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

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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

4th Circuit: In re Bestwall- Contempt and Sanctions related to Discovery is not a Final Appealable Order

4th Circuit: In re Bestwall- Contempt and Sanctions related to Discovery is not a Final Appealable Order Ed Boltz Wed, 05/22/2024 - 20:06 Summary: Bestwall, LLC filed for Chapter 11 bankruptcy in November 2017 to address asbestos-related claims and

Assume and Wait – Delaware Bankruptcy Court Approves Debtors’ Novel Lease Assumption Strategy (US)

When a liquidating debtor seeks to assume a lease, one of the lessor’s immediate questions is who will be the assignee. But what happens when a liquidating debtor seeks to assume a lease and waits up to two years thereafter to determine who the

Lakelaw Celebrates 25-Year Anniversary!

This month marks the 25th anniversary of Lakelaw! From a tiny office in Steve Simonian’s suite in Waukegan, Illinois, Lakelaw grew to five offices along the shore of Lake Michigan from Chicago to Milwaukee, Wisconsin. Our team of bankruptcy lawyers

“Projected Disposable Income” Means What It Says (In re Packet Construction)

By: Donald L Swanson The opinion is In re Packet Construction, LLC, Case No. 23-10860 in the Western Texas Bankruptcy Court (issued April 30, 2024, Doc. 103). Subchapter V Issue & Ruling Here’s the issue raised by the Subchapter V Trustee’s plan

Weekly News – May 17

Red Lobster on the chopping block, Judge Isgur stepping down, ConvergeOne exclusive opportunism, Diamond Sports behind in the count, cracks in private credit, and much, much more… ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏

Sub V Task Force Report In A Nutshell: Part 3—Compensating Debtor’s Attorney After Debtor Removed From Possession

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

US Trustee Investigating Possible Scheme to Take Debtors’ Equity in Real Property in Multiple Cases; Lawyer Sanctioned

In a very detailed 91-page Order entered in the Northern District of Georgia- and adopted by all Judges in the District – Judge Sacca addressed serious concerns of the United States Trustee over the handling of a Chapter 13 case by the Debtor’s

Hazards Of Carelessness In Bankruptcy Fee Agreements (In re Aquilino)

By: Donald L Swanson There is a lesson for all debtor attorneys in the Chapter 7 case of In re Aquilino.[Fn. 1] The moral of the In re Aquilino story is this: a little carelessness in describing and disclosing bankruptcy fees in a Chapter 7 case can

Am I Entitled to Surplus Funds After a NJ Foreclosure?

Introduction If you are a homeowner facing foreclosure, the experience can be very overwhelming and upsetting. There is, however, a little known process that can give you some hope—recovering surplus funds. If your property sells at Sheriff Sale for

Weekly News – May 10

Steward and Sam Ash hit BK, FTX recoveries to the moon, retention battles heat up, Adam Neumann out, Tony Yoseloff speaks up, CRE stress, and much, much more… ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏

Arizona Family Law Issues & Cohabitating Co-Parents

Arizona Family Law Issues & Cohabitating Co-Parents The cost to buy a home or rent an apartment has shot up throughout Arizona in recent years. When two parents want to break up and separate households, it has become more difficult than ever thanks

Gordian President Peter Kaufman Interview with M&A TV

Gordian Group President Peter Kaufman discusses how Gordian's focus on companies and sponsors and its unique niche in the restructuring space being the only investment bank that does not represent financial creditors The post Gordian President Peter

Peter Kaufman on Fox Business News, “Economy Good Enough for Interest Rate Hikes?”

The post Peter Kaufman on Fox Business News, “Economy Good Enough for Interest Rate Hikes?” appeared first on Gordian Group, LLC.

Sub V Task Force Report In A Nutshell: Part 2—Future Rents & Eligibility Calculation

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

How Much Do You Have to Be in Debt to File Chapter 7?

If you find yourself struggling with debt, you may be considering filing for bankruptcy. Bankruptcy can provide a fresh start and the opportunity to rebuild your financial life. But how much debt do you need to have in order to qualify for a Chapter

Subject Matter Jurisdiction: An Assignment For Benefit Of Creditors Requirement (In re Vernon Hills)

By: Donald L Swanson Delaware’s Court of Chancery has no subject matter jurisdiction over an assignment for benefit of creditors proceeding when the debtor/assignor is an Illinois corporation with no assets or operations in Delaware, even when its

SubV Chapter 11 Bankruptcy Debt Limit

The SubV Chapter 11 Bankruptcy Debt Limit Historical Background: Prior to passage of the Cares Act, the debt limit for SubV Chapter 11 cases was $2,725,625. With passage of the Cares Act, the debt limit was raised to $7.5 million thru June 21, 2024