ABI Blog Exchange

Law Review: Rapoport, Nancy- Am I My Colleagues’ Keeper When It Comes to Disclosing Connections?

Law Review: Rapoport, Nancy- Am I My Colleagues’ Keeper When It Comes to Disclosing Connections? Ed Boltz Fri, 03/01/2024 - 22:06 Abstract: In late 2023, news stories picked up stories about a lawsuit alleging that Bankruptcy Judge David Jones of the

February 2024 Ponzi Scheme Roundup

Below is a summary of Ponzi scheme activity reported for February 2024. There were at least 6 new Ponzi schemes revealed this month. Ponzi schemers received more than 134 years of prison sentences and 4 guilty pleas. The average age of the fraudsters

Bankr. W.D.N.C.: In re BK Racing-

Bankr. W.D.N.C.: In re BK Racing- Ed Boltz Thu, 02/29/2024 - 22:16 Summary: The Chapter 11 debtor, through its manager, Smith, brought several actions against insiders and "persons closely allied with those insiders" for recovery of prepetition

The Restructuring Outlook in Australia, Asia Pacific and the US in 2024

In our latest insight we look back at the key restructuring cases and events from last year in the United States, Asia-Pacific, and Australia and consider the outlook in 2024 for restructuring transactions as a whole. This insight provides an

Can I Keep My Tax Refund If I File Chapter 7 Bankruptcy?

As tax season approaches, we are often asked “can I keep my tax refund if I file a Chapter 7 Bankruptcy?” This blog will provide a general answer to this question. It is important, however, to consult a bankruptcy attorney to determine the best

Special Masters Are Needed In Bankruptcy, Part 3: Evolution Of Bankruptcy Referees And Courts Show Why Needed

By: Donald L Swanson This is the third 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 third

Top Tier Authentics & Coach Rusty Expand Partnership, Swing Big on New Umbrella Day Art Collaboration

New Collection Supporting Arnold & Winnie Palmer Foundation Sells Out in Under 24 Hours Top Tier Authentics (TTA), transforming how brands, athletes and artists authenticate products and create new consumer experiences, has expanded its partnership

Viamedia Extends Ad Sales Partnership with TDS Telecom and Expands Offering to Four New Markets

Viamedia to Command Ad Sales Across Six Principal DMAs for TDS Telecom, Further Strengthening Its Regional Influence Viamedia, the largest independent advertising rep firm in the U.S., today announced the renewal and expansion of its partnership with

Bankr. W.D.N.C.: In re Aldrich Pump

Bankr. W.D.N.C.: In re Aldrich Pump Ed Boltz Wed, 02/28/2024 - 20:28 Summary: The bankruptcy court denied a motion to dismiss two chapter 11 cases, which had employed the infamous 'Texas Two Step" to address (avoid? skirt?) liability for asbestos

Special Masters Are Needed In Bankruptcy, Part 2: But Are Prohibited By Bankruptcy Rule 9031—Without A Sound Reason & Some History

By: Donald L Swanson This is the second 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

Bankr. E.D.N.C.: In re Maynor- Vesting in Chapter 13 and Continued Oversight of Assets

Bankr. E.D.N.C.: In re Maynor- Vesting in Chapter 13 and Continued Oversight of Assets Ed Boltz Mon, 02/26/2024 - 22:22 Summary: Through a combination of selecting vesting of assets at confirmation and the use of nonstandard provisions, Maynor's plan

Chapter 13 Payment Information

Here’s How You Can Make Your Chapter 13 Payments in the Alexandria VA Bankruptcy Court The bankruptcy law tells you to make your first Chapter 13 payment one month after your bankruptcy case is filed. If you forget, or bounce, your first payment, the

Mallinckrodt Trust Asserts Novel Argument in Response to Safe Harbor Defense (US)

A common defense to a fraudulent transfer claim in bankruptcy concerning a securities transaction is the “safe harbor” defense under section 546(e) of the Bankruptcy Code. In a unique twist, a post-confirmation trust in Delaware recently argued that

How Can an Attorney Help with My Long-Term Disability Claim or Appeal?

Many Pennsylvania residents rely on long-term disability benefits in order to get the income they need to live fruitful lives. Obtaining those benefits, however, can sometimes be a challenge. Long-term disability programs can be extremely competitive

Bankruptcy Court Holds that Bankruptcy Rule 9006(b) Permits Bankruptcy Courts to Extend Statutes of Limitations

Bankr. E.D.N.C.: In re Purdy- Dismissal with Prejudice for Forged Letter

Bankr. E.D.N.C.: In re Purdy- Dismissal with Prejudice for Forged Letter Ed Boltz Mon, 02/26/2024 - 04:05 Summary: The Purdys filed a Chapter 13 bankruptcy and were subject to the local form Order and Notice, which imposed, among other requirements

4th Circuit: Choi v. Hyon- Actual Fraudulent Intent and Willful Injury

4th Circuit: Choi v. Hyon- Actual Fraudulent Intent and Willful Injury Ed Boltz Sun, 02/25/2024 - 20:26 Summary: The Court of Appeals upheld the bankruptcy and district court opinions finding that Hyon did not act with fraudulent intent as required

Can Social Media Be Used Against You in a Workers’ Compensation Case in Pennsylvania?

Social media has become a defining characteristic of our times, and millions of people use it daily. While you might think your social media is harmless fun, it can be used against you in a legal setting, like a Workers’ Compensation claim. An

Weekly News – February 23

Contributors Speak Up on Examiners, Apex Tool: the new non pro rata deal, Goldman on earnings, Boy Scouts gets go-ahead, more retailer pain ahead, insights on J. Crew Blockers and much, much more! ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏

Let’s Examine Examiners

To many, FTX’s bankruptcy seemed like a paradigmatic case for appointment of an examiner. The issues were complicated, the history opaque, the industry and legal questions novel, and even given the appointment of a well-respected and credible new CEO