ABI Blog Exchange

How Does a Short Sale Work in Pennsylvania?

A short sale is when someone sells their home for less than they owe on the mortgage. This is not ideal, but it may alleviate significant debt. However, not everyone may go through a short sale, and you must prove that it is necessary for your

Watch the interview of Sam Bankman-Fried by Tucker Carlson #SBF #FreeSBF #crypto

Link to the very interesting interview on YouTube:

Winding Down A 97 Year Old Bankruptcy Case (In re Yellow Poplar Lumber)

By: Donald L. Swanson This has got to be one of the longest-running bankruptcy cases . . . ever. It was filed on July 17, 1928, and it is being wound-down now. A recent Bankruptcy Court Order in that case (entered January 22, 2025) addresses the

Involuntary Bankruptcy: Often Discussed, Infrequently Used

Weekly News – March 7

Last Chance to Register! Sign up Now for Credit Opportunities Symposium! The Master Class in LMEs, and more LMEs, Bausch options analyzed, Trump tariffs, private credit meets the open market purchase, and much, much more…. Creditor Corner Your weekly

What Happens To Your Business in Bankruptcy

Before you file bankruptcy, you need to know what happens to your business in your bankruptcy. And like so many things, there’s no single, simple answer. Two factors drive the fate of the business. One is whether the business is itself a legal entity

NC Ct. of App.: In re Godfrey- Ratification of Forged Mortgage

NC Ct. of App.: In re Godfrey- Ratification of Forged Mortgage Ed Boltz Thu, 03/06/2025 - 20:58 Summary: The North Carolina Court of Appeals reversed the trial court’s decision denying judicial foreclosure which involved a home equity line of credit

§ 523(a) Discharge Exceptions & The Corporate Subchapter V Debtor (In re Blok Industries)

By: Donald L Swanson “[T]his Court finds that the exceptions to discharge under §523(a) only apply to individuals in Subchapter V.” Spring, et al. v. Davidson and Blok Industries, Inc. (In re Davidson; In re Blok Industries, Inc.; Jointly

Can a Lender Charge Fees for the Foreclosure Process in Pennsylvania

The foreclosure process is very upsetting for homeowners, and it can also be expensive. Depending on how foreclosure happens, you might face additional fees and costs from the lender. This can be costly for those already facing financial hardship

My Client Communication Strategy: Flood the Zone

Poor client communication is the source of both client anguish and discontent with the legal profession. Case in point: failure to return calls is the most frequent complaint to the state bar where I practice. As bankruptcy lawyers, we’re dealing

Is An Automatic Stay Waiver, In A Pre-Petition Forbearance Agreement, Enforceable? (In re DJK Enterprises)

By: Donald L Swanson “While the pre-petition Debtor may have consented to waiver of the automatic stay in favor of [secured creditor], . . . other creditors did not”; and “The automatic stay is designed to protect both debtors and creditors alike.”

American Bankruptcy Institute: Protections for Consumers and Consumer Lawyers: The ESCRA

American Bankruptcy Institute: Protections for Consumers and Consumer Lawyers: The ESCRA Ed Boltz Tue, 03/04/2025 - 03:14 Shortly after the commencement of the 119th Congress, Reps. Young Kim (R-Calif.) and Sarah McBride (D-Del.) introduced the

Weekly News – February 28

Sign up Now! Credit Symposium only 2 weeks away! Breaking News: Altice France gets to a deal, Bausch Health endgame? Another Platinum Equity LME, Joann Fabrics goes belly up, and much, much more…. Creditor Corner Your weekly curated content from the

Do You Qualify for Chapter 13: The Debt Limits

Chapter 13 debt limits are one of the eligibility requirements to file for this form of bankruptcy reorganization. The test has two prongs: unsecured debt and secured debt. Come in under each prong and you meet the debt limits test. For cases filed

Bankruptcy Alphabet: F is for First

In my Bankruptcy Alphabet, F is for First meeting of creditors. Lots of rumors exist about the that meeting; it produces unwarranted anxiety that is avoidable if you understand what’s up. Let’s check it out. The first meeting of creditors is often

February 2025 Ponzi Scheme Roundup

By Kathy Bazoian Phelps Below is a summary of Ponzi scheme activity reported for February 2025. There were at least 7 new Ponzi schemes revealed this month, 10 guilty pleas, 1 conviction, and the average age of the fraudsters was about 48 years old

(UK) Is 5p enough to cram down HMRC in a Restructuring Plan?

For those in the mid-market who have watched developments in restructuring plans (RP) move from a potential rescue tool, to something prohibitively expensive, the OutsideClinic RP might be one to watch. Not least because the RP seeks to cram down

Update of German Law Aspects of Crypto Assets

Our recently updated article considers how EU and German civil and regulatory law approach crypto assets with a particular focus on how those types of crypto assets are dealt with in an insolvency. In this article we explore the different types of

(UK) Office-Holder Remuneration Applications – the importance of details

When it comes to applications by office-holders for approval of their remuneration, the message in the case of Poxon and another v Wejo Ltd (in administration) [2025] EWHC 135 (Ch) was, the detail matters. Background Having failed to obtain approval

Conversion Of Involuntary Chapter 7 Business Case To Subchapter V: Legal Standards Identified & Applied (In re Zarifian)

By: Donald L Swanson A recent Bankruptcy Court opinion grants an involuntary Debtor’s motion to convert its Chapter 7 case to Subchapter V—relying on a U.S. Supreme Court opinion. This Bankruptcy Court opinion provides a path for others to follow