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

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Lessons Companies Can Learn from CalSTRS “Lessons Learned”

CalSTRS recently released a paper, “Lessons Learned: The Inaugural Year of Say-on-Pay,” in which they detailed their reasons for voting against companies’ 2011 Say-on-Pay proposals. Surprisingly, CalSTRS voted against 23% of the say-on-pay proposals

EU General Court Decision Challenges ING Restructuring Terms

Various media outlets reported on the March 2, 2012 decision of the General Court of the European Union partially upholding ING Groep NV’s challenge to the restructuring terms resulting from state aid measures imposed by EU regulators after the 2008

The Daily Docket: J.P. Morgan Sees Merger for AMR

J.P. Morgan Securities LLC analysts said Wednesday they are “underwhelmed” by AMR Corp.’s standalone restructuring plan and believe it’s more likely that the parent of American Airlines will merge with a competitor. Read the article in Daily

Gimme Shelter: “Transactions Integral to a Sale” Are Given Section 363(m) Protection

Oh, a [third party] is threat’ning My very [deal] today If I don’t get some shelter Oh yeah, [my deal will] fade away. - Rolling Stones, Gimme Shelter The United States District Court for the District of Delaware recently expanded the scope of

The 3 Most Common Reasons Why People File Bankruptcy

Many people ask me why people file bankruptcy in the first place. Too many people still rely on the advice of misinformed friends and family regarding common bankruptcy myths. Bankruptcy is designed to give people a fresh start suffering from

My Friend Says…

Almost every bankruptcy attorney can testify that they have heard “my friend says…” from a potential client or a current client. I explained in my Pigs get Fat and Hogs are Slaughtered in Bankruptcy article that bankruptcy cases are like snowflakes

Tips for replacing your life insurance policy

Finding a new life insurance policy can be a confusing process. Here's what to expect.

Do consumers gain from lower debit swipe fees?

Debit card swipe fees dropped after the Durbin Amendment, but it doesn't mean you benefited.

Refi boom looms as mortgage rates hold steady

As the feds encourage more refinancing, mortgage rates cooperate by holding steady.

Is an annuity right choice for a rich retiree?

Don't hold a wad of cash without a return. Weigh investing in annuities and other alternatives.

Wipe out savings to get rid of your mortgage?

Paying off your mortgage can be satisfying, but not if you must use all of your savings.

B of A's Branch-Based Model Hurts the Poorest Customers

B of A seems to want to replace lost income and offset branch costs by imposing new account fees. Any increase would have the hardest impact on customers with limited capabilities.

Should My Business File Chapter 11? Ask Yourself These 5 Questions

As a business owner, I can tell you that operating your own ship is one of the most exciting and frightening things you’ll ever do, but the rewards are immeasurable (well, almost immeasurable). Almost every business will experience some lull in

Consultant Enters Bankruptcy Fight Between Lehman, Swiss Unit

Getty Images A former Department of Commerce official is weighing in on the legal dispute Lehman Brothers Holdings Inc. is locked in with its former Swiss derivatives subsidiary over billions of dollars in guarantees and intercompany loans. Robert

Even Bankruptcy Court’s Equity Power Doesn’t Trump Conditions Precedent to the Payment of $500 million

Bankruptcy Courts may be courts of equity, but a recent decision by the United States District Court for the Southern District of New York holds that even equity can’t trump the plain words of a settlement agreement. In the latest decision in the

Texas State Court Gets Judicial Estoppel Right

The Dallas Court of Appeals has published a new decision correctly applying the doctrines of judicial estoppel and standing relating to a cause of action omitted from a bankruptcy filing. Norris v. Brookshire Grocery Company, ___. S.W.3d ___ (Tex

Welcome to The Insolvency Blog

Welcome to The Insolvency Blog, a blog from Thompson & Knight LLP's Corporate Reorganization and Creditors' Rights Practice Group. This blog will feature topics of interest on bankruptcy cases, corporate reorganizations, restructurings (workouts)

How to Stop Pre-Approved Credit Cards and Insurance

Now, I certainly don’t blame you for wanting to get rid of these offers. It is amazing how many we get each week. I used to think that I was something special to get so many credit card companies wanted me to enroll. I’ve learned the error of my

Bankruptcy Judge: Chrysler Needed Bankruptcy

An ABC news interview with former federal bankruptcy judge Arthur J. Gonzalez, who oversaw the bankruptcy case of Chrysler, sheds new light on the role bankruptcy played for the big automaker. According to Gonzalez, the bankruptcy filing was

In re Seafort, Case No. 10-6248, Sixth Circuit Court of Appeals, February 15, 2012

On an issue of first impression before the Sixth Circuit, the Court held that post-petition income that becomes available after a debtor completes repayment of a 401(k) loan is projected disposable income that must be turned over to the Trustee for