Forum Shopping in Bankruptcy can backfire.
The NRA’s former advertising agency, Ackerman McQueen Inc., has said it thinks the gun group’s Chapter 11 case will be thrown out of Bankruptcy Court on the grounds it was filed in bad faith, WSJ Pro Bankruptcy recently reported.
The comments came in papers Ackerman McQueen filed in Texas, where it is embroiled in litigation with the NRA in a multipronged dispute stemming from the acrimonious end in 2019 of the agency’s decades long relationship with the gun-rights group.
“The objectives of the reorganization plan are to utilize the bankruptcy code to continue streamlining costs and ...
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Six Common Fraud Schemes and How To Avoid Them
Our hunkering down during the Covid crisis has made us a sitting target to scams. Here are a couple of common ones and tips on how to handle them
Tech support scam
You may get a call alerting you to a problem with your computer, or a message may pop up on the screen saying your computer is infected with a virus. If you follow the instructions of the caller or the screen message, your computer may be taken hostage and your personal information stolen. You are then asked to pay a fee to restore access to your computer or data.
What to do:
Prevention is the best medicine. Don't click pop-up ads or attachments from unknown senders. ...
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Post Discharge Prosecution of a Foreclosure Action Is Not a Stay Violation
While not exactly a sexy topic, there is a growing body of case law regarding what constitutes a creditor violation of the discharge injunction imposed under 11 U.S.C. Section 524 in a Chapter 7 case.
In a recent case decided by Chief Judge Alan Trust in the EDNY, Judge Trust clarified and distinguished a creditor's post-discharge rights when a mortgage debt is discharged in bankruptcy and the remedies that are still available to the creditor under applicable State Law.
A mortgage, in its simplest form, is a pledge of a property to guarantee the payment of a debt. When a mortgagor files Chapter 7 bankruptcy, the underlying personal ...
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NY Catholic Dioceses Bankruptcies Place Abuse Claims in Limbo
New York-based Roman Catholic dioceses that filed for Chapter 11 protection to address child sex abuse lawsuits are fueling tensions by asking Bankruptcy Courts for a victims’ claim filing window that’s shorter than what survivors were given under a recently enacted state law.
New York’s Child Victims Act, signed into law by Gov. Andrew Cuomo (D) in 2019, has spurred a flood of abuse lawsuits against the church and other organizations. Victims have filed more than 4,800 lawsuits against alleged abusers and institutions that harbored or concealed them, state court records show. Four of New York’s eight local dioceses — Syracuse, Rochester, ...
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Credit Counseling Requirement Is Not Serving Its Original Purpose
When the Bankruptcy laws were overhauled in 2005, the new law mandated that all individual debtors (with certain limited exceptions) complete two counseling sessions - one prior to filing (Pre-Bankruptcy Credit Counseling) and a Debtor Education Session prior to the issuance of a discharge.
Legend has it that Bush 43 thought that if someone spoke to a credit counselor prior to filing bankruptcy, it would dissuade them from filing - NOT!
All this has done is to lay on another expense (usually between $45-75 per case) and filled the pockets of about 100 companies throughout the country that won the lottery with the DOJ.
Any amendment ...
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Taxi Drivers Will Not Be Getting Any Relief From NYC
From time to time, this issue comes up in discussions with the NYC Taxi Drivers that I have worked with over the past four years.
Unfortunately taxi drivers comprise too small a population to even be considered for any pandemic relief other than unemployment and PUA.
You have to take a close look at the numbers. There are roughly 13,000 medallions issued by the NYC TLC. When you take into account the owners of large fleets, at the peak of the market in 2015-6, there were well less than 10,000 "owners" of NYC medallions. Of the 10,000 individual medallions owners, at least 3-4,000 have already surrendered their medallions to lenders ...
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Brookings Reports That The Economy Is Not Necessarily Strong
On the face of it, the economy seems to be doing pretty well, with unemployment rates near or at record lows, but that's far from the full story. The truth is there remains a vast segment of workers today who are earning low wages that leaves them and their families at risk.
When I speak with economic researchers, which I do periodically, this is something that seldom comes up. We habitually underestimate how prevalent this truly is.
A new report from the Brookings Institute shows that 53 million Americans - 44% of all workers aged 18-64-- have low-wage jobs. This significant portion of the nation’s labor force is earning median hourly ...
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Consumer Debt On Pace to Hit $4 Trillion by December 31st
Here’s an unsettling number as you gear up for holiday shopping: consumer debt is on pace to hit $4 trillion by the end of 2018. In fact, in just the past five years, consumer debt has gone up by $1 trillion.
Taking a closer look at the breakdown for borrowers: $1.04 trillion is revolving or credit card debt, which has jumped 22% since 2013, and $2.9 trillion in non-revolving debt, which includes student and auto loans, jumping 30% in the past five years. (Mortgage debt is not included in this number.
Based on the rate of holiday spending reported in these past few weeks alone, LendingTree analysts expect credit card balances to grow by at ...
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Five Bad Financial Habits That Are Signs of Trouble
Good financial habits don't just happen. Like washboard abs, most people have to work to develop them.
Racking up monthly charges on your credit cards without paying off the balance is a common bad financial habit. Not reviewing credit card statements is another.
But other, more subtle behaviors can be tipoffs to a disorganized financial life.
Getting caught with a late fee because you lost or forgot about a bill points to a too-loose approach to finances. Avoiding financial decisions because you don't know enough is another warning bell.
Sometimes an otherwise good financial decision – such as making extra mortgage payments – ...
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Decrease in Real Estate Inventory Now Driving Home Prices
While many people still think that the last housing crisis in the United States was largely due to banks offering too many subprime mortgages, it's now clear that wasn't actually the case. Instead, recent research pins the blame on house flippers and speculators, who pumped markets up, then defaulted in large numbers when they were unable to turn a profit on their investment properties.
Now, however, a different set of circumstances entirely looks poised cause a different type of housing crisis.
Since the real estate market crash took the wind out of the construction boom of the 2000s, fewer homes are being built per U.S. household than ...
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