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Undisputed Facts in Your Debt Collection Case? Think Summary Judgment.

FFGN COLLECT NY

Whether the defenses raised by the debtor are valid or not, a debtor defending a debt collection case can delay collection. A debtor can buy themselves time just by filing an answer to the summons and complaint. The court granted a summary judgment to our client without the need to proceed to trial.

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Bankruptcy Court Won’t Dabble in Case Concerning a Marijuana Business

PBWT

“[E]nsnared between his involvement in a business that is legal under the laws of Arizona but illegal under federal law,” one debtor’s chapter 13 petition was recently dismissed due to his undisputed violations of the Controlled Substances Act. ” Facing significant debt, Mayer filed a chapter 13 petition in the U.S.

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New Court Ruling on Whether Avoidance Powers Require Benefit to Creditors

PBWT

The Bankruptcy Code grants the power to avoid certain transactions to a bankruptcy trustee or debtor-in-possession. Glove, Inc. (“Plaintiff”) is a manufacturer of gymnastic grips and wrist supports. Plaintiff moved for summary judgment on this issue in April 2021. See, e.g., 11 U.S.C. §§ Glove, Inc. ,

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Supreme Court Expands Creditors’ by Allowing Denial of a Discharge Under Sec. 523(a)(2)(A) if Debtor Transfers Assets in Violation of State Fraudulent Transfer Statute

The Creditors Rights

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. Chrysalis Manufacturing Corp. The Court further noted that fraudulent conveyances at common law did not require a misrepresentation by a debtor to his creditor.

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Debt Collection Settlements: Can Parties Include Terms for Future Deals

FFGN COLLECT NY

This happens with clients in all industries, but we find it especially common in specialty chemical clients in situations where the debtors rely on the products they’ve been cut off from due to non-payment. The debtor may allege their business can not survive without the creditor’s product. Each got what they wanted.

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Burr & Forman Names Eight New Partners Across Five Offices

Burr Forman

Meryl Cowan is a member of the firm’s Labor & Employment group where she represents employers, manufacturers, and companies in all aspects of general employment, labor, and employment discrimination law. About Burr & Forman LLP.