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

Couple frets over daughter's card, their scores

Can co-signing daughter's credit card damage parents' stellar credit scores?

How do I choose a 529 college savings plan?

First decide what type of 529 plan you want, then research the plans of your state and others.

Leap day: Dollars and cents of a day

Today's Feb. 29. What’s an extra day worth to you?

8 tips for a successful open house

Lose the lookie loos. Here are some ways to attract serious buyers to your home.

Guidance from the First Department on Discovery Cost-Shifting in GreenPoint MBS Case

Today, the Appellate Division, First Department issued a decision in U.S. Bank National Association, et al. v. GreenPoint Mortgage Funding, Inc. that held that as an initial matter, the producing party must bear the costs of production (including

Second Circuit Expands Settlement Payment Defenses

By: Tianja Samuel St. John’s Law Student American Bankruptcy Institute Law Review Staff In In re Enron Creditors Recovery Corp., [1] the Second Circuit greatly expanded the settlement payment defenses of section 546(e) of the Bankruptcy Code (the

Declaring Bankruptcy in Dallas: When Should You Stop Paying Your Bills?

Let’s face it: you dream of the day when you can finally finish paying your bills and declare yourself as debt-free. But with the shape your personal finances are in, you don’t foresee that day coming for a long time. So instead of declaring

Stop Whining, Start Self-Regulating

Consider the 2007 fiasco when JetBlue Airways left passengers stranded on the runway for 11 hours during an ice storm at JFK. Less than a week later, JetBlue created its own customer bill of rights.

Utah Court of Appeals Rules that the Duty of Good Faith and Fair Dealing Cannot be Used to Vary the Clear Terms of a Contract

In its decision in Keybank National Association v. Systems West Computer Resources, Inc., 2011 UT 324 (2011) reiterated and strengthened prior rulings from Utah’s appellate courts that evidence supporting a claim of breach of the duty of good faith

Second Circuit: Bank of America Settlement Challenges Will Be Heard in State Court

Yesterday, the Second Circuit Court of Appeals issued its decision on whether the challenges to the Bank of America RMBS settlement should be heard in federal or state court. We posted recently about the February 15, 2012 oral argument that focused

A Call To Action To All Bankruptcy Lawyers

My call to the inept bankruptcy practitioners to get better or get out spawned some surprising push back. I spoke bluntly about what I saw as harm to the public from less than competent or committed bankruptcy attorneys. Most reaction was supportive

Debtor Cannot Reject Lease Until It Surrenders the Premises to the Landlord, Even Where Subtenant is the Continued Occupant

In re Amicus Wind Down Corporation, Case No. 11-13167 (KG) (Jointly Administered), (February 24, 2012) (C.J. Gross) On March 17, 2008, Friendly Ice Cream Corporation (“Friendly” or “Debtors”) and Park Tysen Associates LLC (the “Over-Landlord”)

Debtor Cannot Reject Lease Until It Surrenders the Premises to the Landlord, Even Where Subtenant is the Continued Occupant

In re Amicus Wind Down Corporation, Case No. 11-13167 (KG) (Jointly Administered), (February 24, 2012) (C.J. Gross) On March 17, 2008, Friendly Ice Cream Corporation (“Friendly” or “Debtors”) and Park Tysen Associates LLC (the “Over-Landlord”)

US Trustee Investigation of Mortgage Servicing in Bankruptcy

In re Subpoena Duces Tecum, 461 B.R. 823 (C.D.Cal. 2011) – Investigation of Mortgage Servicers Oftentimes debtors think of the US Trustee as someone who is monitoring them. It is easy to forget that the US Trustee’s Office role is to oversee and

The Aftermath of Stern v. Marshall: The Bankruptcy Court's Power to Hear and Decide Fraudulent Transfer

Lora Epstein Alan Root Regina StangoKelbon For decades, bankruptcy courts have been hearing and entering final judgments in fraudulent conveyance and preference actions with little question as to their authority to do so. However, in June of last

Stating a Cause of Action on an Avoidance Action After Iqbal

Pleading a claim to recover a preferential transfer is one of the most basic bankruptcy causes of action. Merely by establishing the date, amount and recipient of the transfer, the plaintiff can establish that a transfer was made, within 90 days

Consumer Protection Rules Announced by CFPB

The Consumer Financial Protection Bureau, an organization created by the Doddd-Frank Wall Street Reform and Consumer Protection Act, has announced rules to regulate and oversee some of the bigger players in the debt collection and credit reporting

The Daily Docket: A&P Wins Bankruptcy Plan Approval

A judge on Monday approved Great Atlantic & Pacific Tea Co.’s plan to exit bankruptcy proceedings as a leaner grocery chain by both store count and cost of labor, more than a year after the owner of A&P and other supermarkets filed for Chapter 11

Common Mistakes that Can Derail Your Dallas Bankruptcy

Filing for a Dallas bankruptcy should be a straightforward, relatively painless process. All you have to do is report your liabilities and assets to your Dallas bankruptcy attorney, ensure that you follow his or her advice carefully, and wait for

Bankruptcy Court Remains the Port of Call for Breach of Contract Claims Remain in Shipping Debtor’s Case

In a recent decision out of the United States Bankruptcy Court for the Southern District of New York, In re Containership Co., No. 11-12622 (Bankr. S.D.N.Y. Feb. 10, 2012), Judge Lane found that the Federal Maritime Commission (“FMC”) does not have