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

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Limiting Creditor’s Rights: SEC’s Authority to Prevent Involuntary Bankruptcy Petitions in SEC v. Byers

By: Mark Sicari St. John's Law Student American Bankruptcy Institute Law Review Staff In S.E.C. v. Byers [1], the Second Circuit determined that the district court had the equitable authority to enter an anti-litigation injunction that prohibited

A&P -- Direct Showdown Avoided On Leasehold Liens Under DIP Financing Order

Can a debtor seeking debtor-in-possession (“DIP”) financing under Section 364 of the Bankruptcy Code grant a lender a lien on a leasehold interest in the face of an express anti-hypothecation provision in the underlying lease? There are no cases

I Can Breathe Again After Filing Chapter 13

2600 So. Gessner, Houston TX - Side Entrance of Bankruptcy Law Office Most of the time, I enjoy my work and am happy to help people with their debt problems. Like this morning, when a Chapter 13 bankruptcy client left my bankruptcy law office in

Filing Bankruptcy If You Haven’t Filed Taxes

Many people who need to file bankruptcy have other financial issues swirling around them as well, and taxes seem to loom the largest. Some have outstanding tax debts, whereas others simply haven’t filed tax returns in years. Depending on your mindset

Third Circuit Holds That Attorney Letter Can Form Basis for FDCPA Claim

A new opinion from the Third Circuit Court of Appeals could lead to more claims under the Fair Debt Collection Practices Act being filed in Bankruptcy Court. Allen v. LaSalle Bank, N.A., No. 09-1466 (3 rd Cir. 1/12/11) held that correspondence from a


Atlanta Bar Association, Bankruptcy Section, Monthly Breakfast Meeteings

The Bankruptcy Section of the Atlanta Bar Association enthusiastically announces the commencement of monthly Breakfast Meetings in Year 2011. Please save the dates listed below and come join your colleagues for delicious food, collegiality and

Economy Getting Better? What Do You Have In Your Wallet?

The latest news and business reports say that "the economy is improving. All economic indicators show..." If that is true, and not just hype, as the commercial for a credit card asks, "What do you have in your wallet?" How can the jobless rate waiver

U.S. Supreme Court: Chapter 13 Debtor Who Does Not Make Loan or Lease Payments Cannot Deduct Vehicle Ownership Expenses

Ransom v FIA Card Services, NA, Supreme Court of the United States, Jan. 11, 2011 (Case No. 09-907). In the first opinion authored by Justice Elena Kagan, the Supreme Court of the United States held that a Chapter 13 debtor who owns a vehicle

Supreme Court Hands Credit Card Companies a Big Win

Yesterday, the U.S. Supreme Court issued a creditor friendly decision in the case of Ransom v. Fia Card Services. At issues was the “ownership expense” deduction in the means test. The means test is a calculation used to determine whether a debtor

The Supreme Court's Decision in Ransom

The U.S. Supreme Court issued its 8-1 decision in Ransom today. Justice Kagan wrote for the majority and Justice Scalia wrote a dissenting opinion. It is reported that this is Justice Kagan's first opinion.The majority opinion held that an over