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

Lead Lender in a Participation Agreement Is Not an Initial Transferee Under Section 550(a)(1)

In case of apparent first impression, the United States Bankruptcy Court for the District of Kansas has held that a lead lender in a participation agreement, who receives loan payments from a debtor on behalf of all participating lenders, is not the

Lead Lender in a Participation Agreement Is Not an Initial Transferee Under Section 550(a)(1)

In case of apparent first impression, the United States Bankruptcy Court for the District of Kansas has held that a lead lender in a participation agreement, who receives loan payments from a debtor on behalf of all participating lenders, is not the

Arbitration Double Standards

A case out of the Third Circuit demonstrates the frustration that many of us have with the current state of consumer arbitration law. The consumer had purchased a Dell computer that he alleged had design flaws leading to repeated failure of his

Update: Appeals in Monoline Countrywide Cases

We previously covered Justice Eileen Bransten’s rulings in the MBIA v. Countrywide and Syncora v. Countrywide cases (see here and here). Notably, on January 3, 2012, Justice Bransten ruled that plaintiffs in those cases need not establish “a direct

Client Advisory: The Residential Mortgage-Backed Securities Working Group

Our Kelley Drye & Warren LLP colleagues James Keneally and Irene Han have authored a timely client advisory, “ The Residential Mortgage-Backed Securities Working Group.” The advisory summarizes the structure, composition and mission of the RMBS

Weil Takes Pulse of Restructuring World in Annual Survey

Getty Images A slogan meant to buck up British morale as World War II began rumbling across Europe is finding new life with restructuring professionals eyeing the debt crisis that’s currently causing its own tremors on the Continent. “Keep calm and

ISS Issues Additional Explanations for Compensation Evaluations

ISS issued several helpful FAQs to further explain how it will evaluate pay-for-performance, management responses to prior say-on-pay votes and equity compensation plans. A particularly interesting comment indicates that ISS may not be as quick to

ISS Issues Additional Explanations for Compensation Evaluations

ISS issued several helpful FAQs to further explain how it will evaluate pay-for-performance, management responses to prior say-on-pay votes and equity compensation plans. A particularly interesting comment indicates that ISS may not be as quick to

DID YOU FILL OUT YOUR PROOF OF CLAIM FORM CORRECTLY? HOW THE IRS'S FAILURE TO DO SO PREVENTED IT FROM RECOVERING ON A $46 MILLION CLAIM

Peter Jazayeri In November of 2011, the Court of Appeals for the Eleventh Circuit (“11 th Circuit” or “Court”) in United States v. Oscher (In re J.H. Investment Services, Inc.) ruled that the Internal Revenue Service (“IRS”) failed to properly submit

Banks, Hedge Funds Disclose Kodak Debt Holdings

Associated Press Banks, hedge funds and investment firms represented by a group calling itself the ad hoc committee of second lien noteholders divulged their stakes in Eastman Kodak Co.’s lower ranking debt. Bankruptcy law requires investors to

Private Equity Works on Its Image Problem

Bloomberg out with an interesting story about how private equity firms are buying single family homes at foreclosure to rent out. It surprises me that there is real interest in what remains a relatively small scale, highly heterogeneous asset

Can Payday Loans be Discharged in Bankruptcy?

Payday loans allow you to borrow against your next paycheck. When you apply you submit a post-dated check for the amount you borrow including interest fees. Upon getting your paycheck you either pay the loan off in cash or give the company permission

Meet Me at These Meetings? MBA-CREF convention or ABA LPM’s meeting?

If you’d like to step out of this web stuff and actually meet, I’ll be at both of these events in the next few days: the mid-year meeting of the Law Practice Management Section of the American Bar Ass’n (I’m the liaison to this section from the group

The Daily Docket: Lehman Wants to Start Doling Out $10.7 Billion

Lehman Brothers Holdings Inc. said it wants to soon begin distributing about $10.7 billion to its creditors, less than two months after a judge approved the failed investment bank’s historic $65 billion repayment plan. Read the Daily Bankruptcy

Weil Restructuring Outlook Survey: 2012 Results Global Restructuring Community’s Message: Keep Calm and Carry On

For last year’s words belong to last year’s language And next year’s words await another voice. And to make an end is to make a beginning. ~T.S. Eliot~ If only the restructuring community believed T.S. Eliot’s fateful words. January’s annual Weil

New law, insolvency regulation and the rescue culture

The UK insolvency regime began preparing for the 21st century with the Cork Report in 1982. That led directly to the Insolvency Act 1986, introducing the rescue mechanisms of administration and voluntary arrangements. Major refinements followed with

Top 15 Lies About Bankruptcy: Lie #15: There is a Minimum Amount of Debt Required to File for Bankruptcy.

Lie #15: There is a Minimum Amount of Debt Required to File for Bankruptcy. Truth-o-Meter: Theoretically you could file bankruptcy even if you only have $10 in debt, although you would need to have your head examined, since it costs $306 in Court

Top 15 Lies About Bankruptcy. Lie #14: You Can Only File Once for Bankruptcy Protection

Lie #14: You Can Only File Once for Bankruptcy. Truth-o-Meter: The truth is, you can only get one Chapter 7 discharge every 8 years. After 8 years, if need be, you can file a Chapter 7 again. As for filing a case under Chapter 13 of the Bankruptcy

Top 15 Lies About Bankruptcy. Lie #13: You Can’t Get Rid of Back Taxes in Bankruptcy.

Lie #13: You Can’t Get Rid of Back Taxes in Bankruptcy. Truth-o-Meter: We have gotten rid of millions of dollars of back taxes–both federal and state–for our clients. Even if your return was filed late, as long as enough time has passed, the taxes

Top 15 Lies About Bankruptcy. Lie #11: Bankruptcy Won’t Stop Creditors from Harassing You and Your Family.

Lie #11: Bankruptcy Won’t Stop Creditors from Harassing You and Your Family. Truth-o-Meter: This is NOT true. In fact, nothing could be further from the truth. The minute you file bankruptcy, the Bankruptcy Court issues an order telling all of your