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

Supreme Court Won’t Review Petters Conviction

AFP/Getty Images U.S. Supreme Court Building The nation’s highest court won’t review the conviction of Tom Petters, whose business empire once encompassed Polaroid and Sun Country Airlines before his arrest on charges that he ran a massive Ponzi

Be Aware of Con-Artists Claiming to be Debt Collectors

With a struggling economy, more scammers are trying to take advantage of people who are unable to make payments on their bills. Recent news reports alert consumers about scammers calling and claiming to be debt collectors in order to get personal

Repeal Volcker, It Wouldn't Have Saved the Whale

If JPMorgan's losses were from a hedging strategy, they would not have been prevented by the Volcker rule, which specifically permits hedging. The problem is hedging is virtually indistinguishable from proprietary trading.

Bankruptcy Court Reiterates that Assumption and Assignment of an Executory Contract is Protection from Preference Claims

In re Carolina Fluid Handling Intermediate Holding Corp.(Giuliano v. Almond Investment Co.) , Case No. 09-10384 (CSS) (March 14, 2012) (J. Sontchi) Prior to the Petition Date, Almond Products, Inc. (“Almond”) agreed to supply goods and services to

In Defense of Jamie Dimon

The JPMorgan Chase CEO's role as industry punching bag du jour has more to do with bad politics than with bad business.

District Court Reverses Bankruptcy Court's Grant of Leave to File a Late Claim and Remands for Further Proceedings Regarding Whether Appellees Met the "Excusable Neglect" Standard

Hayes Lemmerz International v. Emmons (In re Hayes Lemmerz International, Inc.), Case No. 09-11655 (MFW), Civ. No. 11-143-SLR (April 9, 2012) (J. Robinson) On May 11, 2009, Hayes Lemmerz International, Inc. (“Hayes”) and certain subsidiaries

TOUSA Appeal: 11th Circuit Reinstates Bankruptcy Court’s Fraudulent Transfer Opinion as Against All Defendants

TOUSA involved one of the largest fraudulent transfer litigations in bankruptcy history. The Bankruptcy Court agreed with the Unsecured Creditors’ Committee that both the so-called “New Lenders” and the “Transeastern Lenders” received fraudulent

Article 9 and Bankruptcy Judges

A prior post addressed a proposed amendment to Article 9's official comments stating that the date of an Article 9 filing relates back to the initial filing date even if the debtor did NOT authorize the filing at that time. This post returns to that

Storage Wars and the Credit Practices Rule

A few times I have caught Storage Wars, a television show on A&E. When storage units customers do not pay their fees, the contents are auctioned off by the storage unit company. The show follows professional treasure hunters who bid at these auctions

U.K. Proposes Binding “Say on Pay” and a Limitation on Executive Severance Arrangements

The U.K.’s implementation of “say on pay” in 2002 is widely considered the harbinger of mandatory “say on pay” in the United States. So far, in both countries, the shareholder advisory vote on executive compensation has been non-binding on companies

U.K. Proposes Binding “Say on Pay” and a Limitation on Executive Severance Arrangements

The U.K.’s implementation of “say on pay” in 2002 is widely considered the harbinger of mandatory “say on pay” in the United States. So far, in both countries, the shareholder advisory vote on executive compensation has been non-binding on companies

Collegiate Concern, Investing In Your Future or Life-Long Financial Headache?

At a recent campaign trail stop to the University of Colorado, President Barack Obama stated that college is the best investment you can make. Many Americans believe that statement to be true, even in an economy where recent college grads have a

Bankruptcy Errors to Avoid - Part 1- Missing Creditors

There is one call every bankruptcy lawyer dreads getting from a client after their case has been closed. The call regarding a missing creditor - a creditor not listed on their bankruptcy schedules and now the creditor is making demands for payment or

RadLAX: Further Insight on How the Supreme Court May Approach Credit Bidding

On April 23, 2012, the United States Supreme Court heard oral argument on the RadLAX Gateway Hotel, LLC v. Amalgamated Bank case. On April 24, 2012, we provided a brief summary of the competing arguments made by the debtors and Amalgamated Bank to

What Are the Consequences of Not Filing an Income Tax Return?

The Internal Revenue Service (IRS) often imposes stiff penalties for unfiled returns. Many taxpayers don’t realize that the IRS has ways of learning about income and other financial information when taxpayers fail to file. Most often, a federal

The Daily Docket: Hostess Can’t Shed Union Deals

Associated Press A judge Monday denied Hostess Brands Inc.’s bid to shed deals with its biggest union, the Teamsters, sending the bakery company back to the drawing board as it tries to claw its way out of its second bankruptcy in recent years. Read

How Do We Cash In Virtual Currency?

Having established the viability and popularity of virtual currencies, and with the major financial players now involved, the next step is monetization.

U.K. Proposes Binding “Say on Pay” and a Limitation on Executive Severance Arrangements

The U.K.’s implementation of “say on pay” in 2002 is widely considered the harbinger of mandatory “say on pay” in the United States. So far, in both countries, the shareholder advisory vote on executive compensation has been non-binding on companies

U.K. Proposes Binding “Say on Pay” and a Limitation on Executive Severance Arrangements

The U.K.’s implementation of “say on pay” in 2002 is widely considered the harbinger of mandatory “say on pay” in the United States. So far, in both countries, the shareholder advisory vote on executive compensation has been non-binding on companies

Health insurance 'Sherpa': Agent or broker?

Learn about the middlemen who can help lead you through the hills of health insurance.