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

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And just like that another Restructuring Plan is sanctioned with HMRC supporting (UK)

The Outside Clinic restructuring plan (RP) was sanctioned last week with HMRC voting in favour of it. In a similar vein to Enzen (see our earlier blog) HMRC initially indicated that it was not inclined to support the plan, but, after negotiating a

March 2025 Ponzi Scheme Roundup

By Kathy Bazoian Phelps Below is a summary of Ponzi scheme activity reported for March 2025. There were at least 2 new Ponzi schemes revealed this month, 1 guilty plea, 1 conviction, and the average age of the fraudsters was about 56 years old. At

Weekly News – March 28

Tariffs and inflation worries tank markets, LME trends explained, 23andMe joins the trash heap, Franchise Group creditor-on-creditor violence, and much, much more… Creditor Corner Your weekly curated content from the Creditor Rights Coalition Over 3

Is This Really The Season For Credit Card Debt Forgiveness?

CBS’s article “ How to prepare for credit card debt forgiveness this April” constitutes a serious disservice to its readers. It touts those debt foregivess programs who prey on the desire of most people to pay their debts to the extent they can

SBA DOES NOT ALLOW EIDL LOANS TO BE COMPROMISED THREW AN OFFER IN COMPROMISE

SBA DOES NOT ALLOW EIDL LOANS TO BE COMPROMISED THREW AN OFFER IN COMPROMISE Many clients have contacted our law firm seeking assistance in settling their outstanding SBA EIDL loans through an offer in compromise (OIC). Unfortunately, the SBA's

HMRC Supports a UK Restructuring Plan with its Change in Approach – Good News for Future RPs?

You may have read our previous blog about the Outside Clinic Restructuring Plan (RP) which asked whether 5p was enough to cram down HMRC and thought, well surely if that’s not enough, 10p would work? The Enzen Restructuring Plans (RPs) that were

What Happens After A Bankruptcy Sale When The Party In Possession Refuses to Leave? (In re Galleria)

By: Donald L Swanson What happens, after a bankruptcy sale of real estate, when the party in possession of that real estate . . . refuses to leave? We now know. The case is In re Galleria 2425 Owner, L.L.C., Case No. 23-34815 in Southern Texas

How to Use Zoom with a Meeting ID and Passcode

How To Join A Meeting On Zoom? | Quick Start Guide The bankruptcy trustee hearings are on Zoom. If you are not a regular Zoom user, this page shows you what to do. For the instructions on how to join a meeting with Zoom, just click on the link above

How to Use Zoom with a Meeting ID and Passcode

How To Join A Meeting On Zoom? | Quick Start Guide The bankruptcy trustee hearings are on Zoom. If you are not a regular Zoom user, this page shows you what to do. For the instructions on how to join a meeting with Zoom, just click on the link above

Arbitration Clause In A Discharged Contract Is Unenforceable—Unless Weaponized (Rogne v. Digital)

By: Donald L Swanson Since Debtor “does not now seek to use that agreement as a weapon” against Creditor, Debtor’s “bankruptcy discharge renders the arbitration agreement unenforceable.” Rogne v. Digital Forensics Corp., Case No. 24-cv-2612 (D. Minn

(UK) The issue with hybrid insolvency claims rumbles on

Should a claim be struck out where the applicant has failed to comply with the procedural requirements relating to “hybrid” claims? In the recent case of Park Regis Birmingham LLP [2025] EWHC 139 (ch), the High Court held that it would be

Weekly News – March 21

Lenders win latest rounds against financial sponsors, Non Ratable Backstops Under Fire, Last Nail in the Coffin for SDTX: Highland Capital Decision, and much, much more… Creditor Corner Your weekly curated content from the Creditor Rights Coalition

A Guide from Levitt & Slafkes, P.C.: Important Terms to Understand in Bankruptcy’

Filing bankruptcy can be an intimidating process. Understanding key bankruptcy terms can help make it more manageable. At Levitt & Slafkes, P.C., we specialize in helping clients get through the bankruptcy process with compassion and ease. Whether

Abusive Pro Se Bankruptcy Filings: A Problem To Be Solved? (Hayes v. U.S. Bank Trust)

By: Donald L Swanson A recent bankruptcy appellate decision by a U.S. District Court highlights a persistent bankruptcy problem: How to deal with pro se filers who abuse the bankruptcy system by repeated filings. The case is Hayes v. U.S. Bank Trust

Equitable Mootness Rejected & A Confirmed Plan Provision Excised (In re Serta)

By: Donald L Swanson Equitable mootness does not prevent the excising ( i.e., the surgical removal), on appeal, of an indemnification provision from a confirmed Plan. That’s the ruling of the U.S. Fifth Circuit Court of Appeals in Excluded Lenders v

Do I Have the Right to Reinstate My Mortgage in Pennsylvania?

Mortgage foreclosure can feel like the beginning of the end of your homeownership dreams. However, you may be able to reinstate your mortgage under the right conditions. In Pennsylvania, homeowners have a right to cure the default right up until just

WDVA: Goldman Sachs v. Brown- Denial of motion to compel arbitration in Bankruptcy

WDVA: Goldman Sachs v. Brown- Denial of motion to compel arbitration in Bankruptcy Ed Boltz Mon, 03/17/2025 - 17:59 Summary: The U.S. District Court for the Western District of Virginia affirmed a Bankruptcy Court decision denying Goldman Sachs Bank

Weekly News – March 14

2025 Credit Opportunities Symposium Recap and much, much more… Creditor Corner Your weekly curated content from the Creditor Rights Coalition Over 2,800 member subscribers and growing! Sign Up Here CONFERENCE RECAP 2025 Credit Opportunities Symposium

U.S. Trustee Objects to Stalking Horse Bid Protections in Three Recent Delaware Bankruptcy Cases

Recently, the Office of the United States Trustee (the “UST”) has been objecting to debtors’ motions to establish bidding procedures to sell some or all of an estate’s assets pursuant to section 363 of the Bankruptcy Code. As highlighted in three

Getting A “Discretionary Fee” + Hourly Fees Awarded In Bankruptcy: A Road Map? (In re LTL Management)

By: Donald L Swanson Here is a hard-knocks rule ( i.e., a rule learned the hard way) on fees for a court-approved professional in bankruptcy: representing a debtor, committee or trustee in bankruptcy has all the downside of a contingent fee case—but