ABI Blog Exchange

Will I Get a Discharge in My Bankruptcy Case

Getting a bankruptcy discharge is what almost all cases are about. So the question of whether or not you’ll get a discharge looms large in Chapter 7. The short answer is that if you are eligible for a discharge, you’re almost certain to get a

Why Debt Consolidation Isn’t Always the Best Solution: A Bankruptcy Attorney’s Perspective

Financial distress can feel overwhelming, and finding the right path toward resolution can be challenging. Two common strategies that individuals consider when addressing this crisis are debt consolidation and bankruptcy. Both options present

What is the Act 91 Notice of Foreclosure in Pennsylvania?

Getting an Act 91 from your bank warning you of an imminent foreclosure can be frightening. But how serious is this letter, and how can homeowners in Pennsylvania respond to it? Banks send Act 91 notice of foreclosure letters when homeowners have

Bankruptcy Appellate Panel Rules That A Section 524(a) Discharge Does Not Protect The Debtor’s Alter Egos (US)

When a debtor receives a bankruptcy discharge, section 524(a) of the U.S. Bankruptcy Code prohibits a creditor from seeking to collect a prepetition debt against the discharged debtor or its property. Importantly, the discharge does not extinguish

Teamsters says U.S. trucking firm Yellow shuts operations, to file for Bankruptcy

Teamsters says U.S. trucking firm Yellow shuts operations, to file for Bankruptcy. The article can be found at https://www.cnbc.com/2023/07/31/teamsters-says-us-trucking-firm-yellow-… Jim Shenwick, Esq 917

What is the Act 6 Foreclosure Notice in Pennsylvania?

The mortgage foreclosure process happens in court. Before foreclosure officially begins, a lender will send a foreclosure notice in Pennsylvania. If you currently have a Federal Housing Administration (FHA) or U.S. Department of Agriculture (USDA)

Should A Mass-Tort Bankruptcy Plan, With 95% Creditor Approval, Be Confirmed? (In re Purdue Pharma)

By: Donald L Swanson In a mass-tort bankruptcy, when 95% of 120,000 creditors vote to accept a mediated plan paying over $7 billion to creditors, shouldn’t the plan be confirmed? That’s the question, decided in favor of plan confirmation by the

Fifth Circuit Confirms the Value of Bid Protections in Section 363 Sales

Fifth Circuit Confirms the Value of Bid Protections in Section 363 Sales

July 2023 Ponzi Scheme Roundup

Posted by Kathy Bazoian Phelps Below is a summary of Ponzi scheme activity reported for July 2023. At least 7 new Ponzi schemes came to light this month. Over 24 years of prison sentences were imposed on Ponzi schemers. The average age of the

Weekly News – July 28

CRC weighs in on Serta The CRC may take positions as part of its Advocacy efforts that do not necessarily reflect the individual views of any Board member or Contributor, nor their respective institutions. Tell us what you think. Was Serta wrongly

'I feel abandoned' — businesses warn of bankruptcy as deadline to pay back COVID loans looms

'I feel abandoned' — businesses warn of bankruptcy as deadline to pay back COVID loans looms Nearly 250,000 small businesses who received CEBA loans are in danger of shutting down, says CFIB The article can be found at: https://financialpost.com/news

July 28, 2023 Bankruptcy Quiz

Here’s this week’s Bankruptcy Quiz, with an emphasis on Section 363 sales. Click the image to take the quiz. Have a nice weekend! Click here for prior quizzes. If you enjoyed this post and would like to be the first to hear about new Bankruptcy

Axos Bank--More Sketchiness?

The Washington Post has a big piece up about Axos Bank being the lender-of-last-resort for Donald Trump. But those us who work in the consumer finance space, know of Axos as a notorious bank partner in rent-a-bank arrangements. Axos is...

Vince Lombardi Is To Blame

Ever feel like you’re battling your mortgage lender for your life? Or the life of your home? The unfairness and irrationality of mortgage servicing makes it easy to see the fight as one for your self worth. Who is comfortable being a victim of

Notable Subchapter V Bankruptcy Opinions: June 2023 Edition

Picking up where I left off last month, I’ll continue my experiment of providing short summaries of each month’s notable Subchapter V opinions. Again, these are not going to be all-encompassing summaries. Rather, we’ll provide a roadmap of the issues

How To Win A Battle But Probably Lose The War At U.S. Supreme Court (Mallory v. Norfolk Southern)

By: Donald L Swanson Mallory v. Norfolk Southern Railway Co.[fn. 1] has got to be one of the most unusual vote-count opinions at the U.S. Supreme Court. Get this: Justice Gorsuch writes a plurality opinion, vacating the judgment of the Supreme Court

Can You Rent an Apartment After Bankruptcy in Arizona?

Can You Rent an Apartment After Bankruptcy in Arizona? How To Rent An Apartment in Arizona Post-Bankruptcy In the wake of bankruptcy, it’s natural to question how this significant financial event might influence your future opportunities. In

Asset Armor: Protecting Your Wealth with Bernstein-Burkley’s Asset Protection Insights Blog #5

By Harry W. Greenfield July 26, 2023 A series of blogs on Asset Protection…. Blog #5 >>> When working with a client to protect their assets, exemption planning is important. … The post Asset Armor: Protecting Your Wealth with Bernstein-Burkley’s

Can You Avoid Registration Requirements as a Sex Offender in Pennsylvania?

The sex offender registry is a frightening prospect. Registered sex offenders face great difficulty after incarceration, and many hope to somehow avoid registration requirements. The Sex Offender Registration and Notification Act (SORNA) is a federal