By Selwyn D. Whitehead, Esq. Because inquiring minds need to know; below is a discussion of the Johnson Publishing Company, LLC’s Chapter 7 Liquidation Bankruptcy, Case No. 19-10236, which was filed in the United States Bankruptcy Court for the Northern District of Illinois, Eastern Division in Chicago on April 9, 2019, and its week-long auction from July 22-24, 2019. Here's...
From the Editor’s Desk – Eligibility and Debtor’s Standing
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By The Honorable William Houston Brown (Retired)
Debtors can pursue non-bankruptcy cause of action. Distinguishing Chapter 7 and 13 cases, the Chapter 13 debtors could pursue a prepetition cause of action on behalf of the bankruptcy estate, since the debtors remained in possession of property of the estate under § 1303. However, the debtors’ cause of action under the Fair Debt Collection Practices Act was subject to summary judgment; the defendant’s repossession efforts as to a truck did not violate 15 U.S.C. § 1692f(6). Hayes v. Find Track Locate, Inc., ___ . . .
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