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

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

(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