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

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IRS will stop showing up at homes unannounced in effort to protect agents, combat scammers

The New York Post is reporting that IRS will stop showing up at homes unannounced in effort to protect agents, combat scammers. The article can be found at https://nypost.com/2023/07/24/irs-ending-policy-of-unannounced-home-vis…

Dissenting Opinions At U.S. Supreme Court (Coinbase v. Bielski & Waleski v. Montgomery)

By: Donald L Swanson Dissenting opinions are always interesting. Sometimes, they are even the most interesting part of the entire case. Two recent dissents, in opinions of the U.S. Supreme Court, are decided three days apart: on June 23 & 26 of 2023

When You Can’t Pay The EIDL Loan

The COVID-era EIDL loans are coming due. But just because the pandemic is over doesn’t mean that business has returned to normal. Prepandemic, normal may have been difficult too. If yours is one of the many businesses can’t bear the additional stress

How to Deal with Creditor Harassment in Pennsylvania

Harassment from any source can be intimidating and overwhelming. If creditors are harassing you, it is important to learn how to make them stop in Pennsylvania. Creditor harassment generally includes any communications from a lender or debt

What you need to know about Vehicle Repossessions in New Jersey

Having your car repossessed is a very upsetting experience. Understanding the process, relevant statutes, and potential solutions is crucial if there is a possibility that your car will be repossessed. In this blog post, we will explore how car

Weekly News – July 21

Loans win! Loans win! Loans win! But, wait…. the battle isn’t over yet… the Court still has to rule. Tell us what you think! How should the Court ultimately rule? And, what does this all mean for the market?? #AMCAPES whack-a-mole This drama isn’t

Can You Sell Your House if it’s in Foreclosure in Pennsylvania?

When foreclosure is imminent, selling your house might seem like a fine solution. But can you sell your house if it is in foreclosure in Pennsylvania? You may be able to sell your house if you are facing foreclosure in Pennsylvania, provided the

July 21, 2023 Bankruptcy Quiz – ABI Edition

Here’s this week’s Bankruptcy Quiz, coming to you from ABI Southeast at Amelia. It’s only fitting then that this quiz focuses on session topics from this year’s seminar. Click the image to take the quiz. Click here for prior quizzes. If you enjoyed

What You Need To Know About Vehicle Repossessions in New Jersey

Having your car repossessed is a very upsetting experience. Understanding the process, relevant statutes, and potential solutions is crucial if there is a possibility that your car will be repossessed. In this blog post, we will explore how car

A $500 Billion Corporate-Debt Storm Builds Over Global Economy Yahoo Finance

Yahoo Finance published an article discussing the potential default of $500 billion in corporate debt. The article indicates that large corporate bankruptcies are accumulating at the second-fastest rate since 2008, surpassed only by the initial phase

(UK) Have You Got Consent? Dealing with Administration Extensions

Although an initial administration extension can be dealt with by consent, if that consent is not valid the extension will also be invalid. This leaves administrators in a difficult position because they will not be in office unless the court

Trade-Off Theory: For Minimizing Debtor Benefits In Subchapter V

By: Donald L Swanson There is trade-off theory going around for construing Subchapter V statutes. The theory is used to minimize benefits that Subchapter V statutes provide to debtors. The Theory The theory goes like this: elimination of the absolute

Ninth Circuit BAP Rules Exceptions from Discharge do not Apply in Corporate Subchapter V Cases

Lafferty v. Off-Spec Solutions, LLC (In re Off-Spec Solutions, LLC), — B.R. — (9th Cir. BAP Jul. 6, 2023) On July 6, 2023, the U.S. Bankruptcy Appellate Panel for the Ninth Circuit entered an opinion affirming a decision by a bankruptcy court dismissing a complaint for nondischargeability under Bankruptcy Code § 523(a)(6).  The appellant had... Continue Reading → The post Ninth Circuit BAP Rules Exceptions from Discharge do not Apply in Corporate Subchapter V Cases first appeared on Higher Court.

Subchapter V: Its History And Its Future (An Interview With Robert J. Keach)

By: Donald L Swanson Subchapter V is the newest provision of the Bankruptcy Code—becoming effective on February 19, 2020. Subchapter V arose from a Report by the American Bankruptcy Institute’s Commission to Study the Reform of Chapter 11. Here is a

More than 800,000 borrowers are still eligible to benefit from student loan forgiveness according to NPR

More than 800,000 borrowers are still eligible to benefit from student loan forgiveness according to NPR. The story can be found at https://www.npr.org/2023/07/15/1187929868/more-than-800-000-borrowers-a…

What Are the Downsides to Debt Consolidation?

When debt is insurmountable, filing for bankruptcy may be preferable to getting a debt consolidation loan because of the downsides it presents. Addressing your financial problems through debt consolidation is not the same as doing so through

(UK) How Qualifying Is Your Floating Charge?

A floating charge debenture holder has the advantage that they can enforce their security by appointing their choice of administrators. This is a powerful and useful tool for lenders but is subject to the caveat that the debenture has to be

Weekly News – July 14

Look Out for our New Feature Tell us what topics you want our panel to weigh in on: Exclusive Opportunism The Serta Opinion Conflicts of Interest in BK SCOTUS review of Purdue? Party City deflating… Twitter looking for advisors? Paramount on the

5 Signs You Need to Find a Local Bankruptcy Attorney

By Law Offices of David M. Siegel Bankruptcy Attorney Chicago Feeling like you’re sinking in a sea of debt, juggling bills, and losing sleep over your financial situation? It might be time to consider seeking help from a local bankruptcy attorney

Third Party Payoff Under Factoring Agreement Not Avoidable Despite Ponzi Scheme Connection

Mann v. LSQ Funding Group, L.C., No. 22-2436 (7th Cir. June 22, 2023) On June 22, 2023, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment in favor of LSQ Funding Group, L.C., a creditor in the Engstrom, Inc. bankruptcy case.  Summary judgment was entered against Douglas Mann, chapter 7 trustee for... Continue Reading → The post Third Party Payoff Under Factoring Agreement Not Avoidable Despite Ponzi Scheme Connection first appeared on Higher Court.