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

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Plan Proponent is Ten Years Old!

Last night I wrapped-up a two-part lecture on bankruptcy plan confirmation for Gary Marsh’s Complex Restructuring course at Emory Law. Without this blog, I likely wouldn’t have had that neat opportunity over the last few years, and I certainly wouldn

BAPCPA: Bankruptcy Filing Is Morally Equivalent To Shoplifting (So Says A Congressional Report)

By: Donald L Swanson Here are five points explaining why the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) should be enacted . . . appearing on the opening page of this “ Report of the Committee on the Judiciary, House of

Subchapter V debt limit will increase to $3,424,000

The National Law Review reports that the Subchapter V debt limit will increase to $3,424,000 on April 1, 2025. Currently, the Subchapter V debt limit is $3,024,725. The full article can be found at: https://natlawreview.com/article/bankruptcy-dollar

Law Review: Hampson, Christopher, The Spirit of Jubilee (January 17, 2025). University of Florida Levin College of Law Research Paper Forthcoming

Law Review: Hampson, Christopher, The Spirit of Jubilee (January 17, 2025). University of Florida Levin College of Law Research Paper Forthcoming Ed Boltz Wed, 02/12/2025 - 17:12 Available at: https://ssrn.com/abstract=5100907 Abstract: The Jubilee

Are you making progress? The Scottish court provides helpful pointers to English administrators seeking to extend on the content of progress reports

Although the case of Anthony John Wright and Alastair Rex Massey vs. Scottish Court of Session [2024] CSOH 105 is (as the name suggests) a Scottish decision, there are several takeaways from the case relating to the content of progress reports, which

Does a Monetary Gift Affect Disability Benefits in Pennsylvania?

If you have a psychological or physical condition that prevents you from working, you may be eligible for Social Security Disability Insurance (SSDI) benefits. Contrary to common assumptions, your financial resources are not considered when

Law Review: Hannah L. Fink, Penalizing Compliance: The Case for Paying Chapter 13 Trustees in the Event of PreConfirmation Dismissal, 41 EMORY BANKR. DEV. J. 105 (2024).

Law Review: Hannah L. Fink, Penalizing Compliance: The Case for Paying Chapter 13 Trustees in the Event of PreConfirmation Dismissal, 41 EMORY BANKR. DEV. J. 105 (2024). Ed Boltz Tue, 02/11/2025 - 15:42 Available at: https://scholarlycommons.law

4th Cir.: Modern Perfection v. Bank of America- Fourth Order Arbitration Disputes

4th Cir.: Modern Perfection v. Bank of America- Fourth Order Arbitration Disputes Ed Boltz Tue, 02/11/2025 - 15:40 Summary: Several small businesses had entered into two separate agreements with Bank of America—one for deposit accounts (which

ABCs & Bankruptcy, Part 5: Effect Of An ABC On A Pending Lawsuit–“The Most Honest Act” (Reed v. McIntyre)

By Donald L. Swanson “[T]he appellant would not have acquired priority over other creditors by the sheriff’s levy, for the obvious reason that the right of property in the goods seized under the execution had previously passed” to the assignee under

Which Type of Bankruptcy Stops Foreclosure in Pennsylvania?

Some bankruptcy chapters are more effective than others when tackling certain kinds of debt. If you have defaulted on your mortgage and are facing foreclosure, is there a specific kind of bankruptcy that would best suit your situation? The best type

Can I Keep My Car in Chapter 7 and Change My Mind Later?

Can I Keep My Car in Chapter 7 and Change My Mind Later? Here’s one of the big advantages of Chapter 7 bankruptcy. You can keep paying on your car now, but then change your mind and give it back later. You can give it back later without hurting your

Weekly News – February 7

Contributors Speak Up: Double Dips Private credit meets public credit, Zips hands over the keys, Mitel the next LME to go belly up?, coop paper market split, LMEs come to Europe, and much, much more… Creditor Corner Your weekly curated content from

Treatment of “Double Dips” in Bankruptcy

Treatment of “Double Dips” in Bankruptcy: Does Section 502(e)(1)(B) Disallow the Second Dip? By James H. Millar 1 February 7, 2025 One of the financing devices getting some recent press is the so-called “double dip”—the ability of a creditor to have

Research Study: Center for Responsible Lending- Under the Radar: Evidence of Prohibited Vehicle-Title Loans Made in 23 States

Research Study: Center for Responsible Lending- Under the Radar: Evidence of Prohibited Vehicle-Title Loans Made in 23 States Ed Boltz Fri, 02/07/2025 - 16:12 Available at: https://www.responsiblelending.org/research-publication/under-radar-evi…

4th Cir.: Alig v. Rocket Mortgage- Concrete Harm required for Class Action Standing

4th Cir.: Alig v. Rocket Mortgage- Concrete Harm required for Class Action Standing Ed Boltz Thu, 02/06/2025 - 15:12 Available at: Summary: The Plaintiffs brought a class action lawsuit against Rocket Mortgage (formerly Quicken Loans) and its

BAPCPA: Extremely Harsh On Student Loans (Brunner & Briscoe)

By: Donald L Swanson Before 1998, (i) all student loans from for-profit lenders were dischargeable in bankruptcy, but (ii) student loans backed by the federal government or from non-profits were dischargeable in only these circumstances: when the

Jumping Up: Bankruptcy Code Dollar Amounts Will Increase On April 1, 2025

An official notice from the Judicial Conference of the United States was just published announcing that certain dollar amounts in the Bankruptcy Code will be adjusted upward by 13.2004%, perhaps the largest increase to date. Inflation adjustments are

Jumping Up: Bankruptcy Code Dollar Amounts Will Increase On April 1, 2025

An official notice from the Judicial Conference of the United States was just published announcing that certain dollar amounts in the Bankruptcy Code will be adjusted upward by 13.2004%, perhaps the largest increase to date. Inflation adjustments are

Law Review: Pang, Belisa and Jiménez, Dalié and Bruckner, Matthew A., Full Discharge Ahead? An Empirical First Look at the New Student Loan Discharge Process in Bankruptcy (December 15, 2024).

Law Review: Pang, Belisa and Jiménez, Dalié and Bruckner, Matthew A., Full Discharge Ahead? An Empirical First Look at the New Student Loan Discharge Process in Bankruptcy (December 15, 2024). Ed Boltz Tue, 02/04/2025 - 20:09 Available at: https:/

ABCs & Bankruptcy, Part 4: Are State Preference Laws Unconstitutional, Without A Knowledge Or Intent Element? (Clark v. White)

By: Donald L Swanson Here are three propositions of law, based on the U.S. Supreme Court’s Clark v. White, 13 U.S. 178 (1838), opinion: absent evidence of wrongful knowledge or intent, a creditor’s efforts at racing-to-the-courthouse to collect a