Peter Veiguela

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So far has created 6 blog entries.

MAJOR UPDATE TO BANKRUPTCY FORMS EFFECTIVE DECEMBER 1, 2015

On December 1, 2015, the Official Forms for use in bankruptcy courts will be updated. The changes were made as part of a forms modernization effort. Almost all of the Official Forms are being updated, including the bankruptcy petition, schedules, and statement of financial affairs, as well as the proof of claim form (formerly Form B 10) used to assert a creditor’s claim in a bankruptcy case.
By |November 25th, 2015|Business, Events|

CALIFORNIA UPHOLDS CONTROVERSIAL ARBITRATION CLAUSE IN A CONSUMER CONTRACT

After two lower courts had ruled that an arbitration clause in a consumer contract was unconscionable, the California Supreme Court reversed in a recent ruling, finding the clause was enforceable in Sanchez v. Valencia Holding Co., LLC., 61 Cal.4th 899 (2015).
By |November 24th, 2015|Business, Recent Decisions|

9TH CIRCUIT UPHOLDS LIEN STRIPPING FOR “CHAPTER 20” DEBTORS

A recent decision by the Ninth Circuit has upheld the right of so-called “Chapter 20” debtors to avail themselves of the mechanism of lien avoidance.  The case is In re Blendheim, 803 F.3d 477 (2015).
By |November 23rd, 2015|Business, Recent Decisions|

U.S. BUSINESS BORROWING FOR EQUIPMENT FALLS IN OCTOBER 2015

U.S. companies' borrowing to spend on capital investment fell in October 2015, trade association Equipment Leasing and Finance Association (ELFA) said.
By |November 22nd, 2015|Business|

U.S. Senator Introduces Bill to Add Debt Buyers to Jurisdiction of the FDCPA

On Nov. 5, 2015, U.S. Senator Cory Booker introduced S.2255, the “Stop Debt Collection Abuse Act of 2015.” Though primarily targeted toward debt collectors collecting on obligations owed to the federal government, the bill also brings debt buyers into the FDCPA definition of “debt collector.” The bill has been assigned to the Senate Banking Committee.
By |November 12th, 2015|Business, Legislation|

SETTLEMENT AGREEMENT’S DELAYED PAYMENT PROVISION DEFEATS SECTION 547(C)(1) DEFENSE.

The debtor settled with a customer by agreeing to accept a return of goods and in exchange to pay the bank’s lien and a settlement payment to the customer “no sooner than 15 days after [debtor] receives the lien waiver confirming” the bank’s lien release.
By |November 10th, 2015|Business, Recent Decisions|