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

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Lenders & Leases: Spotting a “Troubled” Tenant – the need for “forensic” leasing

Whether you’re a loan originator, or a loan servicer, reviewing a commercial lease (or amendments) becomes more challenging in tough real estate markets simply because there are more tenants in distress – and you need to identify them. So, are there

The Daily Docket: MF Global Lawyer To Break Her Silence

A House subcommittee said a top lawyer at J.P. Morgan Chase & Co. will testify at a highly anticipated hearing Wednesday into the collapse of MF Global Holdings Ltd. Read The Wall Street Journal story here. Ahern Rentals Inc. said it needs more time

What is a motion to dismiss and what do I do when one is filed?

A motion to dismiss can be filed by a number of parties, including the trustee, a creditor, or even a voluntary motion to dismiss filed by the parties. Here we will focus on motions to dismiss by the trustee. This motion is basically the trustee

Chapter 13 Hardship Discharge

On occasion, there are circumstances that prevent a debtor from being able to continue making their chapter 13 payments. In very limited circumstances, the debtor(s) may qualify for a hardship discharge. If a debtor does qualify, the chapter 13 would

Madoff Trustee’s Settlement With Picower Is Upheld by Court

Per Bloomberg's coverage (reproduced below), the United States District Court for the Southern District of New York has upheld the settlement between Jeffry Picower's estate and Irving Picard.I was in court watching as the Honorable Bankruptcy Judge

Madoff Feeder Fund’s Liquidators Drop Ernst & Young Lawsuit

Per Bloomberg: Madoff Feeder Fund’s Liquidators Drop Ernst & Young Lawsuit By Chris Dolmetsch - Mar 26, 2012 12:05 PM ET The liquidators of M-Invest Ltd., a so-called feeder fund for Bernard Madoff’s bankrupt investment firm, dropped a lawsuit

UK Retailer Game Enters Administration

Per http://globalinsolvency.com: UK Retailer Game Enters Administration, 2,100 Jobs Cut Tue., March 27, 2012 British video games retailer Game has collapsed into administration, the latest household name to fall by the wayside in the consumer

Principal Reduction and Strategic Default

Moral hazard, moral hazard, moral hazard.... How often have we heard that as a reason for why principal reductions can't be done. As if it were the worst thing in the world. As an initial matter, we don't have to do principal reduction in a way that

USAA Is a Model for the Post-Branch Future

I was at the counter of the local UPS store notarizing a document when I was shocked by the comment of another person standing nearby: "I would like to make a deposit."

Don't you dare deduct these expenses!

Steer clear of certain deductions or risk the ire of the IRS. But note these exceptions.

Is my Social Security at risk over VA loan?

Are your government benefits safe if you walk away from a Veterans Affairs-backed mortgage?

Do you want an MBA or different set of initials?

Earning an MBA or financial certification can be great for your career. Which is best for you?

Use cash-out refinancing to pay $20,000 debt?

Yes, to refinancing. No, to taking cash out. The refi can help to pay your debt in another way.

Act now to prepare for an easy retirement

It is important for you to start saving for your retirement now.

6 facts every woman should know about credit

Whether you're dating, marrying or divorcing, it pays to have a good relationship with credit.

Recovering Social Security tax and FICA overpayments

If you changed jobs last year, you may have had too much Social Security tax withheld. Here's how to get it back.

How Does Bankruptcy Affect Child Support?

Whether you’re receiving child support payments from someone who is set to file bankruptcy or you’re responsible for making child support payments, you may wonder what affect the bankruptcy process will have when it comes to receiving or making

Calling DeMarco's Bluff? Use the GSEs' Market Power to Force 2d Lien Write Downs

There's been mounting pressure on the acting head of the FHFA, Ed DeMarco to order Fannie Mae and Freddie Mac to undertake principal reductions. DeMarco's pushed back, arguing that it's not fair for the GSEs to write-down principal when there are

Ratifying Non-Disclosure Agreements by Conduct

When the Texas bankruptcy judge reviewing the Vitro plan of reorganization recently enjoined state court collection proceedings by certain of the Company’s noteholders, he left unaddressed the Company’s allegations that the holders had leaked

Banks' Response to Ability-to-Pay Reg Is Obtuse

Lawyers, compliance experts and model builders came up with new credit screens based on estimates of income. This additional step has led to much more cost and much less credit.