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

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Weekly News – September 6

Red Lobster emerges, another private credit LME in Khoros? private credit to the rescue in Carestream Dental, Dish making moves, lots of data to download and much, much more… ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏

Bankruptcy Boom: Why More Young Adults Are Drowning in Debt!

Bankruptcy Boom: Why More Young Adults Are Drowning in Debt! Forbes has a very interesting and informative article about young adults, debt and surging bankruptcy filings by young people. The article can be found at https://www.forbes.com/advisor

Creative Grammaring in Subchapter V: Getting It Wrong (In re Cleary & In re Premier)

By: Donald L Swanson “A discharge under section 727, 1141, 1192 [Subchapter V], 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt— . . .” 11 U.S.C. § 523(a) (emphasis added). Bankruptcy courts applying

Book: Zackin, Emily & Thurston, Chloe - The Political Development of American Debt Relief

Book: Zackin, Emily & Thurston, Chloe - The Political Development of American Debt Relief Ed Boltz Thu, 09/05/2024 - 03:17 Available at: https://press.uchicago.edu/ucp/books/book/chicago/P/bo215476067.html Summary: A political history of the rise and

Many Small Businesses Struggle with COVID-19 EIDL Loan Repayment

Many Small Businesses Struggle with COVID-19 EIDL Loan Repayment Recent reports highlight a growing concern for small businesses that received Economic Injury Disaster Loans (EIDL) during the COVID-19 pandemic. According to a Fast Company article, a

“Federal Policy Favoring Arbitration” Is Actually “To Make Arbitration Agreements As Enforceable As Other Contracts, But Not More So” (Brown & Sundance)

By: Donald L Swanson A recent bankruptcy opinion[fn. 1] recites the following arbitration policies under the Federal Arbitration Act (“FAA”), based on an old U.S. Supreme Court opinion[fn. 2]: “The FAA is rooted in the notion that arbitration

Celsius Preference Claw back Adversary Proceedings: To Settle or to Fight?

As many of our readers are aware, Jim Shenwick, Esq., a New York State licensed Bankruptcy attorney with extensive crypto experience, is representing numerous Celsius customers who have been sued in preference claw back adversary proceedings. One of

Weekly News – August 30

Labor Day Edition! Testing Double-dips, Big Lots & Azul hit the skids, big winners in Lumen, net short lender provisions on the rise and much, much more… ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏

August 2024 Ponzi Scheme Roundup

By Kathy Bazoian Phelps Below is a summary of Ponzi scheme activity reported for August 2024. There were at least 9 new Ponzi schemes revealed this month. Ponzi schemers received more than 111 years of prison sentences. The average age of the

Bankr. E.D.N.C.: In re Lyles- Violation of the Automatic Stay

Bankr. E.D.N.C.: In re Lyles- Violation of the Automatic Stay Ed Boltz Fri, 08/30/2024 - 19:40 Summary: The Lyles brought a motion for sanctions against Corey Heating, Air Conditioning, & Plumbing Inc. (Corey Inc.) for violating the automatic stay

N.C. Ct. of App.: Myers v. Broome-Edwards- Self-Help Eviction as Unfair and Deceptive Practice

N.C. Ct. of App.: Myers v. Broome-Edwards- Self-Help Eviction as Unfair and Deceptive Practice Ed Boltz Fri, 08/30/2024 - 14:47 Summary: The North Carolina Court of Appeals affirmed the trial court's decision, which found that the defendants, Sandra

“Ending Corporate Bankruptcy Abuse Act”: Three Strikes Already!

By: Donald L Swanson A new, bipartisan bankruptcy bill in the U.S. Senate purports, according to an official document, to: “deter the Texas Two-Step”; and “ensure injury victims have a chance to be heard in court.” In my lexicon, this bill already

E.D.N.C.: Hagins v. Carrington Mortgage- Frivolity Review

E.D.N.C.: Hagins v. Carrington Mortgage- Frivolity Review Ed Boltz Tue, 08/27/2024 - 16:56 Summary: The court reviewed Marquita Hagins' pro se application to proceed in forma pauperis and her associated complaint. The court allowed her application

Mediation Confidentiality: How to Get Your Hands Slapped With a Sledge Hammer

By Donald L. Swanson Attorneys make mistakes. It happens. Here’s a case where two competing attorneys each violate a court rule on mediation confidentiality: In re Anonymous, 283 F.3d 627 (4th Cir. 2002). The hand-slap The two attorneys get hauled

Law Review: Sousa, Michael D., Seizing Welfare from the Bankrupt (August 22, 2024). U Denver Legal Studies Research Paper Forthcoming, University of Cincinnati Law Review, Volume 93, No. 2., 2024,

Law Review: Sousa, Michael D., Seizing Welfare from the Bankrupt (August 22, 2024). U Denver Legal Studies Research Paper Forthcoming, University of Cincinnati Law Review, Volume 93, No. 2., 2024, Ed Boltz Mon, 08/26/2024 - 20:10 Available at: https

Weekly News – August 23

Goldilocks again! Incora new money claims go poof, private credit flexes its muscles, Judge Jones in the hot seat, and much, much more… ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏

Money Startups Are Booming--but So Are Bankruptcies INC.

Startups Are Booming--but So Are Bankruptcies. See the article at Inc. https://www.inc.com/chris-morris/bankruptcies-vc-backed-startups-rising… Jim Shenwick, Esq 917 363 3391 jshenwick@gmail.com Please click the link to schedule a telephone

Use and Abuse (?) of Restructuring Proceedings in Poland – How can Creditors Protect their Rights?

The statistics are clear that the number of restructuring proceedings in Poland is on rise. Among all types of restructuring proceedings available in Poland, the procedure which is of most interest is the approval of an arrangement, primarily because

Does A Canadian Retirement Plan Qualify For A Bankruptcy Exemption Tied To I.R.C. Requirements (Green v. Leibowitz)

By: Donald L Swanson Question: Can a retirement fund organized under Canadian law qualify for a state law exemption requiring that it “qualify as a retirement plan” under the Internal Revenue Code? This question gets all the way to the U.S. Seventh

Understanding 3 Common Types of Bankruptcy Litigation

Bankruptcy law can be a complex area of law and can involve litigation. It is important to understand the types of litigation that can occur during bankruptcy. In a bankruptcy, creditors have the right to file a lawsuit asking that their particular