ABI Blog Exchange

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

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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

4th Cir.: Sugar & Saser v. Burnett- Reliance on Legal Advice as Defense and Vesting of Assets in the Debtor does not preclude subsequent modification due to appreciation

4th Cir.: Sugar & Saser v. Burnett- Reliance on Legal Advice as Defense and Vesting of Assets in the Debtor does not preclude subsequent modification due to appreciation Ed Boltz Mon, 04/21/2025 - 17:07 Summary: In Sugar & Sasser v. Burnett, the

4th Cir.: Carroll Management v. Dun & Bradstreet- Defamation and Credit Reporting

4th Cir.: Carroll Management v. Dun & Bradstreet- Defamation and Credit Reporting Ed Boltz Mon, 04/21/2025 - 15:46 Summary: In this defamation and unfair trade practices case, six related real estate companies sued Dun & Bradstreet (“D&B”), alleging

Average Property Tax Amount on Single Family Homes Up 2.7 Percent Across U.S. in 2024

Average Property Tax Amount on Single Family Homes Up 2.7 Percent Across U.S. in 2024 Ed Boltz Mon, 04/21/2025 - 15:40 Available WITH INTERACTIVE MAPS at: https://www.attomdata.com/news/market-trends/home-sales-prices/2024-ann… Summary

E.D.N.C.: Macedon v. North Carolina- Dismissal of Sovereign Citizen Action Challenging Foreclosure

E.D.N.C.: Macedon v. North Carolina- Dismissal of Sovereign Citizen Action Challenging Foreclosure Ed Boltz Mon, 04/21/2025 - 06:10 Summary: In this foreclosure-related action, the district court dismissed with prejudice a pro se complaint

Weekly News – April 18

Hertz surges! LMEs (still) a road to nowhere, shame on Puerto Rico, Paul Weiss hits ethics wall, and much, much more… Creditor Corner Easter Edition Your weekly curated content from the Creditor Rights Coalition Over 3,000 member subscribers and

4th Cir.: Fluharty v. Philadelphia Indemnity- No Standingor Settlement Control for Trustee in D&O Policy Dispute

4th Cir.: Fluharty v. Philadelphia Indemnity- No Standingor Settlement Control for Trustee in D&O Policy Dispute Ed Boltz Fri, 04/18/2025 - 19:32 Summary: In two intertwined bankruptcy cases—one corporate (Geostellar, Inc.) and one personal (David

Bankr. E.D.N.C.: In re Smith- Tax Lien attachment to Tenancy by the Entirety Property in Chapter 13

Bankr. E.D.N.C.: In re Smith- Tax Lien attachment to Tenancy by the Entirety Property in Chapter 13 Ed Boltz Fri, 04/18/2025 - 19:30 Summary: Following the 4th Circuit decision in In re Morgan a Chapter 7 trustee can reach entireties property to pay

Why is Bankruptcy Better for Your Credit Score than “Debt Consolidation”

“Now I can’t even rent an apartment” Chuck, not his real name, talked to me last month about filing bankruptcy. He’d been trying to “resolve” his debts through one of the newer debt settlement outfits, Five Lakes. After 18 months in a debt settlement

Why is Bankruptcy Better for Your Credit Score than “Debt Consolidation”

“Now I can’t even rent an apartment” Chuck, not his real name, talked to me last month about filing bankruptcy. He’d been trying to “resolve” his debts through one of the newer debt settlement outfits, Five Lakes. After 18 months in a debt settlement

Bankr. E.D.N.C.: Sliwinski v. Sliwinski- Chapter 13 Debtor cannot Use § 363(h) to force the sale of jointly owned property

Bankr. E.D.N.C.: Sliwinski v. Sliwinski- Chapter 13 Debtor cannot Use § 363(h) to force the sale of jointly owned property Ed Boltz Thu, 04/17/2025 - 16:27 Summary: Judge McAfee held that a Chapter 13 debtor lacks standing to invoke 11 U.S.C. § 363(h

We Need Commissions To Study The Reform Of BAPCPA!

By: Donald L Swanson On April 20, 2005 (that’s 20 years ago this Sunday), the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) is signed into law, after being passed by bi-partisan majorities in both the House and the Senate

How Breadcrumbing Puts You At A Disadvantage In Divorce

How Breadcrumbing Puts You At A Disadvantage In Divorce Have you ever felt like you were fed up with a relationship, just for that person to give you a shred of attention that’s enough to reel you back in? If so, you’ve probably experienced a

N.C. Business Ct.: Pro-Tops v. Maksimenko_- Service of Process Short Cut is Improper

N.C. Business Ct.: Pro-Tops v. Maksimenko_- Service of Process Short Cut is Improper Ed Boltz Wed, 04/16/2025 - 16:31 Summary: Pro-Tops sought to effectuate service on Maksimenko through a private process server on six different occasions without

Supreme Court Limits Trustee Avoidance Powers in U.S. v. Miller

N.C. Ct. of Appeals: Midland Credit Management v. Mitchell- Procedural Errors Lead to Dismissal of Pro Se Consumer Case

N.C. Ct. of Appeals: Midland Credit Management v. Mitchell- Procedural Errors Lead to Dismissal of Pro Se Consumer Case Ed Boltz Tue, 04/15/2025 - 22:26 Summary: The North Carolina Court of Appeals dismissed the appeal of Derrick Mitchell in a case

What are the Key Takeaways for managing HMRC in a UK restructuring plan (RPs) and beyond?

Much will depend on the specifics of a company’s financial position, but there are some themes from the OutsideClinic and Enzen judgments that are helpful – and arguably so even beyond the context of RPs for a company’s managing its relationship with