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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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Where’s the Outrage at the NFL Owners?

I wouldn’t pretend to understand all the permutations and intricacies of the negotiations involved the NFL and the NFL Player’s collective bargaining agreement. Still, I am confounded by the lack of outrage by NFL fans toward the NFL owners. Has the

The Dog That Didn't Bark - Second Circuit's Opinion in DBSD North America Disallows Gifting, But Is Silent on Cramdown of Secured Creditor

As discussed in previous posts on this site, back in December the Second Circuit Court of Appeals issued a summary order that reversed the bankruptcy court’s confirmation of the reorganization plan (the “Plan”) of DBSD North America, f/k/a ICO North

NYT: Credit Card Data Tells Mixed Story

By STEPHANIE CLIFFORDAmerican shoppers did not shed their reliance on credit cards over the year-end holidays.While the average debt on credit cards in December decreased by 4 percent compared with the same month a year before, Americans still

The Early View from Inside the Borders GOB Sale

This past Saturday, I was able to combine two of my interests, books and bankruptcy, in a trip to the Borders Going Out of Business Sale. Actually, my eldest daughter demanded that I take her there. However, I was happy to indulge her and I thought

Same Sex Married Couple Files Chapter 13 in Los Angeles

In what would appear to be the first of its kind, a legally married gay couple has filed a joint Chapter 13 petition in the Los Angeles Division of the U.S. Bankruptcy Court for the Central District of California on...

Are You Liable for Ongoing Homeowner’s Association Dues if You Surrender Your House in a Bankruptcy?

Earlier this month on my Atlanta-bankruptcy web site blog I discussed an interesting case involving mortgage loan deficiency claims that was issued by the Georgia Court of Appeals and Georgia Supreme Court. In the River Farm vs. Suntrust case, the


Lawsuits Being Flying Against Officers, Directors, Insiders And Professionals Of Failed Banks

The State of Georgia is among the national leaders in banks closed by state and federal agencies. So far in 2011, six Georgia banks have been closed, with the latest two being Habersham Bank and Citizens Bank of Effingham. Since late 2008, when the

Legacy Assets - Not Much Of An Inheritence

The Wall Street Journal in its February 5-6, 2011 edition had an article by David Benoit, entitled "BofA Sets Mortgage Cleanup Unit". The article about Bank of America was in the middle of the "B" section and drew little attention. In fact, there was

The Cost of Filing a Bankruptcy Case

This is a guest post by Wystan North. He has made his mark by writing on legal issues especially on bankruptcy filing procedures in different states. The author regularly writes on bankruptcy related issues including: Ohio bankruptcies, filing

6th Circuit B.A.P.: Michigan's bankruptcy-specific exemption statute is unconstitutional.

In re Schafer, 6th Cir. B.A.P., Feb. 17, 2011 (2011 WL 534752, authored by Hon. Marci B. McIvor). Under the Bankruptcy Code, debtors may choose between the federal exemptions listed in 11 U.S.C. § 522(d) or exemptions available under state law