ABI Blog Exchange

How to Navigate an Adversary Proceeding in Bankruptcy

Weekly News – July 4

Happy 4th of July — We will be back next week! Creditor Corner Your weekly curated content from the Creditor Rights Coalition Over 3,100 member subscribers and growing! We bring…

Law Review: Shachmurove, Amir, Last Rites and Licit Resurrections: The Problematic Pillars of Section 546(A)'S Oft-Presumed Preemption of Non-Bankruptcy Statutes of Repose (July 22, 2022). 30 Am. Bankr. Inst. L. Rev. 141 (2022)

Law Review: Shachmurove, Amir, Last Rites and Licit Resurrections: The Problematic Pillars of Section 546(A)'S Oft-Presumed Preemption of Non-Bankruptcy Statutes of Repose (July 22, 2022). 30 Am. Bankr. Inst. L. Rev. 141 (2022) Ed Boltz Thu, 07/03

Sub Rosa Plan Issues Explained (In re Boy Scouts)

By: Donald L Swanson Sub rosa plan issues have been around since the earliest days of my bankruptcy practice. Back in those days, unfortunately, I was never quite sure what a sub rosa plan might be. The dictionary definition of the term, “ sub rosa,”

Ploughing New Furrows: Bestwall, LLC Explores the Limits of Federal Courts’ Bankruptcy Jurisdiction with Novel Arguments (US)

What does it mean to be “bankrupt?” The Fourth Circuit recently held oral arguments to determine this question in Bestwall, LLC v. The Official Committee of Asbestos Claimants. [1] There, the Asbestos Claimants asserted that the United States

E.D.N.C.: In re Port City Contracting Services, Inc.- Discovery Appeal Dismissed as Interlocutory

E.D.N.C.: In re Port City Contracting Services, Inc.- Discovery Appeal Dismissed as Interlocutory Ed Boltz Wed, 07/02/2025 - 15:44 Summary: Pro se litigant Robert Paul Sharpe appealed two discovery-related denials from Bankruptcy Judge David M

4th Cir.: Martin v. Parker- No Denial of Discharge for embezzlement where debtor acted on good-faith advice from financial institutions despite conflicting estate documents

4th Cir.: Martin v. Parker- No Denial of Discharge for embezzlement where debtor acted on good-faith advice from financial institutions despite conflicting estate documents Ed Boltz Wed, 07/02/2025 - 04:53 Summary: After prevailing in a Virginia

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

The Insolvency Service have held a long-established view that creditors are classed as such at the point of entry into an insolvency process. This view was brought into question and challenged in the cases of Pindar and Toogood where in essence the

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

The Insolvency Service have held a long-established view that creditors are classed as such at the point of entry into an insolvency process. This view was brought into question and challenged in the cases of Pindar and Toogood where in essence the

Judicial Mediator: Do You Want A Judge From Your Home District Or From Afar?

By: Donald L Swanson Hypothetical: Your client in a complex Chapter 11 case has a dispute on a core issue with another party. The disputing parties decide that mediation might help resolve their dispute, and they can choose, under local rules

Judicial Mediator: Do You Want A Judge From Your Home District Or From Afar?

By: Donald L Swanson Hypothetical: Your client in a complex Chapter 11 case has a dispute on a core issue with another party. The disputing parties decide that mediation might help resolve their dispute, and they can choose, under local rules

June 2025 Ponzi Scheme Roundup

By Kathy Bazoian Phelps Below is a summary of Ponzi scheme activity reported for June 2025. There were at least 8 new Ponzi schemes revealed this month, 5 guilty pleas, and prison sentences of 44 years. The average age of the fraudsters was about 49

What to Know About the Receivership Process

Eleven Weeks After Discharge

It’s Three Months Since Your Discharge? How are you doing? Did it work out the way you expected? I claim that after bankruptcy you will sleep better, you’ll be happier, your credit score will go up. Had that turned out like I said? I’d like to hear

Eleven Weeks After Discharge

It’s Three Months Since Your Discharge? How are you doing? Did it work out the way you expected? I claim that after bankruptcy you will sleep better, you’ll be happier, your credit score will go up. Had that turned out like I said? I’d like to hear

Weekly News – June 27

Ergen makes interest payment, Better Health holdouts fold, Del Monte LME Chapter 22, Serta blockers analyzed, Saks lifeline, and much, much more… Creditor Corner Your weekly curated content from the Creditor Rights Coalition Over 3,100 member

Can “Void” Judgment Become Valid By Passage Of Time? (Certiorari Granted on 6/6/2025)

By: Donald L Swanson Can a judgment that’s “void” for lack of jurisdiction become valid by the passage of time? That’s the question on which the U.S. Supreme Court granted certiorari (on June 6, 2025—in Case No. 24-808, Coney Island Auto Parts

How Does an “Automatic Stay” Work in Pennsylvania?

Automatic stays are one of the major benefits of filing for bankruptcy in Pennsylvania. Let our lawyers explain the ins and outs of this feature of bankruptcy and help you keep the automatic stay in effect throughout your entire case. Automatic stays

How Does an “Automatic Stay” Work in Pennsylvania?

Automatic stays are one of the major benefits of filing for bankruptcy in Pennsylvania. Let our lawyers explain the ins and outs of this feature of bankruptcy and help you keep the automatic stay in effect throughout your entire case. Automatic stays

The Use of Trusts in Mortgage Loan Financing

Trusts are being used more often for financing mortgage loans, which can be an effective way to optimize asset management and minimize lender risk. Key Benefits of Using Trusts in Mortgage Loan Financing Titling Trusts for Mortgage Loans: A Titling