ABI Blog Exchange

Consumer Law Scholars Conference--Call for Abstracts

The Center for Consumer Law & Economic Justice at Berkeley Law has announced the call for abstracts for the 2024 Consumer Law Scholars Conference. Abstracts are due by September 8, 2023, for the conference scheduled for February 29-March 1, 2024....

5 Common Causes of Small Business Bankruptcy from RBC Royal Bank

RBC Royal Bank has an article about the "5 Common Causes of Small Business Bankruptcy " The article can be found at https://discover.rbcroyalbank.com/5-common-causes-of-small-business-ban… Common causes cited by business owners for

Fifth Circuit Rules Bankruptcy Court Lacked Jurisdiction to Approve Post-Confirmation Settlement That Conflicted With Plan

Sarnosky v. Chesapeake Energy Corp. (In re Chesapeake Energy Corp.), No. 21-20323 (5th Cir. June 8, 2023) On June 8, 2023, the U.S. Court of Appeals for the Fifth Circuit vacated a judgment approving a settlement agreement, entered into after confirmation of a chapter 11 plan of reorganization, that conflicted with the plan and was... Continue Reading → The post Fifth Circuit Rules Bankruptcy Court Lacked Jurisdiction to Approve Post-Confirmation Settlement That Conflicted With Plan first appeared on Higher Court.

Shouldn’t Entrepreneurs Have After-Liquidation Bankruptcy Relief For The Risks They Take? (In re Hillman)

By: Donald L Swanson Subchapter V eligibility requires a debtor to be “engaged in” commercial/business activities. Case Law Consensus Case law consensus is that such activities must exist on the petition filing date. That means a debtor cannot

Eleventh Circuit Confirms Refunds as the Remedy for Overpayment of U.S. Trustee Fees

Eleventh Circuit Confirms Refunds as the Remedy for Overpayment of U.S. Trustee Fees

Gordian Group President Peter Kaufman Interview by Scripps News on LIV PGA Golf Merger

Gordian Group President Peter Kaufman Interviewed by Del Walters on LIV PGA Golf Merger | Scripps News “The Debrief”     PGA / LIV Merger, The Saudis and Capitol Hill Hearings Gordian Group President and Golf Journalist Peter S. Kaufman was

Business Bankruptcies Pick Up Again

Business Bankruptcies Pick Up Again CFO Drive is reporting that Business Bankruptcies have increased. The story can be found at https://www.cfodive.com/news/business-bankruptcies-pick-up-again/686049/ Jim Shenwick, Esq 917 363 3391 jshenwick@gmail

New York’s Sovereign Debt Restructuring Proposals

The confluence of the COVID-19 pandemic, high inflation, and increased borrowing costs culminated in countries incurring record levels of debt. [1 ] Despite this global debt crisis, there is currently no comprehensive set of rules or body of law to

Asset Armor: Protecting Your Wealth with Bernstein-Burkley’s Asset Protection Insights Blog #4

By Robert S. Bernstein July 12, 2023 A series of blogs on Asset Protection…. Blog #4 >>> Having seen a couple of examples of a creditor (or debtor) building in … The post Asset Armor: Protecting Your Wealth with Bernstein-Burkley’s Asset Protection

Are UK Restructuring Plans Still too Expensive?

As far as they go, restructuring plans have worked well since they were first introduced 3 years ago. This is reflected in the most recent review of CIGA published by the Insolvency Service which reflects favourably on this new insolvency measure

Bankruptcy Judge Converts Motion for Rule 2004 Exam Into Motion for Post-Judgment Discovery

Richardson v. Younce (In re Nail), No. 22-01379 (Bankr. W.D.Mich. June 8, 2023) On June 8, 2023, the U.S. Bankruptcy Court for the Western District of Michigan issued a memorandum decision and order dealing with a motion by the chapter 7 trustee, who had prevailed in litigation, for authority to conduct an examination of the... Continue Reading → The post Bankruptcy Judge Converts Motion for Rule 2004 Exam Into Motion for Post-Judgment Discovery first appeared on Higher Court.

SBA EIDL HARDSHIP PROGRAM

The SBA is offering a Hardship Plan for borrowers experiencing financial challenges. Eligible borrowers are required to pay at least 10% of their monthly payment amount for six months. Interest will continue to accrue, which may increase payments due

Gordian Group President Peter Kaufman Interviewed on LIV PGA Golf Merger on CNBC’s Last Call

Gordian Group President Peter Kaufman Interviewed by Brian Sullivan on LIV PGA Golf Merger | CNBC Last Call   Peter S. Kaufman was interviewed on CNBC’s Last Call with Brian Sullivan and Sam Riggs Bozoian of Barstool Sports on the PGA/LIV merger and

Expected Changes to the UK Corporate Moratorium

The three year review of CIGA (the Corporate Insolvency and Governance Act) published by the Insolvency Service suggests that we might see changes to the corporate moratorium process – will these address concerns about the process and encourage more

U.S. Supreme Court’s “Takings Clause” Ruling Also Applies To Tax Certificate Foreclosures

By: Donald L Swanson The U.S. Supreme Court recently declares that a government cannot take, in a tax foreclosure sale, more than what’s owed. That’s prohibited by the “Takings Clause” of the U.S. Constitution.[Fn. 1] The Supreme Court’s opinion is

Weekly News – July 7

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 How much is too much? FTX gunning for Sub Con? Find the Second Interim Report Here Reminds us of

Index of Jim Shenwick, Esq Articles on Defaulted SBA EIDL Loans, Workouts, Offer in Compromise (OIC), & Bankruptcy

Defaulted SBA EIDL Loans, Limited Liability Company (LLC) and Cancellation of Debt Income (COD) under Section 108 of the Internal Revenue Code https://shenwick.blogspot.com/2023/07/defaulted-sba-eidl-loans-limited… Offers In Compromise ("OIC")

Defaulted SBA EIDL Loans, Limited Liability Company (LLC) and Cancellation of Debt Income (COD) under Section 108 of the Internal Revenue Code

Defaulted SBA EIDL Loans, Limited Liability Company (LLC) and Cancellation of Debt Income (COD) under Section 108 of the Internal Revenue Code As many readers of our emails and blog posts know, Shenwick & Associates has developed a specialty helping

July 7, 2023 Bankruptcy Quiz

Here’s this week’s Bankruptcy Quiz. In this quiz, I’m using or adapting questions from prior American Bankruptcy Board of Certification sample exams. Click the image to take the quiz. Click here for prior quizzes. If you enjoyed this post and would