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

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M.D.N.C.: Keller v. Experian- Reinvestigation by CRA under FCRA

M.D.N.C.: Keller v. Experian- Reinvestigation by CRA under FCRA Ed Boltz Mon, 07/15/2024 - 18:14 Summary: Eric Keller initiated a lawsuit against Experian Information Solutions, Inc. ("Experian"), alleging willful and negligent violations of the Fair

Bankr. E.D.N.C: Dupree Farms v. Producers Ag- Jurisdiction for Post-Confirmation Disputes

Bankr. E.D.N.C: Dupree Farms v. Producers Ag- Jurisdiction for Post-Confirmation Disputes Ed Boltz Mon, 07/15/2024 - 18:08 Summary: Dupree Farms, LLC filed for Chapter 11 bankruptcy on January 16, 2018 and subsequently obtained a Whole-Farm Revenue

W.D.N.C.: Biddle v. Grain Technology- Delinquent Credit Reporting due to Failure to Accept Payments by Creditor is an Impermissible Legal Dispute under FCRA

W.D.N.C.: Biddle v. Grain Technology- Delinquent Credit Reporting due to Failure to Accept Payments by Creditor is an Impermissible Legal Dispute under FCRA Ed Boltz Mon, 07/15/2024 - 17:41 Summary: After Grain Technologies locked all of its

M.D.N.C.: Scott v. Full House Marketing- FCRA and Employment Decisions

M.D.N.C.: Scott v. Full House Marketing- FCRA and Employment Decisions Ed Boltz Mon, 07/15/2024 - 17:37 Summary: Derrick Perez Scott was denied employment by Full House Marketing after it obtained a credit report which inaccurately included the

4th. Cir.: Feyijinmi v. Maryland- Nondischargeability of Restitution without Conviction

4th. Cir.: Feyijinmi v. Maryland- Nondischargeability of Restitution without Conviction Ed Boltz Mon, 07/15/2024 - 17:29 Summary: Dedre Feyijinmi was found guilty of welfare fraud and ordered to pay $14,487 in restitution. The state court deferred

How Does Bankruptcy Affect Co-Signers on My Debts in Pennsylvania?

When people are in far more debt than they can handle, they may file for bankruptcy and hopefully get a fresh financial start. If that person had other people co-sign for things like loans, those co-signers might be in some financial trouble of their

Weekly News – July 12

Incora ruling, new data initiative highlights, Purdue tries to regroup, No Soup For You, Enviva lawyers conflicted out, co-op agreements in spotlight, and much, much more… ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏

Why Do ERISA Claims Get Denied in Pennsylvania?

If your employer maintains something like a retirement fund, disability benefits, or health insurance plans for you and other employees, they might be regulated by ERISA. This is a very complicated area of federal law that aims to protect employees

W.D.N.C.: Crypto Colo Center v. Dei Vitae Enterprises: Withdrawal of Reference to Bankruptcy Court

W.D.N.C.: Crypto Colo Center v. Dei Vitae Enterprises: Withdrawal of Reference to Bankruptcy Court Ed Boltz Fri, 07/12/2024 - 21:35 Summary: James and Susan Burton filed a pro se Chapter 13 bankruptcy case on February 22, 2023, disclosing a 98.5%

Companies going bankrupt at the fastest pace since 2020 in historic surge

The New York Post is reporting that "Companies going bankrupt at the fastest pace since 2020 in historic surge". They stated that there is a “historic surge” of corporate bankruptcies underway in the US, as debt-saddled companies struggle to adjust

Non-Compete And Confidentiality Provisions Cannot Be Discharged—Even When The Contract Is Rejected (In re Empower)

By: Donald L Swanson Can non-compete and confidentiality protections in a rejected franchise agreement be discharged in bankruptcy? The answer is, “No,” according to In re Empower Central Michigan, Inc.[Fn. 1] Facts Debtor is an automotive repair

Law Review Note: Sarah Holden, Consumer Protection & Bankruptcy Law—Rewarding Repayment: Removing the Fear from Crushing Student Loan Debt Through Alternatives to Discharge, 46 U. ARK. LITTLE ROCK L. REV. 83 (2023)

Law Review Note: Sarah Holden, Consumer Protection & Bankruptcy Law—Rewarding Repayment: Removing the Fear from Crushing Student Loan Debt Through Alternatives to Discharge, 46 U. ARK. LITTLE ROCK L. REV. 83 (2023) Ed Boltz Wed, 07/10/2024 - 23:20

What is ERISA and How Does it Apply to Pennsylvania Residents?

If you have retirement or disability accounts through an employer, you might have heard of the Employee Retirement Income Security Act, also known as ERISA. This federal law was created in 1974 and applies to how employers must manage various

Does Union Membership Affect SSI in Pennsylvania?

When times get tough, people often look to forms of assistance from public programs or private groups they are a part of. For many, this means filing for Supplementary Security Income (SSI). For others, this might mean getting help through benefits

4th Cir.: Dash BPO v. Lindberg- Dismissal for Failure to Adequately Plead Fraudulent Concealment

4th Cir.: Dash BPO v. Lindberg- Dismissal for Failure to Adequately Plead Fraudulent Concealment Ed Boltz Tue, 07/09/2024 - 19:12 Summary: Dash BPO, LLC's brought claims for fraudulent concealment and under various states' Unfair and Deceptive Trade

W.D.N.C.: Horne v. Credit Acceptance Corp & Horne v. Experian- Pro Se Silence and FCRA

W.D.N.C.: Horne v. Credit Acceptance Corp & Horne v. Experian- Pro Se Silence and FCRA Ed Boltz Tue, 07/09/2024 - 17:38 Summary: In paired cases, Erica Horne brought pro se actions against Credit Acceptance Corp., Experian, Equifax and Transunion

“Should Have Known Better” – Bankruptcy Court Denies Relief to File Late Claims Despite Litigation Having Commenced After Bar Date (US)

File your proof of claim before the bar date. That’s a principle every creditor in a bankruptcy case should adhere by. But on June 7, 2024, the United States Bankruptcy Court for the Southern District of New York may have increased the degree of

Subchapter V’s $7.5 Million Debt Limit Expired: A Return To Congress’s Bias Against Formerly-Successful Entrepreneurs?

By: Donald L Swanson The continuing effort in Congress to extend Subchapter V’s $7.5 million debt limit recently hit a snag. The result: the $7.5 million debt limit for Subchapter V eligibility expired on June 21, 2024, and the Subchapter V debt

Farewell to Chevron Deference

One of the many controversial opinions coming from the Supreme Court at the end of its term was Loper Bright Enterprises v. Raimondo, No. 22-451 (6/28/24) which abolished what is known as Chevron deference. The commentators on the podcasts that I

How Does ERISA Affect Health Insurance Plans in Pennsylvania?

Anyone familiar with ERISA might know that this complex federal law applies to certain employee retirement accounts maintained by employers. Many might not know that ERISA also applies to health insurance plans maintained by employers. While health