ABI Blog Exchange

Press Release: SencorpWhite Secures Stalking Horse Bidder MSI Automate in Chapter 11 Sale Process

SencorpWhite Inc. announced today that the Northern District Bankruptcy Court of California has approved MSI Automate, a portfolio company of Grays Peak Capital, to serve as stalking horse bidder for the acquisition of the Company's operating businesses under a chapter 11 plan. The Company's investment banker is Gordian Group LLC. The post Press Release: SencorpWhite Secures Stalking Horse Bidder MSI Automate in Chapter 11 Sale Process appeared first on Gordian Group, LLC.

Purdue Pharma Delays—A Bad Deal For Some Claimants, But A Good Deal For Others . . . So Far!

By: Donald L Swanson Back in September of 2021, a super-majority of voting plaintiffs (95%) supported confirmation of the Purdue Pharma bankruptcy plan. Under the plan, the Sackler family would contribute $6.0 billion to pay plaintiffs. The plan was

[NC NACBA} 4th Cir.: Guthrie v. PHH- Bankruptcy Code does not Preempt State Consumer Protection Claims

[NC NACBA} 4th Cir.: Guthrie v. PHH- Bankruptcy Code does not Preempt State Consumer Protection Claims Ed Boltz Tue, 02/25/2025 - 01:24 Summary: As part of Guthrie's Chapter 13 bankruptcy, he surrendered his interest in real property owned with his

Weekly News – February 21

Sign up Now! Credit Symposium only 3 weeks away! Breaking News: Hooters on the brink, Better Health meets At Home, BK fees analyzed, Forever 21, Spirit Airlines lifts off, and much, much more… Creditor Corner Your weekly curated content from the

4th Cir.: LeClair v. Tavener- Withdrawal as Partner Prior to Bankruptcy

4th Cir.: LeClair v. Tavener- Withdrawal as Partner Prior to Bankruptcy Ed Boltz Fri, 02/21/2025 - 15:48 Summary: The Fourth Circuit vacated and remanded a bankruptcy court ruling that had held Gary D. LeClair, a founding member of the now-defunct

Purdue Does Not Bar Injunctions in Section 363 Sales, Says Recent Bankruptcy Decision

8th Circuit Strikes Down SAVE Student Loan Plan

State of Missouri v. Trump, No. 24-2332 (8th Cir. 2025) : SAVE Student Loan Plan The Eighth Circuit Court of Appeals ruled against the Biden administration’s Saving on a Valuable Education (SAVE) plan, declaring that the Department of Education

Law Review: Baird, Douglas- Bankruptcy Minimalism

Law Review: Baird, Douglas- Bankruptcy Minimalism Ed Boltz Thu, 02/20/2025 - 17:12 Available at: Abstract: Bankruptcy exceptionalism, which was called into serious question by the Supreme Court in Harrington v. Purdue Pharma L.P., pushed the outer

BAPCPA: Overruling Eighth Circuit’s “Absurdity” Opinions On “Projected Disposable Income”

By: Donald L Swanson Back in the mid-1990s, the Eighth Circuit Court of Appeals issued two opinions declaring the plain meaning of “projected disposable income” in § 1225(b)(1) to be “absurd” and that the true meaning thereof is, instead, “actual

N.C. Ct. of Appeals: CL Howard Investments v. Wilmington Savings Fund- Mortgage Modification does not Alter Seniority of Liens

N.C. Ct. of Appeals: CL Howard Investments v. Wilmington Savings Fund- Mortgage Modification does not Alter Seniority of Liens Ed Boltz Wed, 02/19/2025 - 15:38 Summary: The North Carolina Court of Appeals reversed the trial court’s order granting

How to Sell a Business Subject to an SBA EIDL Loan

Many clients have contacted our law firm asking how to sell a business subject to an SBA EIDL loan. There are two scenarios. In the first, the sales proceeds are sufficient to pay off the SBA loan (the easier scenario). In this case, one is required

Law Review: Seymour, Jonathan- Bankruptcy in Conflict

Law Review: Seymour, Jonathan- Bankruptcy in Conflict Ed Boltz Tue, 02/18/2025 - 15:42 Available at: https://ablj.org/bankruptcy-in-conflict-vol-98-issue-3-pdf/ Abstract: In a continuation of his criticism of the claim of bankruptcy exceptionalism

4th Cir.: Espin v. Citibank- Arbitration Required Despite SCRA

4th Cir.: Espin v. Citibank- Arbitration Required Despite SCRA Ed Boltz Tue, 02/18/2025 - 15:39 Summary: The Fourth Circuit Court of Appeals reversed a district court decision that denied Citibank’s motion to compel arbitration in a class action

Business Risks Are Real And Ever-Expanding (TikTok v. Garland): That’s Why We Need Effective Bankruptcy Laws

By: Donald L Swanson Being in business is risky. And the risks are ever-expanding. The latest illustration of a new risk is the case of TikTok, Inc. v. Garland. The new risk is for businesses using the TikTok social media platform: i.e., the U.S

Law Review: Foohey, Pamela- The Periphery of Bankruptcy Law: The Importance of Non-Bankruptcy Issues in Consumer Bankruptcy

Law Review: Foohey, Pamela- The Periphery of Bankruptcy Law: The Importance of Non-Bankruptcy Issues in Consumer Bankruptcy Ed Boltz Tue, 02/18/2025 - 01:45 Available at: https://ablj.org/the-periphery-of-bankruptcy-law-the-importance-of-non

Weekly News – February 14

Contributors Speak Up: DQ Provisions LMEs analyzed, anti-coop language debuts, Willkie gets KO’d, DQ Lists in the spotlight, and much, much more… Creditor Corner Your weekly curated content from the Creditor Rights Coalition Over 2,800 member

Meet Vanessa, my paralegal, and Callie, my Virtual Assistant

Callie Glade, File Clerk Callie is the newest member of our team, She just started with us in January 2025. Callie is a virtual assistant, an AI. She takes over one of the most important jobs in any law firm. She’s our file clerk. When you send in

Meet Vanessa, my paralegal, and Callie, my Virtual Assistant

Callie Glade, File Clerk Callie is the newest member of our team, She just started with us in January 2025. Callie is a virtual assistant, an AI. She takes over one of the most important jobs in any law firm. She’s our file clerk. When you send in

Law Review: Bruce, Kara J. and Odinet, Christopher K. and Tosato, Andrea, Bankrupt Crypto Organizations (January 27, 2025). Texas A&M University School of Law Legal Studies Research Paper Forthcoming, SMU Dedman School of Law Legal Studies Research Pap...

Law Review: Bruce, Kara J. and Odinet, Christopher K. and Tosato, Andrea, Bankrupt Crypto Organizations (January 27, 2025). Texas A&M University School of Law Legal Studies Research Paper Forthcoming, SMU Dedman School of Law Legal Studies Research

New Jersey Supreme Court Rules in Favor of Homeowners Facing Tax Lien Foreclosure

This is an update to our blog entitled New Law on Tax Lien Foreclosures Helps Homeowners Protect Equity in which we reported on a major revision to the New Jersey law on tax lien foreclosures. The law now allows homeowners facing foreclosure for