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

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N.C. Ct. of Appeals: East Bay v. Baxley- No Tolling of Statute of Limitations for Judgment Renewal

N.C. Ct. of Appeals: East Bay v. Baxley- No Tolling of Statute of Limitations for Judgment Renewal Ed Boltz Tue, 11/19/2024 - 16:17 Summary: The North Carolina Court of Appeals affirmed the trial court’s dismissal of a complaint by East Bay Company

Appointing A Receiver To Decide Whether To Put Defendant Into A Voluntary Bankruptcy?! (City National v. Louisiana Apple)

By: Donald L Swanson A receiver is appointed to recommend, for the appointing court’s determination, whether to put the defendant into a voluntary bankruptcy proceeding. I don’t remember ever seeing such a thing before! The opinion is City National

Don’t Dismiss FRBP 7041

Quick: tell me all you know about FRBP 7041. Maybe you’re like me and never gave it much thought. My encounter with the rule ended up at the 9th Circuit, so I now know a lot more about how it impacts bankruptcy motion practice. I concluded that the

Weekly News – November 15

Where’s the Beef? Ooops…. What’s the Onion? Delaware on top, Roll-ups topic du jour, Jones Day dopplegangers, 5-8-8-2-3 hundred… Empire, Purdue on verge of settlement while Spirit looks like a crash landing, and much, much more… Creditor Corner for

Law Review: Sara Sternberg Greene et al., Getting to Home: Understanding the Collateral Consequences of Negative Records in the Rental Housing Market, 74 Duke Law Journal 269-352 (2024)

Law Review: Sara Sternberg Greene et al., Getting to Home: Understanding the Collateral Consequences of Negative Records in the Rental Housing Market, 74 Duke Law Journal 269-352 (2024) Ed Boltz Fri, 11/15/2024 - 18:28 Available at: https:/

W.D.N.C.: Demons v. VA & Aalaam v. Movement Mortgage- Vapor Money and Mortgages

W.D.N.C.: Demons v. VA & Aalaam v. Movement Mortgage- Vapor Money and Mortgages Ed Boltz Thu, 11/14/2024 - 17:08 Summary: In the first of these two unrelated cases, Ephraim Demons, representing himself, alleged that his mortgage lender (among others)

W.D.N.C.: Cann v. Bankr of America- Fair Credit Billing Act Dispute Letter

W.D.N.C.: Cann v. Bankr of America- Fair Credit Billing Act Dispute Letter Ed Boltz Thu, 11/14/2024 - 17:06 Summary: The court reviewed Bank of America’s motion to dismiss claims made by Plaintiff D’Voreaux Cann, who alleged violations of the Truth

Chapter 12 v. Subchapter V: Which Should a Farmer Choose?

By: Donald L Swanson Chapter 12 is for farmers. Subchapter V is for main street businesses. But in many circumstances, a farmer could be eligible for relief under both Chapter 12 and Subchapter V. In such circumstances, the question is this: Which

Law Review: Collusive Foreclosure Sales: The Forgotten Legacy of Northern Pacific v. Boyd

Law Review: Collusive Foreclosure Sales: The Forgotten Legacy of Northern Pacific v. Boyd Ed Boltz Wed, 11/13/2024 - 15:58 Available at: : https://ssrn.com/abstract=4692732 or http://dx.doi.org/10.2139/ssrn.4692732 Abstract: In BFP v. Resolution

4th Cir.: Williams v. Brooksby- Bid Rigging at Foreclosure Auctions

4th Cir.: Williams v. Brooksby- Bid Rigging at Foreclosure Auctions Ed Boltz Wed, 11/13/2024 - 15:54 Summary: Brian C. Williams and others sued defendants Craig Orson Brooksby, Lynn Pinder, Tonya Newell, and additional parties, alleging violations of

Bankr. M.D.N.C.: In re Oasis Cigar

Bankr. M.D.N.C.: In re Oasis Cigar Ed Boltz Tue, 11/12/2024 - 15:52 Summary: Diggs Restaurant Group and other creditors argued that Oasis Cigar Club's Chapter 7 filing was unauthorized, as they claimed the company’s members had not voted to approve

