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

Weekly News – July 19

“kinder, gentler LMEs”, head-scratcher in Texas Two-Step case, Welcome to the Jungle Alfredo! Hawaiian Electric side-steps BK, League Tables and much, much more… ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏

How to Prove That Asset Declarations Are Truthful in Bankruptcy

When someone files for bankruptcy, the court needs to know what kind of accounts, assets, and other holdings they might have. This information is important as courts need to know if someone is eligible for bankruptcy based on their assets or if they

Don’t Pay Fact Witnesses (With a Surprising Bankruptcy Twist)

I am straying off the strict topic of Bankruptcy law and into an area of general litigation and attorney ethics that has come up in one of my pending cases. When it is OK for a lawyer to pay, or offer to pay, a witness in a pending case? The common

Bankruptcy and the “hard of hearing”

You never know just how a client hears your advice, until you hear yourself quoted back to yourself as the reason for a client doing something stupid. In my case, I’m unclear about whether the message received was really as reported, but it’s made me

Law Review (Economics) Legal, Diego and Eric R. Young. 2024. "Consumer Bankruptcy and Unemployment Insurance." Working Paper No. 24-09. Federal Reserve Bank of Cleveland.

Law Review (Economics) Legal, Diego and Eric R. Young. 2024. "Consumer Bankruptcy and Unemployment Insurance." Working Paper No. 24-09. Federal Reserve Bank of Cleveland. Ed Boltz Thu, 07/18/2024 - 16:26 Available at: https://doi.org/10.26509/frbc-wp

Law Review: Antill, Samuel and Wang, Neng and Jiang, Zhaoli, Creditor-on-Creditor Violence and Secured Debt Dynamics (May 8, 2024).

Law Review: Antill, Samuel and Wang, Neng and Jiang, Zhaoli, Creditor-on-Creditor Violence and Secured Debt Dynamics (May 8, 2024). Ed Boltz Thu, 07/18/2024 - 16:05 Available at: https://ssrn.com/abstract=4821620 Abstract: Anticipating a borrower’s

The “Silent” Creditor Problem In Subchapter V (In re M.V.J. Auto)

By: Donald L Swanson A “silent” creditor in Subchapter V is one who does not vote on the debtor’s plan and does not object to that plan. The “silent” creditor is a problem for Subchapter V cases. The Problem Here’s the problem: Subchapter V plans are

(UK) What is misfeasance trading? What does this mean for directors and their advisors?

For those that are that way inclined (which includes us at #SPBRestructuring!), the 500 plus page Wright v Chappell judgmenthich sets out the BHS wrongful trading claim against its former directors makes for an interesting read. It paints a colourful

Law Review (Economics): Baek, H. Young and Cho, David, Student Loan Relief and Home Purchase

Law Review (Economics): Baek, H. Young and Cho, David, Student Loan Relief and Home Purchase Ed Boltz Wed, 07/17/2024 - 19:10 Available at: https://ssrn.com/abstract=4846753 Abstract: Amid the COVID-19 pandemic, the U.S. Department of Education

After Dismissal of Bankruptcy Case, Here’s What’s Next for Giuliani

After Dismissal of Bankruptcy Case, Here’s What’s Next for Giuliani? Without the protection of Chapter 11, the former mayor and Trump lawyer could have his assets seized and sold by creditors. See the article in the New York Times. The article can be

Law Review (Economics): Zhou, Yijun and Wang, Qingchen, Artificial Intelligence and Debt Collection: Evidence from a Field Experiment (May 29, 2024).

Law Review (Economics): Zhou, Yijun and Wang, Qingchen, Artificial Intelligence and Debt Collection: Evidence from a Field Experiment (May 29, 2024). Ed Boltz Tue, 07/16/2024 - 16:02 Available at: https://ssrn.com/abstract=4847870 or http://dx.doi

What is a Zombie Mortgage and How Can You Fight Back if You Have One?

What is a Zombie Mortgage? Did you think your second mortgage, home equity loan or home equity line of credit was written off and then suddenly had it reappear from the dead after many years? If so, you may have what is called a zombie mortgage. This

Can I File for Bankruptcy in Pennsylvania if I’ve Filed Before?

If your finances have become too much to handle on your own, you can file for bankruptcy for relief. However, you likely worry that this option will not be available to you if you filed for bankruptcy before. Fortunately, Pennsylvania does not put a

Individual Debtor Discharge v. Corporate Debtor Discharge

By: Donald L Swanson Here are a couple discharge-related bankruptcy questions I’ve heard of late, along with an answer. Question 1. Why are individuals, but not corporations, eligible for a Chapter 7 discharge? §727(a)(1) says, “the court shall grant

E.D.N.C.: Atkinson v. National Credit Systems- Personal Jurisdiction for Consumer Rights Claim

E.D.N.C.: Atkinson v. National Credit Systems- Personal Jurisdiction for Consumer Rights Claim Ed Boltz Mon, 07/15/2024 - 23:37 Summary: Mr. Atkinson brought a pro se complaint against Penn Rose Management, which appears to be an apartment management

Law Review Note: Cody Turner, Non-Uniformity is the New Uniformity: Inconsistent Quarterly Fees and Why the Bankruptcy Administrator System Must Go, 40 Emory Bankr. Dev. J. 253 (2024).

Law Review Note: Cody Turner, Non-Uniformity is the New Uniformity: Inconsistent Quarterly Fees and Why the Bankruptcy Administrator System Must Go, 40 Emory Bankr. Dev. J. 253 (2024). Ed Boltz Mon, 07/15/2024 - 19:46 Available at: https:/

Book Review: Jacoby, Melissa- Unjust Debts: How Our Bankruptcy System Makes America More Unequal

Book Review: Jacoby, Melissa- Unjust Debts: How Our Bankruptcy System Makes America More Unequal Ed Boltz Mon, 07/15/2024 - 19:42 Available at Amazon: Unjust Debts: How Our Bankruptcy System Makes America More Unequal But purchasing from your local

4th Cir.: U.S. ex rel Oberg v. Nelnet- Improperly Sealed Pleadings violate the First Amendment

4th Cir.: U.S. ex rel Oberg v. Nelnet- Improperly Sealed Pleadings violate the First Amendment Ed Boltz Mon, 07/15/2024 - 18:30 Summary: Jon Oberg filed a False Claims Act lawsuit in 2007 against various student-loan companies, alleging they

Bankr. E.D.N.C.: In re Wireless Solutions & E.D.N.C.: Gross v. Smartsky Networks- The Automatic Stay Continues to Protect Abandoned Property

Bankr. E.D.N.C.: In re Wireless Solutions & E.D.N.C.: Gross v. Smartsky Networks- The Automatic Stay Continues to Protect Abandoned Property Ed Boltz Mon, 07/15/2024 - 18:23 Summary: These decisions have proceeded in parallel matters, first the

Law Review NOte: John Ellison, Disillusionment of Discharge: The FRESH START Through Bankruptcy Act, 40 Emory Bankr. Dev. J. 291 (2024).

Law Review NOte: John Ellison, Disillusionment of Discharge: The FRESH START Through Bankruptcy Act, 40 Emory Bankr. Dev. J. 291 (2024). Ed Boltz Mon, 07/15/2024 - 18:20 Available at: https://scholarlycommons.law.emory.edu/ebdj/vol40/iss2/4/ Abstract