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ABI Blog Exchange

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

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Jason Realty’s Restrictions on Use of Rents as Cash Collateral Do Not Apply to a Debtor’s Use of Hotel Revenues

The Bankruptcy Court for the District of New Jersey (Kaplan, J.) recently held that hotel revenues (including revenues generated from room occupancy, food and beverage sales, catering, gift shop purchases, spa, and related hotel services) do not

A New Means Test Form Coming?

We’ve posted recent news about the Supreme Court’s Lanning and Ransom decisions on their interpretations of the Means Test which BAPCPA added to the Bankruptcy Code. Now comes word that the Bankruptcy Rules Committee plans to propose a new...

Time to Pay arrangements - rejections continue to rise

HMRC recently issued statistics for the Business Payment Support Service for the three months ended March 2011, their headlines, as you would expect, are the level of support they have provided to date and the reducing level of applications received

Is CRE In Recovery Mode? The Task List Tells Me . . . .

So, where are we in the "stages" of the current commercial real estate cycle? Near the end? Midway? One way to measure is to examine "what" we're doing - during our work day. This is not a measure of the market (number of defaults, etc.), but a look

Reaffirmation of Debt Need Not be Under Same Terms as Original Loan

Most people know that Chapter 7 allows you to wipe out unsecured debt – credit card bills, medical debt and other signature loans. But what about secured debt – loans you are still paying to finance your home, your car, perhaps some jewelry or

Decision in DBSI Inc., Holds that the "Particularity" Requirement of F.R.C.P. 12(b)(6) and 9(b) was Satisfied, Notwithstanding the Number of Alleged Fraudulent Transfers

Summary In a 10 page decision signed May 5, 2011, Judge Walsh of the Delaware Bankruptcy Court denied a motion to dismiss and held that the plaintiff Litigation Trustee satisfied the “particularity” requirements of Federal Rules of Civil Procedure 12

The Meaning (or Absence Thereof) of Abstentions

When shareholders mark "abstain" on a ballot, what does it mean? Does the meaning differ depending on whether it's to elect a director, vote on say-on-pay or a shareholder proposal? The effect of abstentions in determining the pass/fail rate for an

The Meaning (or Absence Thereof) of Abstentions

When shareholders mark "abstain" on a ballot, what does it mean? Does the meaning differ depending on whether it's to elect a director, vote on say-on-pay or a shareholder proposal? The effect of abstentions in determining the pass/fail rate for an

Bigger & Fewer: "Banks" Rule

There is a new mosaic, or one that was just not recognized, developing in the Economy, and somewhat specifically in the mortgage area. Banks, systematically getting bigger and bigger, and fewer and fewer, are dictating the rules. The Big 4 (or 4 1/2)

Bigger & Fewer: "Banks" Rule

There is a new mosaic, or one that was just not recognized, developing in the Economy, and somewhat specifically in the mortgage area. Banks, systematically getting bigger and bigger, and fewer and fewer, are dictating the rules. The Big 4 (or 4 1/2)