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

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A 30-Years Sentence For Bankruptcy Crimes? (U.S. v. Colon)

By: Donald L Swanson A new Seventh Circuit Court of Appeals opinion[fn. 1] involves the motion of a federal inmate, who was also a Chapter 7 bankruptcy debtor, for compassionate-release under 18 U.S. § 3582(c)(1)(A). The new Seventh Circuit opinion

Law Firms Need Mediation Experts and a Mediation Group?

By Donald L. Swanson There is a “need for mediation experts” and “some form of a mediation group in law firms, especially larger practices.” Dennis Klein, “ The Case For Creating A Mediation Department At Your Firm,” Law360, 11/14/2017 [Footnote 1]

Law Review: Argyle, Bronson, Indarte, Sasha, Iverson, Benjamin and Palmer Christopher- Explaining Racial Disparities in Personal Bankruptcy Outcomes

Law Review: Argyle, Bronson, Indarte, Sasha, Iverson, Benjamin and Palmer Christopher- Explaining Racial Disparities in Personal Bankruptcy Outcomes Ed Boltz Mon, 09/23/2024 - 18:37 Available at: http://web.mit.edu/cjpalmer/www/AIIP-Bankruptcy-Bias

E.D.N.C.: Conway v. Palczuk- Law of the Case Doctrine

E.D.N.C.: Conway v. Palczuk- Law of the Case Doctrine Ed Boltz Mon, 09/23/2024 - 18:34 Summary: The District Court affirmed a bankruptcy court's judgment, which held that the Conways, through their lawsuit, violated the discharge injunction

Law Review: Langston, Nicole, Welfare Debt (June 27, 2024). Forthcoming, 113 California Law Review (2025), Vanderbilt Law Research Paper No. 24-30

Law Review: Langston, Nicole, Welfare Debt (June 27, 2024). Forthcoming, 113 California Law Review (2025), Vanderbilt Law Research Paper No. 24-30 Ed Boltz Mon, 09/23/2024 - 16:54 Available at: https://ssrn.com/abstract=4878756 Summary: Past-due

Weekly News – September 20

Double Feature: Sean O’Neal on Genesis and Bruce Richards on the Fed & Tupperware Party, 3rd time is a charm, Yellow shareholders lose out, PE under scrutiny, Avon UCC fights back, and much, much more… ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏

How Genesis Solved the Dollarization Cap Dilemma for Crypto Creditors

In the wave of “crypto winter” bankruptcy cases, the valuation of crypto creditors’ claims has become a key issue. Virtually all crypto debtors “dollarized” claims and capped crypto claims at petition date values. Genesis Global (“Genesis”), however

Law Review: Ozel, N. Bugra, Depositor Confidence and Creditor Rights: Evidence from State Bankruptcy Exemptions (March 15, 2024).

Law Review: Ozel, N. Bugra, Depositor Confidence and Creditor Rights: Evidence from State Bankruptcy Exemptions (March 15, 2024). Ed Boltz Sat, 09/21/2024 - 18:41 Available at: https://ssrn.com/abstract=4866943 Summary: Banking theories highlight the

N.C. Ct. of App.: Patel v. Patel-Assignment of Judgment to One Debt Is Unenforceable

N.C. Ct. of App.: Patel v. Patel-Assignment of Judgment to One Debt Is Unenforceable Ed Boltz Sat, 09/21/2024 - 18:39 Summary: In Patel v. Patel (2024), the North Carolina Court of Appeals reversed a lower court’s decision that granted judgment on

How Long Does it Take to Foreclose on a House in Pennsylvania?

One of the most frustrating parts about foreclosure is that it is a long and complicated process. You might not know when or how it begins or when it can be expected to end. Generally, most people have at least a few months from the time foreclosure

Failing In Bankruptcy To Schedule A Potential Lawsuit—Judicial Estoppel? (LeGree v. City of Waterbury)

By: Donald L Swanson Question: What happens when a Chapter 7 debtor: fails to disclose the existence of claims against third parties; receives a Chapter 7 discharge and a closing of the Chapter 7 case; then, pursues the undisclosed claims by filing a

Bankr. W.D.N.C.: In re Hmok- Voluntary Sale Severs Tenancy by the Entireties

Bankr. W.D.N.C.: In re Hmok- Voluntary Sale Severs Tenancy by the Entireties Ed Boltz Wed, 09/18/2024 - 16:52 Summary: After previously approving the sale of the debtors' home, which was previously owned as tenants by the entirety, the bankruptcy

Weekly News – September 13

Ruling Hertz a lot, Altice Game of Thrones, Co-ops under fire, private credit ETF, Medical Properties Trust inks settlement, and much, much more… ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏

Law Review: Gouzoules, Alexander, Choosing Your Judge (January 29, 2024). SMU Law Review, forthcoming 2024, University of Missouri School of Law Legal Studies Research Paper No. 2024-18,

Law Review: Gouzoules, Alexander, Choosing Your Judge (January 29, 2024). SMU Law Review, forthcoming 2024, University of Missouri School of Law Legal Studies Research Paper No. 2024-18, Stafford Patterson Wed, 09/18/2024 - 00:54 Available at: https

CELSIUS PREFERENCE CLAWBACK ADVERSARY PROCEEDINGS

CELSIUS PREFERENCE CLAWBACK ADVERSARY PROCEEDINGS As many readers of our posts are aware, we have represented numerous former Celsius customers who have been sued in preference clawback actions in Adversary Proceedings in the SDNY Bankruptcy Court

Means Test: Can I File for Chapter 7 Bankruptcy with $100K Income?

Thanks to inflation, you can make over $100,000 and still file for Chapter 7 bankruptcy. Here in Illinois, a married couple without children can make up to $84,000 and still qualify for Chapter 7 bankruptcy. Even a family of 4 can make $120,000 and

ABCs (Assignments for Benefit of Creditors) Are NOT Receiverships—And Should NOT Be Treated As Receiverships!

By: Donald L Swanson I’m serving on a Drafting Committee of the Uniform Law Commission for a uniform law on assignment for benefit of creditors (“ABC”). A draft of such a uniform law is coming together, with lots of input from many people and

Fraudulent Transfer In A Ponzi Scheme: A Mens Rea Requirement Of Actual Fraud? (Kirland v. Rund)

By: Donald L Swanson Question: Must a jury instruction, in a fraudulent transfer lawsuit involving an alleged Ponzi scheme, require a mens rea finding of actual fraudulent intent? That’s a question addressed by the U.S. Ninth Circuit Court of Appeals

ABCs (Assignments for Benefit of Creditors) are an ADR (Alternative Dispute Resolution) Process

By: Donald L Swanson I’m serving on a Drafting Committee of the Uniform Law Commission for a uniform law on assignment for benefit of creditors (“ABC”). A draft of such a uniform law is coming together, with lots of input from many people and

Attorney, Bruce Levitt, to speak at the 2024 Bankruptcy and Restructuring Forum

Bruce Levitt, a partner at Levitt & Slafkes, P.C., will be participating in the 2024 Bankruptcy and Restructuring Forum, organized by the New Jersey State Bar Association (NJSBA) on September 27, 2024. This forum brings together legal professionals