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

Jamie Dimon Will Have His Comeuppance in 2012

JPMorgan Chase's CEO will have the misfortune of catching a significant amount of fallout from the MF Global mess.

How to Prevent Foreclosure Through Forbearance, Loan Modification or Bankruptcy

It’s a story that’s all too familiar in today’s economic climate: you, or someone you know, have fallen behind on your mortgage payments. Whether you missed your mortgage payments due to a job loss or a skyrocketing adjustable mortgage rate, there’s

Maryland Courts Require More Proof in Debt Collection Cases, Ringing in Some Debt Collection Cheer

In many states, a creditor or debt collector can easily obtain a default judgment with just a person’s name, last known address and Social Security number, and the judgment can follow the person around for years despite that the debt was never proven

Why You Should Not Expect Your Bank to Voluntarily Rewrite Your Loan

Economists of every political stripe agree that our recent recession and lackluster recovery arose from a collapse of real estate markets in cities all over the country. Homeowners are either stuck in properties worth less than what is owed on them

SEC Updates Its Dodd-Frank Governance Rulemaking Schedule

As we remarked back in August 2011, the SEC website with its rulemaking schedule on Dodd-Frank initiatives is changed with little notice, as it has been again. Back in August 2011 we even speculated whether the corporate governance rules would apply

SEC Updates Its Dodd-Frank Governance Rulemaking Schedule

As we remarked back in August 2011, the SEC website with its rulemaking schedule on Dodd-Frank initiatives is changed with little notice, as it has been again. Back in August 2011 we even speculated whether the corporate governance rules would apply

Choosing to File Bankruptcy during Divorce

There may be concerns surrounding bankruptcy and divorce that should be reviewed before progressing through either process. Bankruptcy may be considered in or during a divorce when certain situations arise such as a job loss or medical illness. One

The Daily Docket: AES Eastern Enters Bankruptcy

Debt-laden electric power company AES Eastern Energy LP filed for Chapter 11 bankruptcy with a plan to sell its two upstate New York coal-fired power plants. Read the Daily Bankruptcy Review article via The Wall Street Journal. The year ahead is set

Protecting Employee Wages in Insolvency: Canada Amends the Wage Earner Protection Program Act

NORTH OF THE BORDER UPDATE This article has been contributed to the blog by Steven Golick and Patrick Riesterer. Steven Golick is a partner in the insolvency and restructuring group of Osler, Hoskin & Harcourt LLP, and Patrick Riesterer is an

Financial Reform (Dodd-Frank Act) Watch: Outlook for 2012 and beyond? Tepid

(Continuing my " change is our friend" focus as we start 2012 . . . ) At the fall meeting of the American College of Mortgage Attorneys, Maureen Young gave an insightful overview of financial services reform under Dodd-Frank, and closed with her

Financial Reform (Dodd-Frank Act) Watch: Outlook for 2012 and beyond? Tepid

(Continuing my " change is our friend" focus as we start 2012 . . . ) At the fall meeting of the American College of Mortgage Attorneys, Maureen Young‘s overview of financial services reform under Dodd-Frank contained an insightful outlook for 2012

SEC Updates Its Dodd-Frank Governance Rulemaking Schedule

As we remarked back in August 2011, the SEC website with its rulemaking schedule on Dodd-Frank initiatives is changed with little notice, as it has been again. Back in August 2011 we even speculated whether the corporate governance rules would apply

SEC Updates Its Dodd-Frank Governance Rulemaking Schedule

As we remarked back in August 2011, the SEC website with its rulemaking schedule on Dodd-Frank initiatives is changed with little notice, as it has been again. Back in August 2011 we even speculated whether the corporate governance rules would apply

Unborn Children and the Bankruptcy Means Test: Can You Include Them?

Written by Craig D. Robins, Esq. In order to qualify for filing a Chapter 7 bankruptcy petition, you need to pass the means test, which is designed to prevent those individuals with relatively high incomes from easily eliminating their debts in a

Seventh Circuit Holds Trademark License Not Assignable in Bankruptcy Case

By: Heather Hili St. John’s Law Student American Bankruptcy Institute Law Review Staff Recently, in In re XMH Corp., [1] the Seventh Circuit added trademark licenses to the types of intellectual property that cannot be assigned in bankruptcy without

Retainer Protects Chapter 11 Attorney’s Fees From Disgorgement under Section 726(b)

By: Jonathan Abramovitz St. John’s Law Student American Bankruptcy Institute Law Review Staff Recently, in In re Two Gales, Inc., [1] the United States Bankruptcy Appellate Panel for the Sixth Circuit (the “Panel”) held that 11 U.S.C. § 726(b) is not

Regulatory Stay Exception Does Not Shield Creditor Filing Regulatory Complaint

By: Linda C. Attreed St. John’s Law Student American Bankruptcy Institute Law Review Staff Adopting a narrow view of the section 362(b)(4) [1] “police and regulatory power” exception to the automatic stay, the Bankruptcy Court for the Western

Adult Child’s Tuition Payments Avoidable as Fraudulent Transfers

By: Gregory R. Bruno St. John's Law Student American Bankruptcy Institute Law Review Staff In Gold v. Marquette (In re Leonard), [1] the United States Bankruptcy Court for the Eastern District of Michigan held that college tuition payments could be

The Tax Man Cometh: Plan Confirmation Does Not Free Responsible Officers From Trust Fund Recovery

By: Eric J. Dostal St. John's Law Student American Bankruptcy Institute Law Review Staff Recently, in J.J. Re–Bar Corp. v. United States ( In re J.J. Re–Bar Corp.) [1] the Ninth Circuit held that the Anti–Injunction Act [2] does not bar the post

5 reasons to get a new mortgage in the new year

Need an excuse to get a mortgage in the new year? We have five. Actually, four-and-a-half.