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

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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

As auto loan delinquencies rise, as a vehicle creditor do you know your rights within consumer bankruptcy?

By: Keri Ebeck Auto loan delinquencies are rising to levels greater than we saw in 2008-2009 recession. The amount of auto loans that are sixty (60) plus days past due … The post As auto loan delinquencies rise, as a vehicle creditor do you know your

Debt settlement: how it really works

Debt settlement companies thrive on tapping the consumer’s genuine desire to pay back their debts. They don’t tell you how debt settlement works, in reality. They promise that they will compromise with your creditors for a sizable discount and all

(US) Who Owns the Crypto: Bankruptcy Court Rules That Customers Do Not Own The Deposited Crypto

Who owns cryptocurrency held by a cryptocurrency exchange? Do the cryptocurrency assets belong to the customers who deposited the crypto with the exchange, or do the cryptocurrency assets belong to the exchange itself? The answer to this question

What lenders can do after the foreclosure

Foreclosure is traumatic enought without worrying whether lenders can sue you after foreclosure. Breathe deeply. California has laws that limit what a mortgage lender can do to collect its money after the foreclosure. One addresses the rights of the

Merchant Cash Advances to Small Businesses and the Risks and Pitfalls of those Loans

The Daily Record has an article titled "Small business, big target: Predatory lenders take aim at struggling businesses | Civil Litigation". The article concerns Merchant Cash Advances to small businesses and the risks and pitfalls of those loans

Refreshing A Concluded Mediation—Because Of Mediator’s Ethics Improprieties In Other Contexts (In re Tehum)

By: Donald L Swanson Everyone knows by now of a problem in the Southern Texas Bankruptcy Court with a judge who resigned over ethics controversies. That resignation did not solve anything for the cases in which that judge was involved. Instead, the

How Do I Defend Myself in Court Against a Debt Collector in Pennsylvania?

Being in debt is not an enjoyable experience in any way whatsoever. It can make you feel like you are beholden to someone else and not exactly free to do whatever you want. Even though you may be working to pay off a debt, the reality is that a