Bankr. W.D.N.C.: In re Gabriel Custom Homes

Bankr. W.D.N.C.: In re Gabriel Custom Homes Ed Boltz Tue, 11/12/2024 - 15:51 Summary: Trident, the Debtor’s main creditor, argued that the bankruptcy filings were part of a “scheme to delay, hinder, or defraud creditors,” as outlined in Section 362(d

Is “Projected Disposable Income” An “Absurd” Standard For Plan Confirmation? (Hamilton v. Lanning & Rowley v. Yarnall)

By: Donald L Swanson What does “projected disposable income” mean as a statutory standard for plan confirmation? U.S. Supreme Court—It means what it says In Hamilton v. Lanning, 560 U.S. 505 (2010), the U.S. Supreme Court applies the term, “projected

Economics Review: Catherine, Sylvain and Ebrahimian, Mehran and Yannelis, Constantine, How Do Income-Driven Repayment Plans Benefit Student Debt Borrowers? (October 07, 2024).

Economics Review: Catherine, Sylvain and Ebrahimian, Mehran and Yannelis, Constantine, How Do Income-Driven Repayment Plans Benefit Student Debt Borrowers? (October 07, 2024). Ed Boltz Mon, 11/11/2024 - 15:56 Available at: https://ssrn.com/abstract

4th Cir.: Universal Life Insurance v. Lindberg- Arbitration Award Affirmed

4th Cir.: Universal Life Insurance v. Lindberg- Arbitration Award Affirmed Ed Boltz Mon, 11/11/2024 - 15:38 Summary: The Fourth Circuit Court of Appeals affirmed the district court’s decision granting summary judgment to Universal Life Insurance

Law Review: Schwartz, Alec, The Practical Consequences of Metaphysics: Who Owns a Fraudulent Transfer Claim in Bankruptcy? (July 31, 2024)

Law Review: Schwartz, Alec, The Practical Consequences of Metaphysics: Who Owns a Fraudulent Transfer Claim in Bankruptcy? (July 31, 2024) Ed Boltz Mon, 11/11/2024 - 15:35 Available at: https://ssrn.com/abstract=4912213 or http://dx.doi.org/10.2139

W.D.N.C.: Herlihy v. DBMP- Relief from the Automatic Stay Requires both Bad Faith and Objective Futility

W.D.N.C.: Herlihy v. DBMP- Relief from the Automatic Stay Requires both Bad Faith and Objective Futility Ed Boltz Mon, 11/11/2024 - 15:33 Summary: The District Court affirmed a Bankruptcy Court decision denying appellants' request to lift the

Law Review: Pang, Belisa, Invisible Mortgages in Bankruptcy (June 05, 2024)

Law Review: Pang, Belisa, Invisible Mortgages in Bankruptcy (June 05, 2024) Ed Boltz Mon, 11/11/2024 - 15:27 Available at: https://ssrn.com/abstract=4939831 Abstract: This paper identifies a previously unexplored channel through which bankruptcy

M.D.N.C.: Vaughn v. Navy FCU- Dismissal of Pro Se Consumer Rights Lawsuit

M.D.N.C.: Vaughn v. Navy FCU- Dismissal of Pro Se Consumer Rights Lawsuit Ed Boltz Mon, 11/11/2024 - 15:18 Summary: Vaughn, who represented himself, filed a complex, convoluted and confusing complaint against Navy Federal with numerous claims

Bankr. E.D.N.C.: In re Celebration Cottage AB- Single Asset Real Estate Entity

Bankr. E.D.N.C.: In re Celebration Cottage AB- Single Asset Real Estate Entity Ed Boltz Mon, 11/11/2024 - 15:16 Summary: In Celebration Cottage AB, LLC, the bankruptcy court denied the motion by BIP Canton, LLC to designate Celebration Cottage AB