ABI Blog Exchange

Book Reviews

Book Reviews Stafford Patterson Mon, 06/03/2024 - 18:36

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, 06/03/2024 - 18:31 Available at Amazon: Unjust Debts: How Our Bankruptcy System Makes America More Unequal But purchasing from your local

Weekly News – May 31

welcome to the jungle private credit: asset stripping, alarm-bells from Jamie Dimon and aggressive PIK features while middle market under pressure, RIP EDVA after Enviva, WeWork exits BK, and much, much, more… ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏

May 2024 Ponzi Scheme Roundup

Below is a summary of Ponzi scheme activity reported for May 2024. There were at least 11 new Ponzi schemes revealed this month and 4 guilty pleas. Ponzi schemers received more than 70 years of prison sentences. The average age of the fraudsters was

Sub V Task Force Report In A Nutshell: Part 5—Subchapter V Discharge & § 523(a)

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 fifth in a series summarizing and condensing the Task Force’s Final Report into “a nutshell.” The subject

Law Review Note: Rylee Stanley, The Poor Man's Problem in Bankruptcy, 55 St. Mary's L.J. 1185 (2024).

Law Review Note: Rylee Stanley, The Poor Man's Problem in Bankruptcy, 55 St. Mary's L.J. 1185 (2024). Ed Boltz Wed, 05/29/2024 - 18:39 Available at: The Poor Man's Problem in Bankruptcy Introduction: This Comment describes how bankruptcy courts

4th Cir.: Bland v. Carolina Lease Management Group Statute of Limitations for UDTPA

4th Cir.: Bland v. Carolina Lease Management Group Statute of Limitations for UDTPA Ed Boltz Wed, 05/29/2024 - 00:32 Summary: Plaintiffs Hank Bland, Kendell Jackson, and Luetta Innis appealed the dismissal of their lawsuit against Carolina Lease

N.C . Ct. of App.: Hurd v. Priority Automotive- Fraudulent Concealment

N.C . Ct. of App.: Hurd v. Priority Automotive- Fraudulent Concealment Ed Boltz Wed, 05/29/2024 - 00:30 Summary: Brad W. Hurd purchased a 2018 Honda Accord from Priority Automotive of Huntersville, Inc., believing it had no accident history based on

Bankr. E.D.N.C.: In re Greene- Denial of Amendment of Order Deeming Mortgage Current

Bankr. E.D.N.C.: In re Greene- Denial of Amendment of Order Deeming Mortgage Current Ed Boltz Wed, 05/29/2024 - 00:25 Summary: In the case of William and Rebecca Greene, the bankruptcy court denied BSI Financial Services' motion to amend an order

SCONC: Midfirst Bank v. Brown- Equitable Subrogation

SCONC: Midfirst Bank v. Brown- Equitable Subrogation Ed Boltz Wed, 05/29/2024 - 00:23 Summary: After purchasing her home In 2000, Betty J. Brown obtained a mortgage in 2004 from First Horizon Home Loan Corporation. In 2010, a judgment in favor of

SCONC: Canteen v. Charlotte Metro Credit Union: Unilateral Addition of Arbitration Provision and Waiver of Class Action

SCONC: Canteen v. Charlotte Metro Credit Union: Unilateral Addition of Arbitration Provision and Waiver of Class Action Ed Boltz Wed, 05/29/2024 - 00:15 Summary: Pamela Phillips opened a checking account with the Charlotte Metro Credit Union in 2013

A False Rationale For Anti-Debtor Interpretations of Subchapter V (Avion & Cleary)

By: Donald L Swanson “ Subchapter V relieves small business debtors from the absolute priority rule.”[Fn. 1] This was the excuse for a contorted grammatical interpretation, against the debtor, of a Subchapter V statute by the Fifth Circuit Court of

Courts Remain Divided on Whether Avoidance Actions are Estate Property That May be Sold

Weekly News – May 24

Special Feature: Ed Altman on Where We Are in the Credit Cycle and Breaking News: What brought down Red Lobster? RAD fees under pressure, Bad policy afoot in Albany, CITGO on chopping block (finally), Fresh Direct & Bayer under Pressure, S&C still in

Bouncing Back From Bankruptcy

How long does it take to recover from bankruptcy? I started to answer the client’s question before I realized that the question was all backward. Recover FROM bankruptcy? No…. It should be: recover THROUGH bankruptcy! Bankruptcy is the tool for

Do it yourself bankruptcy did him in

For a layman filing a bankruptcy without a lawyer, he didn’t do too badly. He got credit counseling and filed the certificate. He completed the schedules fairly well. He even filed a pro se adversary proceeding to enforce the automatic stay when the

4th Circuit: White v. Title Max- Federal Arbitration Act alone does not provide federal jurisdiction

4th Circuit: White v. Title Max- Federal Arbitration Act alone does not provide federal jurisdiction Ed Boltz Fri, 05/24/2024 - 20:38 Summary: Once through the captions and parties (which constitute the first 37 out of 39 pages of this decision)

Law Review: David Y. Kamins, Punishing Debtors in Bankruptcy During COVID-19, 18 Brook. J. Corp. Fin. & Com. L. 247 (2023)

Law Review: David Y. Kamins, Punishing Debtors in Bankruptcy During COVID-19, 18 Brook. J. Corp. Fin. & Com. L. 247 (2023) Ed Boltz Thu, 05/23/2024 - 16:33 Abstract: The 2019 Coronavirus Pandemic (COVID-19) led to widespread government-mandated

5 Lies About Bankruptcy That Enrich Creditors

If the truth will make you free from your debts, your creditors are motivated to lie about bankruptcy. After all, if you think there is no alternative to making payments to them forever, you’ll keep filling their pockets each month. So, there’s no

Sub V Task Force Report In A Nutshell: Part 4—Plan Confirmation & The Silent Class

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 fourth in a series summarizing and condensing the Task Force’s Final Report into “a nutshell.” The