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

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E.D.N.C. Ace Funding Source v. Williams Land Clearing- Interlocutory Appeals

E.D.N.C. Ace Funding Source v. Williams Land Clearing- Interlocutory Appeals Ed Boltz Fri, 10/04/2024 - 17:11 Summary: Ace Funding sought interlocutory leave to appeal the denial of its motion to dismiss a case brought by Williams Land Clearing in a

What Happens When Someone Violates a Protection Order in Philadelphia?

Protection orders, usually called “protection from abuse” orders (PFA), are court orders that prevent defendants from contacting certain family members or loved ones. A PFA order may arise in domestic violence cases and is intended to protect victims

4th Cir.: Lyons v. PNC II

4th Cir.: Lyons v. PNC II Ed Boltz Thu, 10/03/2024 - 17:49 Summary: In the case William T. Lyons v. PNC Bank, N.A., the U.S. Court of Appeals for the Fourth Circuit addressed two key issues involving the Truth in Lending Act (TILA) and the Real

Who Controls Debtor’s Attorney/Client Privilege For A Bad-Faith Claim Against Debtor’s Insurer? (Chambers v. State Farm)

By: Donald L Swanson When an individual files Chapter 7 bankruptcy, with a bad-faith claim against Debtor’s insurer as an asset, who controls Debtor’s attorney client privilege? That’s the question in this new opinion: Chambers v. State Farm Mutual

Common Scams and Ways to Protect Yourself

In recent years we have met with many people who have been the victim of financial scams, with some losing significant amounts of money. We have even seen several clients who have lost their entire life savings. As these scams become more

Defense Strategies for Drug Possession in Pennsylvania

What constitutes criminal drug possession is an evolving question, but it can still carry significant consequences in Pennsylvania for a conviction. If you are arrested for drug possession, it is vital to have attorneys defending you who know the

Does Loss Mitigation Stop Foreclosure in Pennsylvania?

If you’re facing foreclosure, stopping it may be your number one priority, and our lawyers may help you succeed through loss mitigation efforts. Loss mitigation can often stop foreclosure, so do not panic if you recently got a letter of intent to

N.C. Ct. of App.: Anhui Omi Vinyl v. USA Opel Flooring- Fraudulent Conveyance under State Law

N.C. Ct. of App.: Anhui Omi Vinyl v. USA Opel Flooring- Fraudulent Conveyance under State Law Ed Boltz Tue, 10/01/2024 - 22:16 Summary: This case involves Anhui Omi Vinyl Co., Ltd. (Omi) suing USA Opel Flooring, Inc. (Opel), previously known as USA

4th Cir.: CCWB Asset Investments v. EBC Asset Investment- Distribution Methods in Federal Receivership

4th Cir.: CCWB Asset Investments v. EBC Asset Investment- Distribution Methods in Federal Receivership Ed Boltz Tue, 10/01/2024 - 16:46 Summary: The case involves a court-appointed receiver tasked with distributing assets recovered from a Ponzi

Why Does Our Federal Legal System Not Want Tort Claimants To Be Paid For Their Injuries? (Purdue Pharma and J&J)

By Donald L. Swanson You’d think it’s immoral or something—or at least it’s in violation of some constitutional principle of great and foundational importance . . . like due process or First Amendment or separation of powers. I’m talking about tort

N.C. Ct. of App.: Adventure Trail of Cherokee v. Owens-Parole Evidence for Lease

N.C. Ct. of App.: Adventure Trail of Cherokee v. Owens-Parole Evidence for Lease Ed Boltz Mon, 09/30/2024 - 19:22 Summary: The dispute arose over a lease agreement between the plaintiff and the mother of the defendant, William Fredrick Owens. The key

W.D.N.C.: Vitalia v. Experian- FCRA Complaint failed to Plead Inaccuracies

W.D.N.C.: Vitalia v. Experian- FCRA Complaint failed to Plead Inaccuracies Ed Boltz Mon, 09/30/2024 - 18:18 Summary: Papa G. Vitalia filed a complaint against several defendants, including Early Warning Services, LLC (EWS), under the Fair Credit

Law Review: Nosal, Jaromir and Stefania, Albanesi, Consumer Default After the 2005 Bankruptcy Reform (June 18, 2024).

Law Review: Nosal, Jaromir and Stefania, Albanesi, Consumer Default After the 2005 Bankruptcy Reform (June 18, 2024). Ed Boltz Mon, 09/30/2024 - 18:13 Available at: https://ssrn.com/abstract=4870978 or http://dx.doi.org/10.2139/ssrn.4870978 Summary

September 2024 Ponzi Scheme Roundup

By Kathy Bazoian Phelps Below is a summary of Ponzi scheme activity reported for September 2024. There were at least 4 new Ponzi schemes revealed this month and 3 guilty pleas. Ponzi schemers received more than 44 years of prison sentences this month

Weekly News – September 27

BREAKING NEWS mega private credit deal but margins under pressure, NJ says “good luck in Texas!”, DirecTV bailing out Dish?, Altice roller-coaster, Avon CDS auction a head scratcher, and much, much more… ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏

Law Review: Foohey, Pamela and Lawless, Robert M. and Thorne, Deborah- Debt on the Ground: The Scholarly Discourse of Bankruptcy and Financial Precarity (May 09, 2024). Annual Review of Law and Social Science

Law Review: Foohey, Pamela and Lawless, Robert M. and Thorne, Deborah- Debt on the Ground: The Scholarly Discourse of Bankruptcy and Financial Precarity (May 09, 2024). Annual Review of Law and Social Science Ed Boltz Sat, 09/28/2024 - 18:39

California Extends Protection For Home Loan Borrowers

One of the home refinance pitfalls for Californians bit the dust. Starting January, 2013, antideficiency laws that protect home loan borrowers from personal liability have been expanded to include a refinanced purchase money loan. If a borrower

Bankr. E.D.N.C.: In re Bowen- Illegal Bankruptcy Petition Preparer

Bankr. E.D.N.C.: In re Bowen- Illegal Bankruptcy Petition Preparer Ed Boltz Fri, 09/27/2024 - 19:04 Summary: In an action brought by the Bankruptcy Administrator, the bankruptcy court sanctioned Informational Services Group, Inc. (ISG), TNT Rapid

Bankr. E.D.N.C.: In re Dupree Farms- Administrative Exhaustion

Bankr. E.D.N.C.: In re Dupree Farms- Administrative Exhaustion Ed Boltz Thu, 09/26/2024 - 17:37 Summary: The decision centers on a dispute over a crop insurance policy, with Dupree Farms alleging that ProAg misrepresented insurance coverage, leading

A 30-Years Sentence For Bankruptcy Crimes? (U.S. v. Colon)

By: Donald L Swanson A new Seventh Circuit Court of Appeals opinion[fn. 1] involves the motion of a federal inmate, who was also a Chapter 7 bankruptcy debtor, for compassionate-release under 18 U.S. § 3582(c)(1)(A). The new Seventh Circuit opinion