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

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Weekly News – May 2

Put on your rally caps! Saks/Neiman plummet to new lows, Octus private credit rankings out, ‘private’ creditor-on-creditor violence, Isgur cleared of wrongdoing, and much, much more… Creditor Corner Your weekly curated content from the Creditor

What Does Bankruptcy Do to Your Credit?

“Credit Scores Improve Immediately After Filing for Bankruptcy.” That’s from an October 2024 consumer bankruptcy study done by Lending Tree. The average person saw their credit score increase from 533 to 602. (This matches two studies, in 2014 and

E.D.N.C.: Alston v. NCR- Consumer Rights Claims are Not Assignable but are Personal Injury Torts

E.D.N.C.: Alston v. NCR- Consumer Rights Claims are Not Assignable but are Personal Injury Torts Ed Boltz Fri, 05/02/2025 - 17:38 Summary: James Alston, claiming to have been assigned FDCPA claims from a third party (Louis Greene), brought various

Proposed 2025 Formal Ethics Opinion 1- Obligations Related to Notice When the Lawyer Leaves a Firm

Proposed 2025 Formal Ethics Opinion 1- Obligations Related to Notice When the Lawyer Leaves a Firm Ed Boltz Fri, 05/02/2025 - 17:29 Available at: https://www.ncbar.gov/for-lawyers/ethics/proposed-opinions/ Summary: Should this FEO be adopted, these

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