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Insolvency Service “reframes” view of creditor – IPs can apply their discretion (UK)

• 8 min read
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Law Review: Shachmurove, Amir, Last Rites and Licit Resurrections: The Problematic Pillars of Section 546(A)'S Oft-Presumed Preemption of Non-Bankruptcy Statutes of Repose (July 22, 2022). 30 Am. Bankr. Inst. L. Rev. 141 (2022)

Law Review: Shachmurove, Amir, Last Rites and Licit Resurrections: The Problematic Pillars of Section 546(A)'S Oft-Presumed Preemption of Non-Bankruptcy Statutes of Repose (July 22, 2022). 30 Am. Bankr. Inst. L. Rev. 141 (2022) Ed Boltz Thu, 07/03

6 min read

Sub Rosa Plan Issues Explained (In re Boy Scouts)

By: Donald L Swanson Sub rosa plan issues have been around since the earliest days of my bankruptcy practice. Back in those days, unfortunately, I was never quite sure what a sub rosa plan might be. The dictionary definition of the term, “ sub rosa,”

6 min read

Ploughing New Furrows: Bestwall, LLC Explores the Limits of Federal Courts’ Bankruptcy Jurisdiction with Novel Arguments (US)

What does it mean to be “bankrupt?” The Fourth Circuit recently held oral arguments to determine this question in Bestwall, LLC v. The Official Committee of Asbestos Claimants. [1] There, the Asbestos Claimants asserted that the United States

6 min read

E.D.N.C.: In re Port City Contracting Services, Inc.- Discovery Appeal Dismissed as Interlocutory

E.D.N.C.: In re Port City Contracting Services, Inc.- Discovery Appeal Dismissed as Interlocutory Ed Boltz Wed, 07/02/2025 - 15:44 Summary: Pro se litigant Robert Paul Sharpe appealed two discovery-related denials from Bankruptcy Judge David M

6 min read

4th Cir.: Martin v. Parker- No Denial of Discharge for embezzlement where debtor acted on good-faith advice from financial institutions despite conflicting estate documents

4th Cir.: Martin v. Parker- No Denial of Discharge for embezzlement where debtor acted on good-faith advice from financial institutions despite conflicting estate documents Ed Boltz Wed, 07/02/2025 - 04:53 Summary: After prevailing in a Virginia

6 min read

Insolvency Service “reframes” view of creditor – IPs can apply their discretion (UK)

The Insolvency Service have held a long-established view that creditors are classed as such at the point of entry into an insolvency process. This view was brought into question and challenged in the cases of Pindar and Toogood where in essence the

6 min read