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

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Weekly News – December 15

2024 Sponsorships Now Available Please Consider Sponsoring CRC’s Content Click Here New Weekly Feature Bruce Richards on the Markets Bruce Richards, CEO Marathon Asset Management insights on markets, investing and more! That ‘90s Show. Chairman

Mediator Insights: The Grief in the Room

Do you know who participates in mediation? People. People participate in mediation. Whether for themselves or a business, they are still people. And many people who participate in mediation are grieving. Their grief may or may not be related to the

Mediator Insights: Stuck on No

Toddlers love the word “no.” Some grownups do too. I see this in mediations all too often. One side is stuck on “no” and my job is to help them become unstuck. To illustrate, let’s consider Tracey Corderoy’s No! Otto is adorable. Everyone says so –

ADR Insights on Business Divorces: You Can Go Your Own Way (Part 9 of 9)

You can go your own way, go your own way. (Fleetwood Mac’s Go Your Own Way) (Written by Lindsey Buckingham) This is the last in the “ Breaking Up is Hard to Do” nine-part series exploring dispute resolution for business divorces. After working

ADR Insights on Business Divorces: Reunited and It Feels So Good (Part 8 of 9)

Reunited, and it feels so good Reunited ’cause we understood There’s one perfect fit And, sugar, this one is it We both are so excited ’cause we’re reunited . (Peaches and Herb’s Reunited) (Written by Dino Fekaris and Freddie Perren) This is the

ADR Insights on Business Divorces: Money, Money, Money (Part 7 of 9)

Money, money, money, must be funny in the rich man’s world. Money, money, money, always sunny in the rich man’s world. (ABBA’s Money, Money, Money) (Written by Benny Goran Bror Andersson and Bjoern K. Ulvaeus) This is the seventh in the “ Breaking Up

ADR Insights on Business Divorces: You Lost that Lovin’ Feelin’ (Part 6 of 9)

You lost that lovin’ feelin’ Whoa, that lovin’ feelin’ You’ve lost that lovin’ feelin’ Now it’s gone … gone … gone…woah. (The Righteous Brothers’ You’ve Lost that Lovin’ Feeling’) (Written by Phil Spector, Barry Mann, and Cynthia Weil) This is the

ADR Insights on Business Divorces: Hit Me With Your Best Shot (Part 5 of 9)

Hit me with your best shot, Why don’t you hit me with your best shot, Hit me with your best shot, Fire away. (Pat Benatar’s Hit Me With Your Best Shot) (Written by Eddie Schwartz) This is the fifth in the “ Breaking Up is Hard to Do” nine-part series

ADR Insights on Business Divorces: I Heard It Through the Grapevine (Part 4 of 9)

Ooo I heard it through the grapevine Not much longer would you be mine Ooo I heard it through the grapevine And I’m just about to lose my mind. (Marvin Gaye’s I Heard It Through the Grapevine) (Written by Norman Whitfield and Barrett Strong) This is

ADR Insights on Business Divorces: Choices (Part 3 of 9)

I’ve had choices, s ince the day that I was born There were voices that told me right from wrong If I had listened, I wouldn’t be here today Living and dying with the choices I made . (George Jones’ Choices) (Written by Billy Yates and Mike Curtis)

The Biggest Bankruptcy Mistake You Can Make

The biggest bankruptcy mistake has nothing to do with choice of chapter, exemptions, disclosure, or attorneys. It has to do with timing. The biggest bankruptcy mistake is waiting too long to consider bankruptcy. Time is seldom your friend What’s

Prepared Liquidation – Pre-Pack Sales Under Polish Bankruptcy Law

Amid the current market uncertainties, distressed asset sales are likely to rise. International investors are looking for efficient solutions, preferably ones that reflect solutions in their home jurisdictions. One popular mechanism is the use of pre

California Omits Insider Preferences From Its UVTA But Includes Them In Its ABC Statute . . . What’s With That?!!

By: Donald L Swanson The following combination of facts seems odd . . . and confusing. The Uniform Voidable Transactions Act (“UVTA”) authorizes (in Sec. 5(b)) unsecured creditors to avoid insider preferences, with a one-year reach back, when the

Can I File for Bankruptcy If I Have a Reverse Mortgage?

How Does A Reverse Mortgage Work? Many older adults use reverse mortgages to manage house payments or to tap into their home equity without having to sell their home. The loan is called a “reverse mortgage” because over time the mortgage balance

Special Feature: Venue Reform in the Spotlight

Contributors Rachel Albanese, Elliot Ganz & Clifford J. White III take on Venue Reform Our Contributors tackle how Judge Jones’ sudden resignation and the shake-up in the Southern District of Texas’ bankruptcy panel will affect venue choices going

We Can’t Stop Writing Paper Checks. Thieves Love That

Be careful when write checks to pay bills due to fraud! See the New York Times article at https://www.nytimes.com/2023/12/09/business/check-fraud.html?smid=nytco… Jim Shenwick, Esq 917 363 3391 jshenwick@gmail.com Please click the link

Involuntary Bankruptcy Is Dead—RIP (In re TV Azteca)

By: Donald L Swanson What creditor would ever want to be an involuntary bankruptcy petitioner under these statements of facts and law: Facts: “Here, there is no dispute that the holders of the Notes are owed the entire principal amount plus unpaid

Weekly News – December 8

Meet our 2023 Sponsors The CRC is funded through sponsorships from these organizations: 2024 Sponsorships Now Available Please Consider Sponsoring CRC’s Content Click Here Debtwire Restructuring Forum Miami: Are Double Dips in Trouble? At the

Why Getting Sued is a Good Thing

When you get sued you hang your head. You feel like the battle is lost when the Sheriff delivers the court summons to your door. But getting sued is not the end of the battle. No, getting sued may be the best thing the other side did to equalize the

What is the means test in bankruptcy?

What is the means test in bankruptcy? Business Insider (see link below) has a very helpful article on the Means Test in personal Bankruptcy filings. https://www.businessinsider.com/personal-finance/what-is-bankruptcy-mea… In our experience