In the case of In re: McIntosh, a debt purchaser’s assertion that it was entitled to enforce a debt not correctly listed on the debtor’s bankruptcy schedules was met with significant pushback from the U.S. Bankruptcy Court...more
6/7/2024
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 7 ,
Consumer Bankruptcy ,
Creditors ,
Debt ,
Debt Buyers ,
Debt Collectors ,
Debtors ,
Due Diligence ,
Financial Services Industry
What happens to funds recovered by the trustee after the final plan payment is made in a chapter 13 case? According to the U.S. Bankruptcy Court for the District of Iowa, absent a plan provision providing otherwise, those...more
2/16/2024
/ Asset Management ,
Bankruptcy Code ,
Bankruptcy Court ,
Borrowers ,
Chapter 13 ,
Creditors ,
Debtors ,
Lenders ,
Source of Funds ,
Trust Distributions ,
Trustees
The debt purchaser in In re McIntosh argued that because it was enforcing a debt that was not listed correctly on the debtor’s bankruptcy schedules, it was entitled to assume the debt had not been discharged. The U.S....more
1/30/2024
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 7 ,
Credit Cards ,
Creditors ,
Debt ,
Debt Buyers ,
Debt Collection ,
debt-buy ,
Debtors ,
Financial Services Industry ,
Florida ,
Motion for Sanctions ,
PACER
On January 2, the Consumer Financial Protection Bureau (CFPB) filed an amicus curiae brief urging the U.S. Court of Appeals for the First Circuit to reverse a district court’s decision finding that a debt collector lacked the...more
1/23/2024
/ Amicus Briefs ,
Automatic Stay ,
Bankruptcy Code ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Creditors ,
Debt ,
Debt Collection ,
Debt Collectors ,
FDCPA ,
Financial Regulatory Reform ,
Financial Services Industry ,
Scienter ,
Statutory Violations
Suppose you are a lender or credit provider to California consumers.
At the start of the pandemic, one of your customers runs up $50,000 in debt and fails to pay. You obtain a judgment and secure it by recording an...more
On January 9, the Seventh Circuit overturned its own 39-year-old precedent to find that: (1) the definition of “transfer” for purposes of section 547 of the Bankruptcy Code depends on federal, not state, law; and (2) the date...more
On July 19, 2022, the Ninth Circuit Bankruptcy Appellate Panel ruled that a creditor’s proof of claim — while meeting the standard of the Bankruptcy Code — was insufficient to enforce the debt under state law and was...more
Please join Consumer Financial Services Partner Chris Willis and his colleagues Deborah Kovsky and Tom Tilton as they discuss new pending legislation — the Consumer Bankruptcy Reform Act — as well as the general, overall...more
An increasing number of businesses — even those that have traditionally been financially and operationally sound — are now experiencing unanticipated revenue losses as a result of the coronavirus pandemic. Companies may find...more
3/20/2020
/ Bankruptcy Code ,
Chapter 11 ,
Commercial Bankruptcy ,
Coronavirus/COVID-19 ,
Corporate Restructuring ,
Creditors ,
Debt Restructuring ,
Free and Clear Transactions ,
Furloughs ,
Liquidity ,
Personal Liability ,
Reorganizations ,
Sale of Assets ,
Vendors ,
WARN Act
A key tenet of reorganization under Chapter 11 is that if the debtor’s plan impairs creditors, at least some of those creditors must agree to the plan. More specifically, “if a class of claims is impaired under the plan, at...more