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

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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

(UK) Revolution Bars: When is a meeting really a meeting?

In his judgment to sanction the restructuring plan (“ RP”) of Revolution Bars [1], Justice Richards proceeded on the basis that the Class B1 Landlords and the General Property and Business Rate Creditors were dissenting classes, notwithstanding that

Which Type of Bankruptcy Stops Foreclosure in NJ?

With foreclosure imminent, it’s important to know all the tools you can use to stop it. While bankruptcy can stop foreclosure, it matters what chapter debtors file and whether or not they see their cases through to the end. Of the bankruptcy chapters

Weekly News – January 31

2025 Symposium Registration Agenda Now Available! Altice Game of Thrones, LSTA addresses doc loopholes, Walgreens on Rx radar, Container Store emerges, Ardagh restructures, and much, much more… Creditor Corner Your weekly curated content from the

January 2025 Ponzi Scheme Roundup

By Kathy Bazoian Phelps Below is a summary of Ponzi scheme activity reported for January 2025. There were at least 5 new Ponzi schemes revealed this month, 3 guilty pleas, and 2 convictions. Ponzi schemers received more than 66 years of prison

Keeping Your House as a Widow in Bankruptcy

Keeping Your House as a Widow Filing Bankruptcy in Virginia One of the tragedies of being a widow is this: You lose the protection for your house that Virginia law gives a married couple filing bankruptcy. After losing her husband, a widow under

Keeping Your House as a Widow in Bankruptcy

Keeping Your House as a Widow Filing Bankruptcy in Virginia One of the tragedies of being a widow is this: You lose the protection for your house that Virginia law gives a married couple filing bankruptcy. After losing her husband, a widow under

BAPCPA: Did It Reduce Credit Card Interest Rates? (A Study)

By: Donald L Swanson BAPCPA harmed honest but unfortunate consumers in these United States. It did so by moving them out of Chapter 7 bankruptcy and into an unworkable Chapter 13 system that few consumers can use effectively in times of economic

Contact Levitt & Slafkes Before You Get Married to Discuss Bankruptcy

SHOULD MY FIANCÉ FILE BANKRUPTCY BEFORE WE GET MARRIED? You’ve found the one. You’ve planned the wedding. You’re ready to walk down that aisle, but you want to know, when your officiant asks, “if you take this person to be your spouse, for richer or

Recovering costs for dealing with fixed charge assets – lessons for practitioners and security holders (UK)

The decision handed down in Pagden and another v Ridgley [2024] EWCH 3047 (Ch) is a helpful clarification on whether agreed costs and expenses incurred by an office-holder in the context of dealing with assets which are subject to a fixed charge in

ABCs & Bankruptcy, Part 3: Common Law ABCs Are Constitutional, But Statutory Bells & Whistles (e.g., Discharge) Are Not (Boese v. King)

By: Donald L Swanson The common law of assignments for benefit of creditors (“ABCs”) has been around for a very long time as an out-of-court process under the law of trusts: debtor is trustor, assignee is trustee, and debtor’s creditors are

New UK Regulations Enhance Insolvency Practitioners’ Access to Data held by Companies House

The Information Sharing (Disclosure by the Registrar) Regulations 2024 (the “ Regulations“) came into force in December 2024. The Regulations enhance insolvency practitioners (including the Official Receiver) (“ IPs“) powers of investigation by

Bankr. E.D.N.C.: In re Steinke- Death of Debtor and Tenancy by the Entireties

Bankr. E.D.N.C.: In re Steinke- Death of Debtor and Tenancy by the Entireties Ed Boltz Tue, 01/28/2025 - 00:19 Summary: Married debtors filed for Chapter 13 bankruptcy on February 16, 2024, with real property owned as Tenants by the Entirety and

4th Cir.: Smith v. Devine- Sanctions for Discovery Abuses and W.D.N.C.: Smith v. Payne: Temporary Withdrawal of Reference for Pre-Trial

4th Cir.: Smith v. Devine- Sanctions for Discovery Abuses and W.D.N.C.: Smith v. Payne: Temporary Withdrawal of Reference for Pre-Trial Ed Boltz Mon, 01/27/2025 - 01:20 Background: BK Racing, LLC filed for Chapter 11 bankruptcy in 2018. Matthew W

Weekly News – January 24

2025 Symposium Registration is Now Open! Advisor Rankings (Gibson nearly overtakes Kirkland…), Musk avoids the ax, Altice end-game, and much, much more… Creditor Corner Your weekly curated content from the Creditor Rights Coalition Over 2,800 member

What Happens in Chapter 13 When You Get Divorced?

Going through bankruptcy is not exactly a pleasant experience. Neither is getting a divorce. Unfortunately, some people end up going through both at the same time. While these are technically separate legal proceedings, your divorce could have

E.D.N.C.: Lewis v. Equityexperts.org II- Class

E.D.N.C.: Lewis v. Equityexperts.org II- Class Ed Boltz Sun, 01/26/2025 - 01:00 Summary: The District Court addressed motions to certify a class action and to extend deadlines in a lawsuit alleging improper debt collection practices under federal and