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

CHAPTER 13 NEW DEBT LIMITS

Based on the expiration of a law, there are now two separate debt limits for Chapter 13 cases. To file a Chapter 13 bankruptcy case, a debtor must have no more than $465,275 in unsecured debt and no more than $1,395,875 in secured debt (only

History & Progress of Subchapter V (Interview With Judge Harner)

By: Donald L Swanson Hon. Michelle M. Harner is Bankruptcy Judge for the District of Maryland. Judge Harner has a long history of work on creating and implementing Subchapter V bankruptcy laws for smaller businesses. That history includes these two

Virginia Mortgage Relief Helped Prevent Foreclosures

Virginia Mortgage Relief HAF Program Runs Out of Money Virginia Mortgage Relief HAF Program was financed by the American Rescue Plan My friend Carrie stopped the foreclosure scheduled for today, June 26, 2024, with a grant from the Virginia Mortgage

Virginia Mortgage Relief Helped Prevent Foreclosures

Virginia Mortgage Relief HAF Program Runs Out of Money Virginia Mortgage Relief HAF Program was financed by the American Rescue Plan My friend Carrie stopped the foreclosure scheduled for today, June 26, 2024, with a grant from the Virginia Mortgage

What The U.S. Supreme Court Did NOT Decide: “The Outer Bounds Of § 1109(b)” (Truck Insurance)

By: Donald L Swanson The U.S. Supreme Court’s opinion is Truck Insurance Exchange v. Kaiser Gypsum Co., Inc., Case No. 22-1079, Decided June 6, 2024. Opinion’s Q & A The Truck Insurance question is this: Whether an insurer with financial

How to Apply for Disability After Surgery in Pennsylvania

Disability benefits may be available for those with a qualifying disability and sufficient work history. If you recently had surgery and cannot return to work for a while, you might qualify for SSDI benefits if your condition meets the government’s

Small Business Bankruptcy Rules get Tighter after US law expiration Reuters

Reuters reports that the debt limit for Subchapter V Bankruptcy for small businesses, initially set at $2.7 million, was temporarily raised to $7.5 million by the Coronavirus Aid, Relief, and Economic Security Act passed in 2020. However, this limit

How Many Months Behind Before You Go Into Foreclosure in Pennsylvania?

As a homeowner, foreclosure is likely high on your list of things to avoid. Unfortunately, many homeowners fall behind on mortgage payments and must face the prospect of foreclosure. Rest assured, creditors cannot foreclose if specific legal criteria

Weekly News – June 21

Robertshaw decision, awaiting Incora’s denouement, Fisker failing, the real fight in Enviva, bringing in the big guns and much, much more… ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏

Law Review: Joseph Peter Gomez, Note, A Bona Fide Dispute: Can Bankrupt Debtors Sell Assets Free and Clear of Federal Civil Forfeiture Claims?, 29 Fordham J. Corp. & Fin. L. 587 (2024).

Law Review: Joseph Peter Gomez, Note, A Bona Fide Dispute: Can Bankrupt Debtors Sell Assets Free and Clear of Federal Civil Forfeiture Claims?, 29 Fordham J. Corp. & Fin. L. 587 (2024). Ed Boltz Fri, 06/21/2024 - 21:14 Available at: https://ir.lawnet

The Department of Labor’s New Overtime Rule: What does it mean for you?

By: Mary Shahverdian Recently, the US Department of Labor (“DOL”) released their final rule, updating the Fair Labor Standards Act (“FLSA”)’s overtime pay requirements. The FLSA sets standards for minimum wages … The post The Department of Labor’s

Sub V Task Force Report In A Nutshell: Part 8—Plan Filing After Debtor’s Removal

By: Donald L Swanson On April 23, 2024, the American Bankruptcy Institute’s Subchapter V Task Force issued its Final Report. This article is the eighth in a series summarizing and condensing the Task Force’s Final Report into “a nutshell.” The

Are There Ways to Prevent a Home Foreclosure in New Jersey?

People often spend years paying off mortgages, and their financial situation might change quite a bit during this time. If you find yourself unable to keep up with payments, talk to a lawyer about how to avoid foreclosure. One way of preventing

The SBA approved millions of loans during Covid. It now sits at the center of a bankruptcy wave. The Business Journals

The Business Journals is reporting that SBA Loans have created a wave of bankruptcy filing. The story can be found at https://www.bizjournals.com/charlotte/bizwomen/news/latest-news/2024/06… Jim

Bankr. E.D.N.C.- In re Goddard- Denial of Confirmation due to Good Faith without regard for Means Test

Bankr. E.D.N.C.- In re Goddard- Denial of Confirmation due to Good Faith without regard for Means Test Ed Boltz Tue, 06/18/2024 - 20:03 Summary: Disregarding (with gratuitous scorn) a long standing case law from its own jurisdiction, including In re

SCOTUS: UST v. John Q. Hammons- Remedy for Violation of the Bankruptcy Uniformity Clause

SCOTUS: UST v. John Q. Hammons- Remedy for Violation of the Bankruptcy Uniformity Clause Ed Boltz Tue, 06/18/2024 - 19:05 Summary: In the follow up to Siegel v. Fitzgerald, 596 U. S. 464, where the Supreme Court found that the disparity in bankruptcy

Re-examining The Means Test Cost of Home Ownership

The real non mortgage expenses of home ownership are nothing like the means test allowances provided. Bankruptcy lawyers need to rise to the challenge of aligning the means test with today’s economic and legal realities. The success of bankruptcy

Conflicting Statutes: ERISA Arbitration & Bankruptcy Claims Allowance (In re Yellow Corp.)

By: Donald L Swanson We have a direct statutory conflict: one statute requires an ERISA dispute to be resolved in arbitration; but a bankruptcy statute requires the same dispute to be resolved in bankruptcy. Which statute should prevail? The

Can I Get Rid of My Medical Bills if I File Bankruptcy?

Medical debt is a major reason that people file bankruptcy. The Consumer Financial Protection Bureau indicates that $88 billion of outstanding medical bills are currently in collections-affecting one in five Americans. According to U.S. News & World

Restructuring: The Right Way | Gordian Group Partners Featured on Fried Frank Webinar

Gordian Group Partners, Peter S. Kaufman, David Herman, and Liam Ahearn are guests on Fried Frank's Financial Restructuring Webinar. Topic: Maximizing value for old equity, including private equity, in financial restructurings The post Restructuring