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A construction project to a screeching halt when a property owner files for bankruptcy, creating a serious risk of substantial losses for the contractor, as well as subcontractors and suppliers. The list of creditors receiving the Notice should include the general contractor of an incomplete construction project. See 11 U.S.C. §
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. We Domesticate Foreign Judgments in Massachusetts. With us, the Law Offices of Alan M.
Legal Tools Growingbut Limited More than 70% of B2B debt lawsuits result in default judgments, but only half of those are successfully enforced. Creditors increasingly rely on court action for high-balance debts, but delays and debtor insolvency remain obstacles.
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.
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?
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”).
If you’re owed money by a bankrupt debtor, you likely have to file a claim. The only instance when you would not have to file a claim for money you are owed is if your claim is accurately reflected on the debtor’s schedules (which must be filed shortly after a case is filed) and is not listed as disputed, contingent or unliquidated.
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. That’s the painful lesson U.S. Bankruptcy Judge Karen B. in her recent decision. 21, 2021, Bankr.
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. §
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.
Improper billing is very common across all industries–whether it’s medical, construction, insurance, or other. As such, unless the debtor agrees, you could not maintain an action to recover for the goods and/or services. The clients are out of business, judgment proof. Improper Billing. Bad Accounts Receivable.
In In re Hamilton-Gaertner , a North Carolina Bankruptcy Court found that the debtor’s proposed Chapter 11 plan satisfied the good faith requirement of section 1129(a)(3) of the Bankruptcy Code, despite certain expenses typically indicative of bad faith. [1] 1] The debtor was a physician who earned approximately $400,000 per year. [2]
After pleadings closed, the district court granted the debt collector’s motion for judgment on the pleadings concluding that Section 1692f(8) should be read to include a “benign language” exception, relying upon 2004 decisions from the Fifth and Eighth Circuits. American Collections Enter., 3d 488, 493 (5 th Cir.
Communications with the consumer’s attorney, a creditor or its attorney, the debt collector’s attorney, or a consumer reporting agency are permissible, as are certain communications with third parties to locate a consumer or those required by a court or court judgment. ” Plaintiff’s Allegations.
This legislation prohibits judgment creditors from initiating new “extraordinary” collection actions, including garnishment, attachment, levies, or execution. Debtors must notify creditors if they are facing financial hardship due to COVID-19, but no additional documentation is required for protection.
Anderson ( In re McKee ), the United States Court of Appeals for the Ninth Circuit (the Court) upheld a denial of a homestead exemption because the Debtor had no intention of returning to the home, even though the Debtor contended that returning was impossible given abuse from her former partner. [1] 23] First, in Moss v. 2] See id.
LLC ), the United States Court of Appeals for the Ninth Circuit found that thepresumption that a debtor has the requisite mens rea the intent to defraud his creditorswas properly inferred from the mere fact that he operated a business entity that met the objective elements of a Ponzi scheme. [1] Rund ( In re Epd Inv. 1] Jerrold S.
Federal district courts, with the consent of the parties, are authorized by statute to refer “civil matter[s]” to magistrate judges for the purpose of conducting all proceedings and entering a judgment in the litigation. Supreme Court have jurisdiction to hear appeals of orders or judgments issued by lower courts. 4th 471 (5th Cir.
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