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

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U.S. Supreme Court Hears Oral Argument in Purdue Pharma Bankruptcy Appeal

On Monday, the U.S. Supreme Court heard oral argument in the Purdue Pharma bankruptcy appeal and, as a result, we might be approaching a mid-2024 “finish line” for an issue that some bankruptcy practitioners, professors, and judges are on the edge of

Purdue Pharma Oral Arguments at U.S. Supreme Court: A Summary & A Compilation of Justices’ Comments/Questions

By: Donald L Swanson Oral arguments at the U.S. Supreme Court in Harrington v. Purdue Pharma L.P. happened on December 4, 2023. Here is a link to the official transcript of such arguments. My Impression I’ve read that transcript—and still don’t know

10 Common Bankruptcy Myths Debunked: What You Need to Know

10 Common Bankruptcy Myths Debunked: What You Need to Know Consumer Bankruptcy is a legal process that can provide individuals with a fresh start when overwhelmed by debt. However, there are many myths and misconceptions surrounding bankruptcy that

Fraud Investigations into COVID-Era PPP and EIDL Loans Increasing

Fraud Investigations into COVID-Era PPP and EIDL Loans Increasing. JD Supra (link below) has an article stating that fraud investigations into PPP and EIDL loans from the SBA are increasing. https://www.jdsupra.com/legalnews/fraud-investigations-into

Special Feature: Purdue Pharma @ SCOTUS

The Supreme Court’s oral argument on December 4, 2023 demonstrated the Supreme Court, as a whole, very much appreciated the business sense of the Sackler deal and was concerned about the uncertain consequences of eliminating it, but wrestled with two

ADR Insights on Business Divorces: Make a New Plan, Stan (Part 2 of 9)

You just slip out the back, Jack Make a new plan, Stan You don’t need to be coy, Roy Just get yourself free. (Paul Simon’s 50 Ways to Leave Your Lover) (Written by Paul Simon) This is the second in the “ Breaking up is Hard to Do” nine-part series

ADR Insights on Business Divorces: Breaking Up is Hard to Do (Part 1 of 9)

They say that breaking up is hard to do. Now I know, I know that it is true. (Neil Sedaka’s Breaking Up is Hard to Do) (Written by Neil Sedaka and Howard Greenfield) Welcome to “ Breaking up is Hard to Do.” This is the first in a nine-part series

Mediator Insights: The Give and Take of Mediation

Mediation is a give and take. It requires listening and sharing. It requires understanding wants and needs. To illustrate, let’s consider Karen Kaufman Orloff’s “ I Wanna Iguana.” In this story, young Alex’s friend Mikey is moving away and cannot

ADR Insights: Goodnight Moon

“Goodnight room, goodnight moon, goodnight cow jumping over the moon…” Does just reading or hearing those words make you feel more relaxed? That is the beauty of Margaret Wise Brown’s book “Goodnight Moon.” Her book has helped children fall asleep

MAYER MEDIATION MINUTE: Closure

Closure. Closure is generally defined as the act of closing or a comforting sense of finality. But what does closure mean in mediation? In mediation, closure is the sense of relief parties feel when they are able to put a dispute behind them

MAYER MEDIATION MINUTE: Be Curious

Today, I want to explore the importance of being curious. Curiosity allows us to learn and grow. Curiosity also leads to sharing. Sharing leads to understanding and connection. In mediation, understanding and connection can pave the path to

Inadvertently Sending A Private Email Message by “Reply To All” (In re OptumRx)

By: Donald L Swanson In an opinion dated November 14, 2023, the U.S. Sixth Circuit Court of Appeals rules in favor of an attorney who inadvertently sent a private-thoughts email by “Reply to all.” The opinion is In re OptumRx, Inc., Case No.23-3882

Some who took out parent PLUS loans to send their kids to college expect to die with debt

Som e who took out parent PLUS loans to send their kids to college expect to die with debt. USA Today has an article about Parent Plus Loans and parents who took them out. The article can be found at https://www.usatoday.com/story/news/education/2023

Weekly News – December 1

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 CRC Allocators Conference: Marc Heimowitz of Coda on Opportunity Set Click on

Client “wants to think” before getting good bankruptcy information

The caller with a pending foreclosure sale called and canceled an initial consultation with me last week. He wanted to “think about it” before coming in. Huh? Think about being homeless? Think about the cost of getting relief through bankruptcy

Chapter 13 Plan Modifications

When and How to Modify a Chapter 13 Bankruptcy Filing for a Chapter 13 bankruptcy can be a lifeline for individuals struggling with overwhelming debt. When you file a Chapter 13 bankruptcy, you are required to submit a repayment plan that must be

November 2023 Ponzi Scheme Roundup

Below is a summary of Ponzi scheme activity reported for November 2023. Nine new Ponzi schemes hit the news this month and there were more than 35 years of prison sentences imposed on Ponzi schemers and 4 new guilty pleas. The average age of the

(UK) Director Administration Appointments: Does the Company Really Need a Moratorium?

With increased public awareness that a notice of intention to appoint administrators (NOI) has been filed, we are finding that third parties – usually the company’s creditors, suppliers and employees – are disrupting the administration process in a

Family Businesses in Financial Stress: Acts of Desperation and Bankruptcy

By Donald L. Swanson Desperate people do desperate things. And desperation leads even good people astray. So it is in the world of financial stress. Desperate people do desperate things: like providing sloppy financial statements to creditors

(US) Delaware Bankruptcy Court Strikes Down Global Rockport Settlement

A consensual resolution among all stakeholders is an important goal of any bankruptcy proceeding. But how can parties reach a consensual deal if financing is drying up quickly and the prospect of confirming a plan is grim? That was the issue facing