Skip to main content
Help Center
banner

ABI Blog Exchange

article-exchange

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

Read Article

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

Weekly News – January 3

Announcing our 2025 Sponsors and Contributors! Breaking News: Serta, Serta, and even more Serta with a bit of Mitel sprinkled in, Sponsors take on co-ops, Madoff comes to a close, Big Lots teeters, Prepa in the news, and much, much more… Creditor

Quick Takes on the Serta & Mitel Decisions

On New Year’s Eve, appellate courts released two important LME decisions on whether “uptiering” transactions violated the terms of credit agreement under New York law. In re Serta Simmons Bedding, L.L.C. , No. 23-20181 (5th Cir. Dec. 31, 2024) (“

Information is power….become more powerful

In the information age, we’re inundated with information about bankruptcy. Some of it accurate and much of it nonesense or worse. Half the people who’ve filed bankruptcy wouldn’t dream of telling you about it, and those who do talk are as likely to

Your mortgage payment needs to be on-the-dot current

In Chapter 13, in Virginia, your mortgage payment needs to be on-the-dot current. Paying your mortgage payment by the 14th of the month (or later) gets your Chapter 13 case thrown out at the goal line. That’s because of a local bankruptcy rule, Rule

Your mortgage payment needs to be on-the-dot current

In Chapter 13, in Virginia, your mortgage payment needs to be on-the-dot current. Paying your mortgage payment by the 14th of the month (or later) gets your Chapter 13 case thrown out at the goal line. That’s because of a local bankruptcy rule, Rule

Two-Years Prospective Relief From The Automatic Stay (In re Karpuleon)

By: Donald L. Swanson Two-years prospective relief from the automatic bankruptcy stay is a remedy granted for serial bankruptcy filings, under § 362(d)(4)(B), in In re Karpuleon, Case No. 24-80647 in Central Illinois Bankruptcy Court (entered 12/6

Tips For Declaring Bankruptcy In Arizona In 2025

Tips For Declaring Bankruptcy In Arizona In 2025 Despite seeming to pass instantly and last way too long at the same time, 2024 has drawn to a close and the new year is upon us. As every issue that has been plaguing our country for generations comes

Bankr. MDNC: Hughes v. MTGLQ

Bankr. MDNC: Hughes v. MTGLQ Ed Boltz Tue, 12/31/2024 - 18:30 Summary: Brenda Hughes asserted that MTGLQ and U.S. Bank violated the discharge injunction under 11 U.S.C. § 524(a) and sought a determination that a state court judgment reforming a deed

December 2024 Ponzi Scheme Roundup

By Kathy Bazoian Phelps Below is a summary of Ponzi scheme activity reported for December 2024. There were at least 12 new Ponzi schemes revealed this month, 3 guilty pleas, and 1 conviction. Ponzi schemers received more than 102 years of prison

A Hard-Knocks Rule: Keep All Options Open For As Long As Possible (A Study)

By: Donald L Swanson We’ve all been there: when faced with alternative courses of action, we make a choice; but time and subsequent developments show we made the wrong choice. So, a hard-knocks rule is this: keep all options and alternatives open and

Weekly News – December 27

Creditor Corner Your weekly curated content from the Creditor Rights Coalition We will be returning next week Last Chance to Become a 2025 Sponsor Platinum Sponsors Gold Sponsors Silver Sponsors Learn more about Sponsorship Opportunities Save the

SBA EIDL Loans & the Case of the “Missing Guarantee”

SBA EIDL Loans & the Case of the “Missing Guarantee” Many clients have recently contacted us with a similar issue. They claim they never personally guaranteed their SBA loans. However, after their SBA loans defaulted, the SBA is reaching out to them

New California Homestead Numbers For 2025

It’s time to check out the California homestead numbers for 2025. The 021 expanded California homestead not only brought the exemption closer to the real cost of housing, it provided for annual adjustments for inflation. The original legislation

“Cross-Border Cases”: An Instructive Opinion (In re Wayne Burt Pte. Ltd.)

By: Donald L. Swanson Most bankruptcy practitioners (me included) have no experience with Chapter 15 of the Bankruptcy Code, which deals with “Cross-Border Cases.” To say “Chapter 15” is, for many of us, like saying “Quantum Physics”: we know the

USA v Sam Bankman-Fried, brief in support of the conviction of Sam Bankman-Fried

Link to the brief filed in the appeal pending before the US Court of Appeals for the Second Circuit as case 24-961: https://www.courtlistener.com/docket/69143697/50/united-states-of-ameri…

Law Review: Antill, Samuel and Bellon, Aymeric, The Real Effects of Bankruptcy Forum Shopping (December 11, 2024).

Law Review: Antill, Samuel and Bellon, Aymeric, The Real Effects of Bankruptcy Forum Shopping (December 11, 2024). Ed Boltz Wed, 12/25/2024 - 20:36 Available at: Available at SSRN: https://ssrn.com/abstract=5052176 or http://dx.doi.org/10.2139/ssrn

Mediators And Personal Transformations (A Study)

By Donald L. Swanson A study report on mediators is, “ Becoming the change we wish to see: The unexpected benefits of conflict resolution work,” by Susan Raines, published January 2018 in Conflict Resolution Quarterly, at 319-327. The author begins

Law Review: Nagel, Fabian, Consumer Bankruptcy Audits (October 12, 2024).

Law Review: Nagel, Fabian, Consumer Bankruptcy Audits (October 12, 2024). Ed Boltz Mon, 12/23/2024 - 18:27 Available at: https://ssrn.com/abstract=4991384 or http://dx.doi.org/10.2139/ssrn.4991384 Abstract: Bankruptcy insures consumers against large