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

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Blame Consumers? That's Rich, Mr. Kahr

The gods of irony must be alive and well at American Banker. It's hard to think of a better explanation for the tirade against "deadbeats" from Providian founder Andrew Kahr.

Keeping Student Loan Interest Rates Low Is Good, But What We Really Need Is to Reform the Law to Allow Discharge of Student Loans in Bankruptcy

In my last post, I noted the fact that Americans are now saddled with over $1 Trillion in student loan debt, more than all of us combined owe to credit cards. And as I also wrote, Congress has made it next to impossible to discharge student loans in

Massachusetts Bankruptcy Statement of Intentions

On the Massachusetts bankruptcy form there is a whole section regarding the Statement of Intention with respect to secured debts. Secured debts are debts that are secured by the "thing" they financed. This typically includes homes and cars. The

Public Bank Boards Should Establish Formal M&A Committees

One of the obstacles to an acquisition is that the offers never make it to the board. They tend to come first through the target's CEO, who stands to lose a job (and compensation) in any sale.

The Fuller Brush Man

Three Lions/Getty Images “Nothing’s sacred,” Fuller Brush Chief Restructuring Officer Lawrence Perkins told Bankruptcy Beat earlier this year when asked if the company’s famous door-to-door salespeople would survive its bankruptcy. Two months later

What I Learned In San Antonio, And What We Missed

After a long weekend with 900 bankruptcy colleagues, I’ve been thoroughly reminded about all that remains to be learned about this marvelous profession. What did I learn, and what was missing? I took my first bankruptcy case 32 years ago, and looking

Contract Claims Not Necessarily an Ace for Parties Challenging Bankruptcy Court Jurisdiction Under Stern

In the months since the Supreme Court handed down Stern v. Marshall, opinions around the country have interpreted Stern’s effect on bankruptcy court jurisdiction in a variety of situations. Very few, however, have treated in any depth a bankruptcy

Squeeze More Profits Out of Your Bank's Investment Portfolio

An influx of deposits and shortage of lending opportunities have made the investment portfolio's performance more important to a bank's success. Banks can get bigger returns from these portfolios.

The Use of Additional Soliciting Materials for Say-on-Pay Votes

In year two of say-on-pay, we find that companies continue to file additional materials to solicit for favorable votes. These additional materials are generally in the form of a brief letter to shareholders highlighting aspects of executive

The Use of Additional Soliciting Materials for Say-on-Pay Votes

In year two of say-on-pay, we find that companies continue to file additional materials to solicit for favorable votes. These additional materials are generally in the form of a brief letter to shareholders highlighting aspects of executive

The Daily Docket: Dodgers Sale Is Complete

The Los Angeles Dodgers said Tuesday the $2 billion sale of the team and stadium to an investment group headed by Earvin “Magic” Johnson is complete. Read the Daily Bankruptcy Review article here. (Daily Bankruptcy Review and DBR Small Cap are daily

The Note Is All a Lender Needs to Foreclose

In the current environment confusion has sometimes ensued over who is the proper party to commence the foreclosure - or at least over a bank's ability to prove its authority.

CEOs' Meeting with Tarullo is Big Banks' Version of May Day

The Fed's counterparty limit is not so much a banking rule as an indirect antitrust rule. It will create opportunities for smaller institutions to compete. That's the real reason terrified big-bank CEOs are meeting with Fed Governor Tarullo.

The Use of Additional Soliciting Materials for Say-on-Pay Votes

In year two of say-on-pay, we find that companies continue to file additional materials to solicit for favorable votes. These additional materials are generally in the form of a brief letter to shareholders highlighting aspects of executive

The Use of Additional Soliciting Materials for Say-on-Pay Votes

In year two of say-on-pay, we find that companies continue to file additional materials to solicit for favorable votes. These additional materials are generally in the form of a brief letter to shareholders highlighting aspects of executive

Student Loan Debt: The Case for Discharge

It seems pretty clear to me that student loan debt has reached crisis proportions. I’ve posted about the growing amount of student loan debt, which now exceeds credit card debt, and the increasing attention drawn to the issue by politicians

Chapter 13 Can Help You Pay For A Depreciated Home

Under Chapter 13 in both Oregon and Washington, you can reclassify second and third mortgages that aren’t secured by your home’s value into unsecured debts. The reclassification means you only have to pay a portion of them. In most cases, you end up

Debit Interchange Post-Durbin: Some Early Numbers

The Fed released some data on debit interchange fees since the Durbin Amendment went into effect ( here in spreadsheet and here as a memo with more data). It's all still very early numbers, and things may well change. But so far a few noteworthy

Keeping Tax Records

In order to avoid getting into tax debt, you must file your tax returns promptly and accurately. Keeping a file of your transaction records is very important so that you don’t miss out on anything when it’s time to file your tax return. However, they

Government Forfeiture Beats Creditor Claim in Petters Ponzi Scheme

Posted by Kathy Bazoian Phelps When a Ponzi scheme breaks, the government rushes to forfeit the assets that constitute or are derived from proceeds traceable to the crime. At the same time, creditors, thinking that they had properly secured their