News & Analysis as of September 22, 2024

Bankruptcy Court

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Consumer bankruptcy is a process to reduce or eliminate personal as opposed to business debts. Consumer bankruptcies can be filed under either Chapter 7 or Chapter 13 of the bankruptcy code. Debtors are... more +

Fla. Bankruptcy Ruling Is Cautionary Tale for Debt Collectors

Troutman Pepper on 6/7/2024

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

CFPB settles claims against operator of training program arising out of income share agreements

Ballard Spahr LLP on 12/1/2023

The CFPB recently announced the settlement of a bankruptcy court adversary proceeding filed jointly with the Attorneys General of 11 states against Prehired, LLC (Prehired) and two affiliated companies (Prehired Affiliates)...more

Are Funds Received as the Beneficiary of an IRA Property of the Estate in Bankruptcy?

Foster Swift Collins & Smith on 1/18/2021

When an individual files a Chapter 7 bankruptcy case, the debtor’s non-exempt assets become property of the estate that is used to pay creditors. “Property of the estate” is a defined term under the Bankruptcy Code, so a...more

Six Questions About Involuntary Bankruptcy

Bowditch & Dewey on 9/15/2020

Trying to collect money from someone who cannot or will not pay you is frustrating. That old chestnut about throwing good money after bad comes to mind. Placing an individual or firm (your “debtor”) into bankruptcy is a...more

Distressed Downloads - June 2015

Orrick, Herrington & Sutcliffe LLP on 6/22/2015

A Battle in the Making in the Oil and Gas Sector: Second Lien vs. High Yield Debt - In the oil and gas industry, there is a storm brewing between holders of second lien debt and unsecured high yield bonds. These...more

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