ABI Blog Exchange

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

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