ABI Blog Exchange

Will UK business face supply chain challenges now Trump is in office?

Throughout his 2024 campaign, President Donald Trump vowed that if re-elected, he would address unfair trade practices, rebalance trade relationships, and fund other economic proposals through new and expanded tariffs. With his return to the White

Weekly News – January 17

2025 Symposium Registration is Now Open! Market reacts to Serta, Better Health LME raises eyebrows, Coops and more post Serta, Sacklers pony up more $$$$, and JoAnn chapter 22 much more… Creditor Corner Your weekly curated content from the Creditor

(US) Fifth Circuit Puts Serta Simmons Uptier Transaction to Bed

On December 31, 2024, the U.S Court of Appeals for the Fifth Circuit issued a unanimous decision reversing the bankruptcy court’s ruling that allowed an uptier transaction entered into by Serta Simmons Bedding, LLC (“Serta Simmons”) in 2020 (the

Let’s Rebuild Together After the LA Wildfires

Our hearts are with our friends, colleagues, firefighters and first responders during this difficult time. The recent wildfires have tested our resilience, but as always, our county rises with strength, compassion, and determination to rebuild. In

Gordian Group Announced as Winner of 2024 Boutique Investment Bank of the Year at the 19th Annual M&A Advisor Turnaround Awards

Gordian Group Announced as 2024 Winner of Boutique Investment Bank of the Year at the 19th Annual Turnaround Awards; 9th time in 14 years The post Gordian Group Announced as Winner of 2024 Boutique Investment Bank of the Year at the 19th Annual M&A

BAPCPA: A Radical Departure From Historical Bankruptcy Laws (A Report From May of 1900)

By: Donald L Swanson The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) is a bi-partisan law: enacted on a vote of 302 yaes and 126 nays in the House and on a vote of 75 yaes and 24 nays in the Senate. 2025 is the twenty

Delaware Bankruptcy Court Holds No General Exception to an Automatic Stay of Case After Denial of Arbitration In Bankruptcy Cases

What I Learned About Bankruptcy on Facebook

For nearly a year, I’ve been hanging out on a Facebook “bankruptcy support” group. It’s a world full of misunderstanding, fear, and anguish. But it’s also clear to me that our profession can learn some things from that stew, both individually and

Overwhelmed and Inspired: What I Learned at My First CES

Attending my first CES was a whirlwind of new technology, new faces and pure sensory overload. The massive event spans cavernous halls packed with towering displays, flashing lights and an endless maze of booths showcasing every kind of gadget you

ABCs & Bankruptcy, Part 1: The Need For “An Expert Equitable Tribunal” To Provide Court-Supervision (Granfinanciera v. Nordberg)

By: Donald L Swanson Congress must be permitted “at long last to fashion a modern bankruptcy system which places the basic rudiments of the bankruptcy process in the hands of an expert equitable tribunal.” Granfinanciera v. Nordberg, 492 U.S. 33, 94

Are You Responsible for a Spouse’s Debt After Divorce?

Getting married often means intertwining your finances with your spouses. If you get divorced, does that mean you are responsible for your ex’s debt? You might be responsible for your spouse’s debt after divorce and be named as a co-debtor in a

Weekly News – January 10

BREAKING NEWS: Marc Lasry of Avenue 2025 Symposium Keynote Speaker Private credit in Alacrity, Ligado & Joann Stores hit the skids again and Serta, Serta, and even more Serta…. much more… Creditor Corner Your weekly curated content from the Creditor

Delaware Bankruptcy Court Denies Healthcare Debtors’ Request to Enter into Nonbinding Commitment Letter (US)

The goal of a sale process under section 363 of the United States Bankruptcy Code is for a debtor to maximize the value of estate property for the benefit of all parties-in-interest. But what happens when the only party that is interested in

Law Review: Schwarcz, Steven L., Bankruptcy's Redistributive Policies: Net Value or a "Zero-Sum Game"? (January 01, 2025). Duke Law School Public Law & Legal Theory Series Forthcoming

Law Review: Schwarcz, Steven L., Bankruptcy's Redistributive Policies: Net Value or a "Zero-Sum Game"? (January 01, 2025). Duke Law School Public Law & Legal Theory Series Forthcoming Ed Boltz Thu, 01/09/2025 - 15:41 Available at: https://ssrn.com

BAPCPA: A Failure For Consumers . . . But A Success For Easy Credit And Ineffective Bankruptcy Relief! (A Study)

By: Donald L Swanson Congress enacted the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”) on April 14, 2005. It was signed into law on April 20, 2005. And it applied to all bankruptcy cases filed after October 17, 2005. So, the

Top 10 Predictions for 2025 in UK Restructuring and Insolvency    

What can we expect in R&I in 2025? Well that’s always difficult to know for certain but our predictions are based on what we saw in 2024, and how we expect some of these to play out in 2025. And let’s see where we are at the end of the year because

Will I Lose My SSI if I Inherit a House?

As a Supplemental Security Income (SSI) recipient, should you be concerned about losing your benefits if you inherit a home? If you already own a home when you inherit another one, it could put you over the resource limit for SSI, making you lose

A Uniform Law Solution To An Escrow Problem In Bankruptcy (Uniform Special Deposits Act)

By: Donald L. Swanson The intersection of state escrow laws and federal bankruptcy laws can create confusion and surprise for contracting parties. The Problem & Four Examples The problem creating such confusion and surprise is this. State escrow laws

Bankruptcy and Restructuring in the US:  A Snapshot of 2024

LMEs (Of course). Liability management exercises — sometimes referred to as “lender-on-lender violence” — continued on their growth trajectory during 2024, with restructuring advisors looking for (and finding) gaps in credit documents that allow for

Distressed M&A Deals in Poland

The post-pandemic anxiety on the European markets was largely due to the anticipated wave of bankruptcies. High interest rates, surging energy prices and out-of-control inflation took their toll on many European businesses. Although the doomsday