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

Dynegy Global Settlement Approved

The Dynegy bankruptcy cases have been closely followed because they involved a set of prepetition transfers that were challenged by multiple creditor constituents after the Dynegy debtors filed bankruptcy cases in November of 2011. On Friday, the

U.S. Trustee Program Holds Hearing to Examine Professional Fees

Per the American Bankruptcy Institute's Newsroom: Professional Compensation/Fees June 4, 2012 Business bankruptcy attorneys will look to justify their professional fees at a public hearing today that is part of an examination by the U.S. Trustee

Share Some Music, Compromise Your Company

We are all aware of the dangers of not protecting our data. Seeing first-hand the actual threats in action brought home the impact of security breaches.

Pre Bankruptcy Planning Can Include New Debt For Proper Purpose

A common question during a pre-bankruptcy meeting with a bankruptcy client is whether a debtor can incur any new debt between the time he first meets his bankruptcy attorney and the filing date. The answer has two parts. You cannot...

Director Elections in Focus

It is an unusual annual meeting where Justin Timberlake acts as the Master of Ceremonies and Taylor Swift, Celine Dion, Lionel Ritchie and others perform for over 14,000, mostly employees, in attendance. But the focus at Wal-Mart’s meeting was

Director Elections in Focus

It is an unusual annual meeting where Justin Timberlake acts as the Master of Ceremonies and Taylor Swift, Celine Dion, Lionel Ritchie and others perform for over 14,000, mostly employees, in attendance. But the focus at Wal-Mart’s meeting was

Halt Foreclosure with a Short Sale

People that are looking for a foreclosure alternative may want to try a short sale instead. While a short sale does not help you keep your home, it does help you avoid an actual foreclosure. You first must analyze your motivation before you pursue a

The Daily Docket: Justice Department Presses Attorneys to Justify Fees

Getty Images The Justice Department has grown increasingly restless with attorney fees—often exceeding $1,000 an hour—paid by companies going through a bankruptcy reorganization. Read the Daily Bankruptcy Review article via The Wall Street Journal.

European Sovereign Debt Crisis Is a Wake-up Call for U.S.

Now is the time for fiscal discipline to maintain credibility in international financial markets. As Europe has shown, by the time a country reaches the crisis situation, fiscal austerity might be the best of many unappealing alternatives.

11th Circuit Reverses, Says Court Where Bankruptcy Case Was Filed Has Jurisdiction

ATLANTA - (Mealey's) A panel of the 11th Circuit U.S. Court of Appeals on May 30 reversed and remanded a case and ruled that the bankruptcy court in which a debtor filed its petition has jurisdiction over whether a claim against the estate was


11th Circuit - Debtors Can Strip Wholly Unsecured Second Lien In Chapter 7 Case

In McNeal v. GMAC Mortgage, LLC, et al, No. 11-11352 (11th Cir. May 11, 2012) ( click here for .pdf) the issue before the Court was whether a debtor in a Chapter 7 case can strip a second priority, unsecured lien from her residence. At least in the

Chapter 13 Bankruptcy in Miami: Wipe Out Second Mortgage

Chapter 13 bankruptcy is often used to save a person's home from foreclosure. Under chapter 13, you are allowed to stop the mortgage foreclosure case and catch your mortgage up-to-date. The chapter 13 plan usually involves paying off the mortgage

The Short Sale

The hottest topic in South Florida is the real estate "short sale." Actually a short sale is nothing new, but it now quite the vogue. A short sale basically means that the mortgage lender (or lenders) agree to satisfy its mortgage lien and allow the

A Guide to the Distressed Florida Homeowner Facing Foreclosure

A Guide to the Distressed Florida Homeowner Facing Foreclosure Principal Residence – The following applies generally to principal residences in chapter 13 bankruptcy. The rules as to modification of mortgages on non-principal residences in chapter 13

Reversing Fraudulent Transfers Before Filing Bankruptcy in San Jose

Several weeks ago I posted a piece on this blog outlining what constitutes a “fraudulent transfer” prior to filing bankruptcy and the disastrous consequences such transfers create for the debtor in bankruptcy. Most commonly in the consumer bankruptcy

Questions to Shareholders in Arcapita Bank, II

Yesterday, I posed three questions to shareholders in Arcapita Bank. Due to a lack of transparency, shareholders may have difficulty answering those questions. So today I ask two questions that can be answered based on review of offering documents

Budgeting After Bankruptcy (Part One)

Bankruptcy is about a fresh start, a new beginning. For many people, that means establishing good spending and saving habits. To be sure, not everyone who files bankruptcy does so because of spendthrift ways. But many do. And even those who file

Tax Consequences of Foreclosure or Short Sales of Certain Primary Residences

In December, 2007, Congress passed the "Mortgage Forgiveness Debt Relief Act of 2007" to alleviate tax consequence for some homeowners in foreclosure. The new Act excludes from gross income certain cancelled discharged "qualified principal residence

Questions to Equity Holders in Arcapita Bank

Perhaps equity holders in Arcapita Bank can help answer some basic questions raised by Arcapita's attempts to discharge its obligations in the United States and Cayman? Per Arcapita's website, it has a Shari'ah Supervisory Board. See http://www

India OKs Textile Debt Restructuring

Per http://globalinsolvency.com: India OKs Textile Debt Restructuring Thu., May 31, 2012 A massive restructuring of debt in India's ailing textile sector will likely provide relief to thousands of mills struggling with losses and revive demand for