don’t have to sit helplessly in the face of bad debts when your debtor fails to make payments. It’s the money that you have earned for the services and goods provided to the debtor.

Judgment 52

Judgment Debtor Construction Lawyers 52

Collections Law

JULY 1, 2020

You’ve tried everything in your power, but the debtor doesn’t respond or keeps making excuses to buy more time. A debtor who is unwilling to pay has to be pursued much more aggressively, and our diligent debt collection attorneys have the skills and knowledge to make this happen. Why Hire a Collections Attorney?

Mechanic’s Liens 52

Mechanic’s Liens Debt Recovery Collections Judgment 52

Qualco

SEPTEMBER 12, 2023

It also allows banks and servicers to assess the asset's status, such as whether it is completed or under construction, enabling them to take appropriate actions based on its market value. This categorisation is pivotal in effectively monitoring the collateral portfolio and ensuring consistent practices when performing valuation calculations.

Collateral 105

Collateral Financial Institution Collections Loans 105

Troutman Sanders

SEPTEMBER 12, 2022

The decision vacates a 2021 Southern District of New York ruling, which held that the lenders were not on constructive notice of the mistake and could rely on the discharge-for-value doctrine to retain the funds. Citibank administered a $1.8 billion loan to Revlon, Inc., funded by a group of lenders.

Lender 52

Lender Construction Loans Debtor 52

Jimerson Firm

DECEMBER 22, 2022

Florida courts have thus recognized that a creditor’s acceptance of payment results in an accord and satisfaction where the check itself or an accompanying writing expressly indicates that the check constitutes payment in full of the debtor’s obligations.

Debtor 52

Debtor Creditors Construction Trade 52

Fraser

SEPTEMBER 28, 2020

If you’re owed money by a bankrupt debtor, you likely have to file a claim. A creditor must take care to ensure that the claim amount listed on the debtor’s schedules is accurate and the claim is scheduled against the right debtor (in cases involving more than one debtor entity). Do You Have to File a Claim? Walton, Jr.’s

Bankruptcy 52

Bankruptcy Creditors Debtor Construction 52

PBWT

FEBRUARY 1, 2021

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. That’s the painful lesson U.S. Bankruptcy Judge Karen B.

Bankruptcy 59

Bankruptcy Construction Debtor Acquisition 59

FFGN COLLECT NY

JUNE 24, 2020

The debtor responds saying they will pay but again doesn’t. An account stated is a demand by a creditor to a debtor for all amounts owed from transactions between parties as of a certain date. The debtor promised to pay the amount stated. You fax the borrower a letter demanding payment of the $100,000.00 plus interest.

Debtor 52

Debtor Creditors Construction Collections 52

ABI

JANUARY 22, 2023

ii] Consequently, the designation of a debtor as a SARE may have significant ramifications in a case. million construction loan from Evertrust Bank (“Evertrust”) to build a hotel. [v] v] Because Evertrust refused to fund $4 million on the loan, The Source Hotel halted construction. [vi]

Bankruptcy 40

Bankruptcy Debtor Construction Foreclosure 40

ABI

JANUARY 19, 2024

In evaluating the Texas Business & Commerce Code and title 11 of the United States Code (the “Bankruptcy Code”), the United States Bankruptcy Court for the Southern District of Texas, in In Re Burts Construction, Inc., In 2017, Allegiance Bank loaned Burts Construction, Inc. the “Debtor”) $1.5 1] In re Burts Constr.,

Secured Creditor 40

Secured Creditor Bankruptcy Debtor Collateral 40

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. 11 U.S.C. §

Bankruptcy 40

Bankruptcy Chapter 13 bankruptcy Construction Debtor 40

UK debt collections

NOVEMBER 24, 2022

Those that have insurance in place can safeguard against this and ensure they have the support needed to legally and constructively navigate any issues that might arise.”. Absconded and unruly tenants make for difficult debtors. Paymentshield. The lower down the scale you go and the harder rent arrears become to collect.

Construction 59

Construction Debtor Collections 59

UK debt collections

JANUARY 6, 2023

over budget by the end of the current financial year, a situation worsening as construction costs rise and energy bills soar. General Debtors. Over 1 million pounds has been written off as uncollected debts by a council in Wales. Denbigh County Council predicted in December that it would be £2.1m Housing Benefits Overpayments.

Construction 59

Construction Debtor Collections 59

National Service Bureau

SEPTEMBER 2, 2015

This bill was introduced to the state senate in February of this year, and the crux is that if approved, debt collectors would be prohibited from using social media to contact debtors. Here’s what SB 3803 says: [Principal creditors or agents may not] “use a social networking website as a means to collect on a consumer claim from a debtor.

Collections 40

Collections Debt collector Debtor Collection Agencies 40

Collections Law

MAY 7, 2021

If you are in the construction industry and are providing labor or materials for labor for a given job or property, it is imperative that you are paid on time and in full. A mechanic’s lien puts your debtor and the world on notice that your serious and want to get paid. Don’t Delay — Contact the Law Offices of Alan M.

Mechanic’s Liens 52

Mechanic’s Liens Construction Lawyers Collections 52

Taurus Collect

SEPTEMBER 18, 2023

Drafting a Strong Debt Collection Letter A well-constructed debt collection letter should embody several key elements to ensure its effectiveness. Payment options: Provide clear and comprehensive information on how the debtor can make the payment. Offering multiple payment options can facilitate the process for the debtor.

Collections 52

Collections Debt Recovery Collection Agencies Collections Agency 52

Taurus Collect

JULY 29, 2024

Collection Techniques : What methods are you using to communicate with debtors? Friendly Follow-ups : Schedule phone calls to discuss outstanding debts in a constructive manner. Key Areas to Evaluate: Current Policies: Are your credit policies clear and accessible to customers?

Collections 69

Collections Startups Collection Agencies Collections Agency 69

Collections Law

NOVEMBER 9, 2020

If you are a contractor, subcontractor, or supplier of materials for construction jobs, you deserve proper compensation for your labor and/or materials. You will also need a property-specific notice of contact as a way of putting the world — and your debtor — on notice that you’re working on this contract which the Law Offices of Alan M.

Mechanic’s Liens 52

Mechanic’s Liens Debt Recovery Construction Contract Enforcement 52