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

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4th Cir.: Carpenter v. Douglas Management- HOA Fees are Not Transfer Fees under NCGS 39A

4th Cir.: Carpenter v. Douglas Management- HOA Fees are Not Transfer Fees under NCGS 39A Ed Boltz Thu, 05/01/2025 - 15:51 Summary: The Fourth Circuit affirmed the dismissal of a class action complaint filed by a North Carolina homeowner who alleged

A Refresher On “Actual Fraud” For Nondischargeability Under § 523(a)(2)(A) (In re Novak)

By Donald L. Swanson Here’s a refresher on legal standards, and the application of those standards, for denying a debtor’s discharge for “actual fraud” under § 523(a)(2)(A): the opinion is Capital, Inc. v. Novak (In re Novak), Adv. Pro. No. 23-01005

April 2025 Ponzi Scheme Roundup

By Kathy Bazoian Phelps Below is a summary of Ponzi scheme activity reported for April 2025. There were at least 8 new Ponzi schemes revealed this month, 2 guilty pleas, and a single prison sentence of 128 years, plus several others totaling more

4th Cir.: Truck Insurance v. Kaiser Gypsum (on remand from the U.S. Supreme Court)- Good Faith In Plan Confirmation

4th Cir.: Truck Insurance v. Kaiser Gypsum (on remand from the U.S. Supreme Court)- Good Faith In Plan Confirmation Ed Boltz Thu, 05/01/2025 - 01:38 Summary: This long-running asbestos bankruptcy saga involving Kaiser Gypsum and its affiliate Hanson

4th Cir.: Paredes v. Zen Nails-Presumptive Fees Schedules are not Dispositive 

4th Cir.: Paredes v. Zen Nails-Presumptive Fees Schedules are not Dispositive  Ed Boltz Wed, 04/30/2025 - 22:47 Summary: In this Fair Labor Standards Act (“FLSA”) case, the Fourth Circuit vacated a fee award that slashed plaintiffs' requested

4th Cir.: Roberts v. Carter-Young- Fair Credit Reporting Act – Reasonable Investigation – Legal vs. Factual Disputes

4th Cir.: Roberts v. Carter-Young- Fair Credit Reporting Act – Reasonable Investigation – Legal vs. Factual Disputes Ed Boltz Wed, 04/30/2025 - 20:56 Summary: The Fourth Circuit vacated and remanded the dismissal of Shelby Roberts’ Fair Credit

4th Cir.: In Re Star Development- Account is Property of the Estate Despite Assertion of Earmarking and Trust.

4th Cir.: In Re Star Development- Account is Property of the Estate Despite Assertion of Earmarking and Trust. Ed Boltz Wed, 04/30/2025 - 20:53 Summary: Mukesh Majmudar and Hopkins Hospitality Investors, LLC (HHI) sought to recover $1 million

E.D.N.C.: Goddard v. Burnett- Lack of Good Faith in Chapter 13 Retention of Luxury Vehicles

E.D.N.C.: Goddard v. Burnett- Lack of Good Faith in Chapter 13 Retention of Luxury Vehicles Ed Boltz Wed, 04/30/2025 - 16:22 The District Court affirmed the Bankruptcy Court’s denial of confirmation of Bobby Goddard’s Chapter 13 plan, holding that

An Unholy Alliance: Between U.S. Supreme Court & Solicitor General In Bankruptcy Cases (U.S. v. Miller & A Study)

By: Donald L Swanson I’m reading the U.S. Supreme Court’s latest opinion on a bankruptcy subject: U.S. v. Miller (decided March 26, 2025). And I’m looking for something in the opinion that’s interesting . . . anything! The opinion is about whether

Weekly News – April 25

Taking on Conflicts in the Silvergate Bankruptcy and much, much more… Creditor Corner Your weekly curated content from the Creditor Rights Coalition Over 3,000 member subscribers and growing! We bring you exclusive content from leading data and

Contributors Speak Up: Silvergate Part 1

Once again, we find ourselves scratching our heads about seemingly obvious conflicts of interest, the independence of a so-called “independent” director and the adequacy of an “independent” investigation during a bankruptcy case. We asked our expert

Bankr. W.D.N.C.: In re Popp- Dismissal pursuant to § 707(a) for Nondisclosure and Lack of Cooperation

Bankr. W.D.N.C.: In re Popp- Dismissal pursuant to § 707(a) for Nondisclosure and Lack of Cooperation Ed Boltz Thu, 04/24/2025 - 15:53 Summary: Michael and Mary Popp filed a Chapter 7 petition in May 2024, but the case was dismissed under 11 U.S.C. §

“Consumer Protection” Provisions In BAPCPA

By: Donald L Swanson The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) was signed into law on April 20, 2025, as “Public Law 109—8.” Here is a link to the text of that law. By the time of BAPCPA’s 2005 enactment, I had

Book Review: Berman, Jillian- Sunk Cost: Who's to Blame for the Nation's Broken Student Loan System and How to Fix It

Book Review: Berman, Jillian- Sunk Cost: Who's to Blame for the Nation's Broken Student Loan System and How to Fix It Ed Boltz Wed, 04/23/2025 - 20:50 Available at: Your Local Bookstore or https://press.uchicago.edu/ucp/books/book/chicago/S

N.C. Ct. of App.: Paradigm Park Holdings v. Global Growth Holdings

N.C. Ct. of App.: Paradigm Park Holdings v. Global Growth Holdings Ed Boltz Wed, 04/23/2025 - 16:08 Summary: The North Carolina Court of Appeals reversed summary judgment granted to the landlord, Paradigm Park, in a commercial lease dispute, finding

UPDATE OFFERS IN COMPROMISE (“OIC”) FOR SBA EIDL LOANS 04-22-2025

OFFER IN COMPROMISE (“OIC”) FOR SBA EIDL LOANS UPDATE Is the SBA accepting OIC applications for SBA EIDL loans? If you search online, you'll find conflicting answers. Most results indicate no Yesterday I (Jim Shenwick, Esq) called the SBA EIDL

Law Review: LoPucki, Lynn M., False Venue Claims Signed Under Penalty of Perjury

Law Review: LoPucki, Lynn M., False Venue Claims Signed Under Penalty of Perjury Ed Boltz Tue, 04/22/2025 - 16:42 Available at: https://ssrn.com/abstract=5068891 Abstract: In a study of venue for the one hundred ninety-five large, public company

IRA Exemption, Added by BAPCPA, Applies Everywhere—Even In States That Opt Out Of § 522(d) Exemptions (In re Euse)

By: Donald L Swanson I’ve always maintained that the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) is heavy on “preventing abuses” (mostly phantom abuses) and skinny on “protecting consumers.” IRA Exemption in BAPCPA But

Retiring Distressed Download

This blog is retiring effective April 2025. Visit our Restructuring practice >>

Law Review: Hampson, Christopher- Defamation, Bankruptcy & the First Amendment

Law Review: Hampson, Christopher- Defamation, Bankruptcy & the First Amendment Ed Boltz Mon, 04/21/2025 - 17:16 Available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5156187 Abstract: In recent years, a series of high-profile defamation