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Consumer Bankruptcy Law and Practice: 14.2.5.1 Generally

Regardless of whether a matter is or is not a core proceeding, it may still come to be heard initially in the district court. The bankruptcy jurisdictional provisions provide that after the initial referral to the bankruptcy court a bankruptcy proceeding, or even the bankruptcy case itself in whole or in part, may be withdrawn back to the district court.81 Withdrawal is discretionary in some cases and mandatory in others.

Consumer Bankruptcy Law and Practice: 14.2.6 Personal Injury and Wrongful Death Claims

A special exception to the broad categories of core proceedings was created by Congress for all personal injury tort and wrongful death claims against the debtor or the estate.98 The 1984 amendments, in a provision probably designed to curb manufacturers seeking refuge in bankruptcy from asbestos and other product liability claims, require all such claims to be tried either in the district court in which the bankruptcy case is pending or the district court where the claim arose, as determined by the district court in which the bankruptcy is pen

Consumer Bankruptcy Law and Practice: 15.5.5.7 Enforcement of the Discharge Protections

In almost every case in which the debtor’s discharge rights are being violated, it is wise to take some type of protective action. Even though a judgment obtained on a discharged debt is void,1041 that judgment could also cause illegal but harmful garnishment of the debtor’s wages or seizure of the debtor’s property. Thus, it is good practice to assert the protections of discharge as early as possible.

Consumer Bankruptcy Law and Practice: 14.3.1 Possibilities of a Fairer Result for the Consumer Client

Depending on the circumstances, the bankruptcy court may be a preferable forum for the litigation of many types of cases that involve consumer debtors. When the debtor is in bankruptcy and has a choice of forums, a number of factors should be considered. But even if a client is not in bankruptcy, the litigation advantages offered by the federal bankruptcy forum may be so great that they justify filing a bankruptcy petition even if it otherwise might not be needed.

Consumer Bankruptcy Law and Practice: 14.3.2.2 Service Requirements and Rule 7004

Another extremely helpful feature of bankruptcy litigation is that nationwide service of process is permitted and can be made by first class mail in most bankruptcy proceedings.142 However, an exception to the general right to serve by first class mail was created by the Bankruptcy Reform Act of 1994,143 which amended Federal Rule of Bankruptcy Procedure 7004 to provide that service of process on an insured depository institution in a contested matter or adversary proceeding must be made by cert

Access to Utility Service: B.2.1 Introduction

The following regulations concern the federal universal service program for low-income consumers. The regulations for all of the federal universal service programs are available online as companion material to this treatise.

Access to Utility Service: Listing of Provisions, Source, and Authority

TITLE 47—TELECOMMUNICATION

CHAPTER I—FEDERAL COMMUNICATIONS COMMISSION

SUBCHAPTER B—COMMON CARRIER SERVICES

PART 54—UNIVERSAL SERVICE

SUBPART C—CARRIERS ELIGIBLE FOR UNIVERSAL SERVICE SUPPORT

47 C.F.R. sec.

* * *

54.201 Definition of eligible telecommunications carriers, generally.

Access to Utility Service: 47 C.F.R. § 54.201 Definition of eligible telecommunications carriers, generally.

(a) Carriers eligible to receive support.

(1) Only eligible telecommunications carriers designated under this subpart shall receive universal service support distributed pursuant to subparts D and E of this part. Eligible telecommunications carriers designated under this subpart for purposes of receiving support only under subpart E of this part must provide Lifeline service directly to qualifying low-income consumers.

(2) [Reserved]

Access to Utility Service: 47 C.F.R. § 54.203 Designation of eligible telecommunications carriers for unserved areas.

(a) If no common carrier will provide the services that are supported by federal universal service support mechanisms under section 254(c) of the Act and subpart B of this part to an unserved community or any portion thereof that requests such service, the Commission, with respect to interstate services, or a state commission, with respect to intrastate services, shall determine which common carrier or carriers are best able to provide such service to the requesting unserved community or portion thereof and shall order such carrier or carriers to provi

Access to Utility Service: 47 C.F.R. § 54.205 Relinquishment of universal service.

(a) A state commission shall permit an eligible telecommunications carrier to relinquish its designation as such a carrier in any area served by more than one eligible telecommunications carrier. An eligible telecommunications carrier that seeks to relinquish its eligible telecommunications carrier designation for an area served by more than one eligible telecommunications carrier shall give advance notice to the state commission of such relinquishment.

Access to Utility Service: 47 C.F.R. § 54.207 Service areas.

(a) The term service area means a geographic area established by a state commission for the purpose of determining universal service obligations and support mechanisms. A service area defines the overall area for which the carrier shall receive support from federal universal service support mechanisms.

Access to Utility Service: Listing of Provisions, Source, and Authority

TITLE 47—TELECOMMUNICATION

CHAPTER I—FEDERAL COMMUNICATIONS COMMISSION

SUBCHAPTER B—COMMON CARRIER SERVICES

PART 54—UNIVERSAL SERVICE

SUBPART E—UNIVERSAL SERVICE SUPPORT FOR LOW-INCOME CONSUMERS

47 C.F.R. sec.

54.400 Terms and definitions.

54.401 Lifeline defined.

54.403 Lifeline support amount.

Access to Utility Service: 47 C.F.R. § 54.400 Terms and definitions.

As used in this subpart, the following terms shall be defined as follows:

(a) Qualifying low-income consumer. A “qualifying low-income consumer” is a consumer who meets the qualifications for Lifeline, as specified in § 54.409.

(b) Toll blocking service. “Toll blocking service” is a service provided by an eligible telecommunications carrier that lets subscribers elect not to allow the completion of outgoing toll calls from their telecommunications channel.

Access to Utility Service: 47 C.F.R. § 54.401 Lifeline defined.

(a) As used in this subpart, Lifeline means a non-transferable retail service offering provided directly to qualifying low-income consumers:

(1) For which qualifying low-income consumers pay reduced charges as a result of application of the Lifeline support amount described in § 54.403; and