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

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Law Review: Rafael I. Pardo, Rethinking Antebellum Bankruptcy, 95 U. Colo. L. Rev. __ (2024 forthcoming)

Law Review: Rafael I. Pardo, Rethinking Antebellum Bankruptcy, 95 U. Colo. L. Rev. __ (2024 forthcoming) Ed Boltz Fri, 03/15/2024 - 19:06 Abstract: Bankruptcy law has been repeatedly reinvented over time in response to changing circumstances. The

March 15, 2024 Bankruptcy Quiz

I’m attending the annual Southeastern Bankruptcy Law Institute (SBLI) seminar in Atlanta this week. So many folks (read: maybe two people) asked me why I stopped doing the weekly bankruptcy quizzes. Worse, Prof. Ishaq Kundawala (the Southeastern

Bankruptcy and Divorce (Vol. 73) – Agreements to Transfer Property

An entire blog could be devoted to the intersection of Bankruptcy and divorce, but for this post we will look at what happens when a divorce decree (or final settlement agreement) requires that one of the spouses transfer his or her interest in real

Law Review: Tavera, Daniel M. - The Unscheduled Creditor in a Chapter 7 Case with Assets, 35 Loy. Consumer L. Rev. 145

Law Review: Tavera, Daniel M. - The Unscheduled Creditor in a Chapter 7 Case with Assets, 35 Loy. Consumer L. Rev. 145 Ed Boltz Thu, 03/14/2024 - 17:13 Abstract: This Article analyzes the following question. Is a debt discharged "if the omitted

Bankruptcy Abuse Rarely Works . . . Because Of Gatekeepers—INTRODUCTION

By: Donald L Swanson I recently heard politicians on all sides of the political divide agree on one thing as self-evident: that bankruptcy abuse by “fabulously wealthy corporations” is rampant; and Johnson & Johnson is a prime example of that abuse

Notable Subchapter V Bankruptcy Opinions: December 2023 (AI Edition)

Continuing with the monthly series, here are short summaries of December 2023’s Subchapter V bankruptcy opinions from across the country. As in the prior Sub V case posts, I’ll provide a roadmap of the issues and then you can click the opinions if

N.C. Ct. of App: Longphre v. KT Fin.- Date for Accrual of Interest

N.C. Ct. of App: Longphre v. KT Fin.- Date for Accrual of Interest Ed Boltz Wed, 03/13/2024 - 22:08 Summary: The Longphres loaned KT Financial $330,000 by two separate promissory notes with 30% interest and specified “[a]ll accrued interest and

Celebrating a Milestone: Cox Mobile’s Second Year in the Mobile Arena at CES 2024 and MWC 2024

As Cox Mobile celebrated its first year at the forefront of the mobile industry during CES 2024 and MWC 2024, Bob Gold & Associates (BG&A) was proud to play a pivotal role in amplifying this milestone through strategic media outreach and event

N.C. Ct. of App.: In re Jones- Validity of Reverse Mortgage not an issue for non-judicial foreclosure

N.C. Ct. of App.: In re Jones- Validity of Reverse Mortgage not an issue for non-judicial foreclosure Ed Boltz Wed, 03/13/2024 - 04:05 Summary: George Jones qualified for a reverse mortgage on his home with American Advisors Group (AAG) and received

ABI’s Subchapter V Task Force Recommends Making The $7,500,000 Debt Cap Permanent

By: Donald L Swanson The American Bankruptcy Institute’s Subchapter V Task Force has issued its “ Preliminary Report” on “Maintaining the $7,500,000 Debt Cap for Subchapter V Eligibility.” This article quotes from and summarizes the Report

Quick Guide to Administration (UK)

For those unfamilar with the various insolvency processes it is not always easy to differentiate between them. In our latest insight we have produced a quick guide to administration that explains the procedure, benefits and effect of administration

Article: Moran, Cathy- Tracking Down the Illusive Mortgage Interest Deduction

Article: Moran, Cathy- Tracking Down the Illusive Mortgage Interest Deduction Ed Boltz Mon, 03/11/2024 - 16:25 There's an argument that Chapter 13 Trustees should, at least in some plans, be sending debtors 1098s. From the IRS instructions: ________

Members Voluntary Arrangements (MVLs) – Update

In recent months, there have been a few changes regarding MVLs which we have set out in this insight as a helpful reminder to practitioners. Our insight considers the changes to filing statements of solvency, comments on the practice of remote

U.S. Seeks to Collect on Up to $20 Billion in Delinquent Covid Loans

U.S. Seeks to Collect on Up to $20 Billion in Delinquent Covid Loans The Wall Street Journal is reporting in an article dated March 7, 2024 that the U.S. is seeking to collect $20 Billion in delinquent SBA EIDL Covid loans from small businesses and

Weekly News – March 8

The 7-layer DIP, NYCB cap raise, Loparex distressed exchange, distressed fitness, and much, much more! ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏

N.C. Ct. of App.: Jhang v. Temple- Sufficiency of Service

N.C. Ct. of App.: Jhang v. Temple- Sufficiency of Service Ed Boltz Sun, 03/10/2024 - 00:13 Summary: On appeal, Templeton University asserted that service of a lawsuit was improper because it was not made to the appropriate office of an officer

4th Cir.: Protopas v. Travelers- Subject Matter Jurisdiction for State Receivership

4th Cir.: Protopas v. Travelers- Subject Matter Jurisdiction for State Receivership Ed Boltz Sat, 03/09/2024 - 23:04 Summary: A South Carolina court-appointed receiver for Payne & Keller Co, a defunct construction company facing asbestos litigation

4th Cir.: Mohamed v. Bank of America- Electronic Funds Transfers Act

4th Cir.: Mohamed v. Bank of America- Electronic Funds Transfers Act Ed Boltz Sat, 03/09/2024 - 19:14 Summary: Mohamed sued Bank of America alleging violations of the EFTA, particularly regarding unauthorized electronic fund transfers. The case

Bankr. M.D.N.C.: In re Randolph Hospital I & II- Motion for Summary Judgment and Expert Witnesses in a Bench Trial

Bankr. M.D.N.C.: In re Randolph Hospital I & II- Motion for Summary Judgment and Expert Witnesses in a Bench Trial Ed Boltz Sat, 03/09/2024 - 18:47 Summary (MSJ): The Liquidating Trustee sought judgment on his claims for breach of contract, breach of

Law Review: Ponoroff, Lawrence- Chapter 13: Let’s Call the Whole Thing Off

Law Review: Ponoroff, Lawrence- Chapter 13: Let’s Call the Whole Thing Off Ed Boltz Sat, 03/09/2024 - 18:40 Abstract: Courts cannot agree on much of anything about chapter 13, and legislators cannot agree and are confused over what to do about it