ABI Blog Exchange

Social Security payments could be cut over Student Loan Default

Social Security payments could be cut over Student Loan Default Fox Business has a story detailing how Social Security payments could be cut over student loan defaults. The story can be found at: https://www.foxbusiness.com/personal-finance/social

Weekly News – November 17

Meet our 2023 Sponsors 2024 Sponsorships Now Availablest? Please Consider Sponsoring CRC’s Content Click Here CRC Allocators Conference: Andrew Herenstein of Monarch on Opportunity Set Click on the screenshot to play the video Name that tune! Celsius

Involuntary Bankruptcy Filing By Debtor’s Owner/Creditor Is In Good Faith (In re Global Energies—Cert. Denied)

By: Donald L Swanson Is an involuntary bankruptcy, filed by an owner/creditor of the Debtor, filed in good faith or in bad faith? That’s the question before the U.S. Supreme Court on which it denied certiorari on October 30, 2023 ( Wortley v

Notable Subchapter V Bankruptcy Opinions: August and September Edition

There were no Sub V opinions in August that I could find, so I’ll pick-up with the September opinions. And by now, you know the drill: I’ll provide, in a single post, short summaries of each month’s notable Subchapter V opinions from across the

Tips For Subchapter V Creditors (US)

The overwhelming majority of my practice has involved larger, complex Chapter 11 cases and out-of-court restructurings, representing debtors, Chapter 11 trustees, committees, or creditors. However, with the expansion during Covid of the Subchapter V

Top 10 Benefits of Consumer Bankruptcy

Top 10 Benefits of Filing Consumer Bankruptcy Bankruptcy, often viewed as a last resort for consumers, can actually be a powerful tool for individuals overwhelmed by financial challenges. As a bankruptcy attorney, I’ve witnessed firsthand how the

(UK) Moratoriums – a New Stay on Winding Up Petitions?

In a recent decision that will add some welcomed clarity to the imposition of Part A1 moratoriums over companies which have been presented with a winding-up petition, the High Court has reflected on the requirements of section A4 of the Insolvency

U.S. Trustee’s Unreasonable Crusade Against All Third-Party Releases: The Latest Example (In re Kalos)

By: Donald L Swanson The U.S. Trustee is on a crusade to eradicate every type of third-party release from all Chapter 11 bankruptcy plans—no matter what the facts or circumstances might be. It’s a policy based on the idea that, if the Bankruptcy Code

What are the Biggest Financial Mistakes that People in Arizona Make?

What are the Biggest Financial Mistakes that People in Arizona Make? Financial security is important now more than ever, which increases the pressure to always make the right financial decisions. Our bankruptcy attorneys have seen every type of case

Weekly News – November 10

Meet our 2023 Sponsors 2024 Sponsorships Now Availablest? Please Consider Sponsoring CRC’s Content Click Here CRC Allocators Conference: Adam Cohen of Caspian on How We Got Here Click on the screenshot to play the video Wow… just wow… WeWork wants to

(UK) ‘Substitution First, Standing Later’ – The Risk of Supporting Creditors

The case of Liberty Commodities Ltd v Citibank NA London & Ors [2023] EWHC 2020 (Ch) provides a helpful reminder of the principles that the court will adopt when dealing with a winding up petition – particularly where there are supporting creditors

How Bankruptcy Can Help You With Your Tax Debt

How Bankruptcy Can Help You With Your Tax Debt Many people who are financially struggling also struggle with tax debt. As a result, many turn to bankruptcy as a solution to their tax problems. Although bankruptcy can help with many types of tax

“Arising In” Bankruptcy Jurisdiction Over A Malpractice Claim (Murray Energy Holdings)

By: Donald L Swanson A bankruptcy court has jurisdiction to dismiss a legal malpractice claim of non-debtor plaintiffs against non-debtor attorneys. That’s the ruling in Murray v. Willkie Farr & Gallagher LLP (In re Murray Energy Holdings Co.), Adv

Showseeker’s New Ad Tech Revolutionizes Charter’s Ad-Order Management, featured in Broadcasting & Cable

In the evolving world of TV advertising, where the shift from traditional to digital formats challenges revenue goals, Charter Communications has made a groundbreaking move. By integrating ShowSeeker’s innovative Pilot system, Charter is setting a

(UK) Streamlining Out of Hours Qualifying Floating Charge Holder Appointments

Making an out of hours qualifying floating charge holder (“ QFCH”) appointment can be problematic due to the procedural requirements set out in Rule 3.20 of the Insolvency (England and Wales) Rules 2016 (the “ Rules”). If a QFCH wishes to make an

Fifth Circuit Holds that Post-Judgment Interest is Required in Adversary Proceeding Under 28 U.S.C. § 1961(a)

Fifth Circuit Holds that Post-Judgment Interest is Required in Adversary Proceeding Under 28 U.S.C. § 1961(a)

Upcoming Debt Maturities May Threaten Private Equity Returns | Gordian Perspectives for November 2023

The US corporate sector in general, and Private Equity portfolio companies in particular, face significant upcoming financial challenges due to a wall of impending debt maturities totaling $700 billion through 2026 and nearly $2 trillion through 2028

Denying Arbitration Of Legal Malpractice Case In Bankruptcy (Murray Energy Holdings)

By: Donald L Swanson Bankruptcy Court denies a party’s request to enforce arbitration of a legal malpractice claim—and then dismisses that malpractice claim for failure to state a claim. The opinion is Murray v. Willkie Farr & Gallagher LLP (In re

(UK) HMRC and Restructuring Plans: The Next Chapter

A thorny question facing a company when considering a Restructuring Plan is how to deal with HMRC particularly following HMRC’s opposition to recent plans. Creditors now have some assistance in these deliberations thanks to guidance published by HMRC