ABI Blog Exchange

(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

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