ABI Blog Exchange

Research Paper: Lee, Brian Jonghwan, Bankruptcy Lawyers and Credit Recovery (April, 2024). FRB of Philadelphia Working Paper No. 24-10,

Research Paper: Lee, Brian Jonghwan, Bankruptcy Lawyers and Credit Recovery (April, 2024). FRB of Philadelphia Working Paper No. 24-10, Ed Boltz Tue, 04/23/2024 - 16:20 Available at SSRN: https://ssrn.com/abstract=4788212 or http://dx.doi.org/10

A Dilemma In Mass Tort Bankruptcies: Maximizing Value v. Wreaking Vengeance (In re Bestwall)

By: Donald L Swanson Bankruptcies with large tort claims are common: some involve a limited number of claimants ( e.g., a drunk driver hits a bus or a restaurant serves bad food one evening); and others have large numbers of claimants, some of whom

ABI’s Subchapter V Task Force Releases Final Report on Subchapter V Recommendations

Better Homestead for Single Homeowners in Virginia July 1

Whether You Can File Chapter 7 Bankruptcy and Keep Your House Depends on Your State Homestead Law Until 2020, Virginia had the worst bankruptcy homestead protection in the country. Single homeowners (Virginia has great protection for real estate

Better Homestead for Single Homeowners in Virginia July 1

Whether You Can File Chapter 7 Bankruptcy and Keep Your House Depends on Your State Homestead Law Until 2020, Virginia had the worst bankruptcy homestead protection in the country. Single homeowners (Virginia has great protection for real estate

Weekly News – April 19

Register Now for 2024 Restructuring Symposium!  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏

4th Cir. : Morgan v. Bruton- Tax Lien not Required for IRS to Pierce Tenancy by the Entireties

4th Cir. : Morgan v. Bruton- Tax Lien not Required for IRS to Pierce Tenancy by the Entireties Ed Boltz Sun, 04/21/2024 - 04:37 Summary: The Court of Appeals affirmed the decision of the district court regarding Ronald Lee Morgan's Chapter 7

th Cir.: Berman v. PHEA- Derivative Sovereign Immunity for Student Loan Servicer

th Cir.: Berman v. PHEA- Derivative Sovereign Immunity for Student Loan Servicer Ed Boltz Sun, 04/21/2024 - 04:32 Summary: TheCourt of Appeals affirmed the district court's decision to dismiss Todd Berman's lawsuit against the Pennsylvania Higher

Before Bankruptcy, Don’t Let Your Credit Score Trick You

Before Bankruptcy, There Are Two Ways Your Credit Score Tricks You Are you worried about what bankruptcy will do to your credit score? Your credit score is the tool the banks and credit card companies use to trick you into paying them, even when you

Before Bankruptcy, Don’t Let Your Credit Score Trick You

Before Bankruptcy, There Are Two Ways Your Credit Score Tricks You Are you worried about what bankruptcy will do to your credit score? Your credit score is the tool the banks and credit card companies use to trick you into paying them, even when you

Bankr. E.D.N.C.: In re Rogers- Social Security Income not Available for Administrative Claims of Nursing Home

Bankr. E.D.N.C.: In re Rogers- Social Security Income not Available for Administrative Claims of Nursing Home Ed Boltz Fri, 04/19/2024 - 18:42 Summary: Bankruptcy Court denied Brunswick Health & Rehab Center, LLC's application for the allowance of

Proposed USED Regulations for Student Loans

Proposed USED Regulations for Student Loans Ed Boltz Fri, 04/19/2024 - 04:05 Summary: The Department of Education proposes amendments to the regulations governing the waiver of student loan debts under the Higher Education Act of 1965. These changes

Does Refusing To Correct An Inaccurate Credit Report Violate The Discharge Injunction? (Bruce v. Citigroup)

By: Donald L Swanson The opinion is Bruce v. Citigroup Inc., Case No. 22-1000, decided August 2, 2023, by the U.S. Second Circuit Court of Appeals. The opinion addresses this question: Did Citigroup violate Debtor’s discharge injunction by refusing

UK Litigation Funding post PACAR – Tying up Loose Ends

Last year we discussed the impact of funding insolvency litigation following the Supreme Court decision in PACAR where the court found that litigation funding agreements ( LFAs) were damaged based agreements. This meant that unless LFAs complied with

New York’s Renewed Efforts to Pass Sovereign Debt Legislation (US)

As discussed in our prior blog entitled “New York’s Sovereign Debt Restructuring Proposals,” [1] three bills were introduced in the New York state legislature to overhaul the way sovereign debt restructurings are handled in New York. Those bills

Bankruptcy and Foreclosure

Many people fall behind on their mortgages. While some lenders are more than willing to work with homeowners who get behind on their payments, this is the exception rather than the rule. If you fall too far behind on your payments, your mortgage

New Bankruptcy Laws

In 2005, former president George W. Bush signed into law a major reform of bankruptcy law. This reform, called the Bankruptcy Abuse Prevention and Consumer Protection Act, changed bankruptcy law in a variety of ways. In general, filing for bankruptcy

Bankruptcy and Divorce

Often, divorce proceedings and assets lost in a divorce can make it necessary to file for bankruptcy in Arizona. In fact, the Phoenix bankruptcy lawyers at EZ Legal Fees by EZ Legal Fees by WantAFreshStart know divorce is one of the more common

Bankruptcy Exemptions

Arizona Bankruptcy Exemptions If you are filing for Chapter 7 bankruptcy, all the assets you need will likely be exempt. This means these assets will not be considered in the bankruptcy process. Your assets will be yours to keep. There are notable

Bankruptcy Means Test

The simplest way to define a means test is as an official assessment of and investigation into the financial circumstances of an individual. Means tests are used in the realm of bankruptcy to determine eligibility for a Chapter 7 filing in Arizona