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

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Special Feature: Committee Standing

Earlier this month a Delaware bankruptcy judge ruled that a creditors’ committee has standing to pursue breach of fiduciary duty claims on behalf of a Delaware limited liability company’s bankruptcy estate against the company’s officers. This holding

Law Review: Alexandra P. Sickler, Big Banks & Small Consequences in Chapter 13, 39 Emory Bankr. Dev. J. 559 (2023).

Law Review: Alexandra P. Sickler, Big Banks & Small Consequences in Chapter 13, 39 Emory Bankr. Dev. J. 559 (2023). Stafford Patterson Sat, 02/17/2024 - 05:01 Abstract: Mortgage creditors struggle to properly service mortgages in chapter 13 cases, as

Bob Gold to Moderate Distribution Strategies Panel at StreamTV Growth Summit

Don’t miss the StreamTV Growth Summit, a free virtual event on February 20-21, 2024. Bob Gold & Associates President Bob Gold is set to moderate the panel on “Charting the OTT Frontier: A Look at Distribution Strategies, Partnerships and Evolving

Can My Long-Term Disability Benefits Be Terminated in Pennsylvania?

Many people who cannot work due to a disability often rely on long-term disability benefits like Social Security Disability Insurance (SSDI). If you are receiving benefits like these, you should talk to a lawyer about the possibility of termination

How Do Long Term Disability and ERISA Work in NJ?

Navigating the intricacies of long-term disability and ERISA regulations in New Jersey can be a daunting process. Understanding the nuances of federal regulations, insurance policies, and individual rights can be a complex landscape for anyone

Bankr. E.D.N.C.: First Recovery v. Sanders II- Nondischargeable Claim under § 523(a)(2)(A)

Bankr. E.D.N.C.: First Recovery v. Sanders II- Nondischargeable Claim under § 523(a)(2)(A) Stafford Patterson Thu, 02/15/2024 - 16:23 Summary: Plaintiffs First Recovery and Dylan Brooks sued the debtor Keith Douglas Sanders seeking to have a $1.3

Can Contempt For Violating Discharge Injunctions Be Pursed In A Class Action? (Bruce v. Citigroup)

By: Donald L Swanson Can the contempt remedy for a creditor’s violations of the discharge injunction in multiple bankruptcy cases throughout the land be imposed in a class action lawsuit? The answer from the First Circuit Court of Appeals is, “No” (

Can I Get a Personal Loan After Bankruptcy? Marketwatch

MarketWatch offers a helpful article on obtaining credit after filing for personal bankruptcy. The article can be found at https://www.marketwatch.com/guides/personal-loans/personal-loan-after-b… In our experience, representing hundreds of

Acing Bankruptcy’s Means Test For Those Over Median Income

Your future living expenses may be the key to passing the bankruptcy means test. Those who are under median income for their state have already passed the means test. Those over median income move on to the expense portion of the test to calculate

Arbitration At U.S. Supreme Court . . . Again, But Not On Bankruptcy—Whew! (Smith V. Spizzirri)

By: Donald L Swanson Every now and then, the U.S. Supreme Court takes an arbitration case. And it almost always rules in favor of arbitration over litigation. Fortunately, the Supreme Court has, thus far, let arbitration vs. bankruptcy questions pass

Debt Buyers Pay A Lot Post-Taggart

You know it won’t go well for the creditor in a discharge violation case when the opinion opens by characterizing the debtor as a single mother and registered nurse who discovers her $20K bank balance is now negative. And sure enough, the debt buyer

SBA EIDL Loan Charge Offs

The debanked website is reporting that Covid SBA EIDL loan charge offs increased by $52 Billion in 2023. Those charge offs equal 17.2% of the unpaid principal balance of SBA outstanding EIDL loans. The story can be found at https://debanked.com/2024

Aggregate’s UK Restructuring Plan Sanction Hearing: Adler in Action

On 7 th February 2024, Mr Justice Richards heard closing submissions in the English High Court for a contested sanction hearing for Aggregate Group’s Part 26A restructuring plan. This hearing presented one of the first opportunities to analyse how

Can Social Media Be Used Against You in a Disability Case in Pennsylvania?

In this day and age, virtually everyone has a social media presence of some kind. Facebook, X/Twitter, LinkedIn, Instagram, and many more platforms are used by billions of people worldwide. As most people know, there is a lot of information that can

Changes to the UK Water Special Administration Regime – Do Pension Trustees of Water Industry Schemes Need to Care?

Changes are afoot to the statutory regime governing special administrations for regulated water companies (the SAR) following the publication of a suite of new legislation. Impact of the changes on pension trustees Further details of the changes are

Weekly News – February 9

Adam Neumann is doing his own grave dancing, CRC weighs in on New Jersey case assignments, Houston has a P.O. Box issue, and much, much more! ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏

New Jersey Court Responds to CRC Letter

On February 8, the Creditor Rights Coalition joined leading academics, industry associations and former government officials in submitting a Letter to Chief U.S. Bankruptcy Judge Michael B. Kaplan to follow leading Bankruptcy Courts and adopt a local

The Discharge Injunction – Violations and Damages

It seems like violations of the discharge injunction get much less publicity than violations of the automatic stay. Perhaps that is because by the time a discharge is entered the creditor has received the message. When there is a violation the

Sua Sponte Monetary Sanctions Against Counsel

The 9th CIr. BAP erected a high bar for the imposition of monetary sanctions against counsel in its recent decision in Franz. Despite some ugly facts and imperfect lawyering, the BAP overturned $5000 in sanctions against a Chapter 13 debtor’s lawyer

Sri Lanka’s Restructuring Plan Is Here to Stay (US)

In March 2022, the International Monetary Fund (the “ IMF”) assessed Sri Lanka’s public debt to be unsustainable after the country entered the pandemic with thin reserve buffers, high debt levels, and no fiscal space. The IMF’s determination prompted