ABI Blog Exchange

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

How Much Notice Before Your Property is Sold at a Sheriff Sale in PA?

Few things are more stressful than getting a notice that your property is going to be sold at a sheriff’s sale. Unfortunately, many people are unaware of how much time they have before the sale. Fortunately, in Pennsylvania, you must be given time to

N.C. Ct. of App.: Maxsiq v. Howard- Severability of Settlement Terms

N.C. Ct. of App.: Maxsiq v. Howard- Severability of Settlement Terms Stafford Patterson Fri, 03/08/2024 - 19:41 Summary: The North Carolina Court of Appeals affirmed the trial court's decision, which had granted summary judgment to the defendants

What’s The Income Limit for Filing Bankruptcy

Actually, there’s no income limit for filing bankruptcy. None, nada, no way. Instead, there’s the infamous means test, an awkward and complex formula, written by Congress, to identify individuals who are entitled to file Chapter 7. Not everyone has

Small-business owners carry bigger debt loads than they did pre-pandemic

Small-business owners carry bigger debt loads than they did pre-pandemic Biz Journals is reporting that Small Business owners are now carrying bigger debt loads that they did pre-pandemic. The increased debt load combined with higher interest rates

Bankr. E.D.N.C.: Nationwide Recovery Judgment v. Tyndall- Pleading Standards for Allegations of Fraud

Bankr. E.D.N.C.: Nationwide Recovery Judgment v. Tyndall- Pleading Standards for Allegations of Fraud Ed Boltz Thu, 03/07/2024 - 16:52 Summary: National Judgment Recovery ("NJR") brought an action to determine that the $93,159.71 fraudulent

Supremes First Side With 144 Claimants Against >82,000 Other Claimants, But Then Vacate: A Good Sign? (Lujan Claimants v. Boy Scouts)

By: Donald L Swanson Congress, the federal appellate courts and the U.S. Supreme Court all need to recognize this historical reality: bankruptcy is an efficient and effective tool for resolving mass tort cases, as demonstrated by cases with huge

Will recent credit card use sink my bankruptcy

If I’ve used credit cards before filing bankruptcy, do I have to wait? Too many people considering filing think there is some sort of waiting period between financial activity and filing bankruptcy. So, let’s look at the issues in play surrounding

Is Long-Term Disability Insurance a Waste of Money?

Whether planning for the near or distant future, you want to be ready. Long-term disability insurance can help you be ready if you are ever physically or mentally impaired and unable to take care of yourself alone. Long-term disability insurance is

Additional Caution Required for Insolvency Practitioners Relying on Companies House Filings (UK)

Over the past week, reports have emerged about filings that have been made at Companies House marking a charge as satisfied, without the company’s or relevant lender’s knowledge. There were rumours last week, which were simply that, because Companies

Special Masters Are Needed In Bankruptcy, Part 4: Inherent Authority Should Not Be Denied

By: Donald L Swanson This is the fourth in a series of four articles on why Fed.R.Bankr.P. 9031, titled “Masters Not Authorized,” needs to be amended to authorize the utilization of special masters in complex bankruptcy cases. The focus of this

How Do People on Disability Survive Financially?

If you are applying for disability, you might wonder what you can do with the money you get from SSDI payments or other benefits. People often want to know how to use their benefits to save for the future and financially thrive. While the government

Eleventh Circuit Upholds Settlement Agreement Obtained Under Threat of Criminal Prosecution

N.C. Bus. Ct." Live Oak v. Mafic- Claims Objections in State Receivership

N.C. Bus. Ct." Live Oak v. Mafic- Claims Objections in State Receivership Ed Boltz Mon, 03/04/2024 - 18:17 Summary: Following the appointment of a Receiver under the North Carolina Commercial Receivership Act, N.C.G.S. § 507.20 et seq., to conduct an

Surveillance Tactics Used by Insurance Companies

Dealing with insurance companies is almost universally a frustrating experience. Some might call it a necessary evil. While most regard insurance companies as difficult, many are surprised to learn how far these companies will go to avoid paying

Bankr. W.D.N.C.: In re Kennedy- Reasonable Mortgage Attorney Fee's in Chapter 11

Bankr. W.D.N.C.: In re Kennedy- Reasonable Mortgage Attorney Fee's in Chapter 11 Ed Boltz Sun, 03/03/2024 - 20:35 Summary: Wilmington Savings, a mortgage creditor of the Debtors, seeks to recover its attorney's fees and expenses pursuant to 11 U.S.C

Weekly News – March 1

McDermott makes it to the finish line (again), NYCB in flames, Dentons slush fund, SDTX fallout continues, FTX Examiner takes on S&C, and much, much more! ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏

You, The Trustee, and the Countdown to Bankruptcy

Worried that a bankruptcy trustee will examine your sitution and somehow disqualify you from bankruptcy because of something you did (or didn’t do) right before you filed? Not to worry. Your bankruptcy discharge does not depend on the trustee’s

How Do I Know if My Disability is Permanent and Total?

Disability benefits vary based on how long your disability is expected to last and whether you are totally or only partially disabled. Because disabilities can be very subjective, many people are unsure whether their condition is considered permanent