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

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Stop Creditor Harassment

There are laws and regulations in place to offer relief to those who find themselves overwhelmed by debt and to give them hope that a resolution can be found. These laws also to preclude creditors and debt collectors from acting in a harassing manner

An In-Court Dispute Over Mediation Confidentiality (In re Barrets Minerals)

By: Donald L Swanson You don’t see this very often: a dispute over the confidentiality of mediation communications. But such a dispute recently happened in In re Barretts Minerals, Inc., Case No. 23-90794, Southern Texas Bankruptcy Court. And the

Don’t Let Social Media Ruin Your Bankruptcy Case!

Social media sites such as Instagram, Facebook and TikTok continue to grow in popularity. These sites have impacted many aspects of society, including the practice of bankruptcy law. While social media sites give people a chance to connect with

4th Cir.: Ford v. Sandhills Medical- Data Breach not Related To Protections for the Provision of Medical Services

4th Cir.: Ford v. Sandhills Medical- Data Breach not Related To Protections for the Provision of Medical Services Ed Boltz Mon, 04/15/2024 - 22:20 Summary: Ford brought claims against Sandhills for negligence, breach of implied contract, invasion of

Research Paper: Murto, Michael, Student Loans and College Majors- The Role of Repayment Plan Structure (February 22, 2024). Consumer Financial Protection Bureau Office of Research Working Paper No. 24-01

Research Paper: Murto, Michael, Student Loans and College Majors- The Role of Repayment Plan Structure (February 22, 2024). Consumer Financial Protection Bureau Office of Research Working Paper No. 24-01 Ed Boltz Mon, 04/15/2024 - 21:11 Abstract

N.C. Ct. of App.: Dan King Plumbing v. Harrison- New Jury Trial following Appellate Remand

N.C. Ct. of App.: Dan King Plumbing v. Harrison- New Jury Trial following Appellate Remand Ed Boltz Mon, 04/15/2024 - 19:36 Summary: The dispute originated from plumbing and HVAC services provided by Dan King at Harrison's home. After services were

Research Paper: The Effects of Medical Debt Relief: Evidence from Two Randomized Experiments Raymond Kluender, Neale Mahoney, Francis Wong, and Wesley Yin NBER Working Paper No. 32315

Research Paper: The Effects of Medical Debt Relief: Evidence from Two Randomized Experiments Raymond Kluender, Neale Mahoney, Francis Wong, and Wesley Yin NBER Working Paper No. 32315 Ed Boltz Mon, 04/15/2024 - 18:39 Abstract: Two in five Americans

Bankr. E.D.N.C.: In re Billy Haddock & Son Farms- Approval of Settlement

Bankr. E.D.N.C.: In re Billy Haddock & Son Farms- Approval of Settlement Ed Boltz Mon, 04/15/2024 - 17:55 Summary: The United States Bankruptcy Court, Eastern District of North Carolina, considered a Motion to Approve Compromise where defendants

How to Compromise an SBA Defaulted Loan that has been transferred to Treasury Offset Program (TOP)

How to Compromise an SBA Defaulted Loan that has been transferred to Treasury Offset Program (TOP) In a prior blog post we discussed “How to Recall Defaulted SBA Loan from Treasury Offset Program TOP” which blog post can be found at https://shenwick

Why listening is a bankruptcy lawyer’s superpower

The initial meeting with a prospective bankruptcy client is the most important work I do as a bankruptcy lawyer. It’s also the hardest. The results of that meeting lay the groundwork for the entirety of the case. The challenge is establishing rapport

4th Cir.: Harrell v. DeLuca- Summary Judgment regarding Fraud

4th Cir.: Harrell v. DeLuca- Summary Judgment regarding Fraud Ed Boltz Mon, 04/15/2024 - 08:59 Summary: The Harrells alleged that DeLuca made false representations about the property and sued for fraudulent inducement, constructive fraud, breach of

Weekly News – April 12

McConnell takes on BK judge shopping, the next chapter in LMEs, Robertshaw sharp elbows, DQ lists hit Europe, and much, much more… ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏

Owning the AI & SEO Discourse Through PR

NASA’s first artist-in-residence, Laurie Anderson, once remarked, “Technology is the campfire around which we tell our stories.” While impactful stories are more meaningful than ever, Artificial Intelligence (AI) is reshaping our fires and news

Nebraska Homestead Exemption: New Bankruptcy Court Opinion Issued

The very hot topic in Nebraska bankruptcy courts these days center around how courts apply changes to the homestead exemption law enacted in 2014. The exemption protects up to $60,000 of equity in a debtor’s home, but the question is whether the

E.D.N.C.: In re Sugar- Dismissal with Prejudice for Willful Violation of Local Rules

E.D.N.C.: In re Sugar- Dismissal with Prejudice for Willful Violation of Local Rules Ed Boltz Thu, 04/11/2024 - 15:56 Summary: This district court reviewed the dismissal of Ms. Sugar's Chapter 13 bankruptcy case, based on Sugar's sale of her property

E.D.N.C.: In re Fanning- Local Rules regarding Incurring Debt In Chapter 13/ Denial of Direct Appeal

E.D.N.C.: In re Fanning- Local Rules regarding Incurring Debt In Chapter 13/ Denial of Direct Appeal Ed Boltz Thu, 04/11/2024 - 15:41 Summary: The Fannings sought direct appeal to the 4th Circuit of the bankruptcy court's denial of their motion for

Subchapter V Trustee Powers After Debtor’s Removal: Conventional Model v. Impotent Trustee (In re Coeptis Equity)

By: Donald L Swanson When a Subchapter V debtor is removed from possession under § 1185(a), what can the Subchapter V trustee do with debtor’s assets and operations? Duties, Rights, Powers and Functions Under § 1184, certain duties of a trustee are

How to Recall Defaulted SBA Loan from Treasury Offset Program TOP

How to Recall Defaulted SBA Loan from Treasury Offset Program TOP Many clients who have defaulted on an outstanding SBA EIDL loan have contacted us regarding how to “Recall” their loan from the U.S. Treasury Department Treasury Offset Program (“TOP”)

“Bankruptcy Is Bad” = A Faulty Assumption For Mass Tort Cases (3M Combat Arms Earplugs Settlement)

By: Donald L Swanson The existence of a bankruptcy option is a good thing for any debtor-creditor situation that is highly stressed—whether the bankruptcy option is used or not. This is especially true in mass-tort cases where a potential exists for

Treasury Offset Program (TOP) and SBA EIDL Loans

Treasury Offset Program (TOP) and SBA EIDL Loans Many clients have contacted our office to report that their delinquent SBA EIDL loans have been transferred to the Treasury Offset Program (TOP), and a 30% penalty has been added to their loan balance