ABI Blog Exchange

Here We Go Again: U.S. Supreme Court Invites Solicitor General’s Views On A Bankruptcy Case In Which U.S. Is Not A Party (Hertz v. Wells Fargo)

By: Donald L Swanson “ Jun 02 2025 The Solicitor General is invited to file a brief in this case expressing the views of the United States.” That’s the latest entry by the U.S. Supreme Court on its electronic docket for Case No. 24-1062, The Hertz

US Open Preview with Peter Kaufman | Special Middle Market Musings Podcast – Golf Edition

Special Middle Market Musings Golf Edition - US Open preview with Peter Kaufman. Peter Kaufman is President/Head of Restructuring and Distressed M&A at Gordian Group, a New York City-based investment bank. He’s found an illustrious second career as a regular golf contributor with The Daily Drive, an online golf journalism collective. Andy and Charlie (who are both still in search of their first careers) enlist Peter in a tour of all things golf on the eve of this year’s U.S. Open. The conversation begins with an update on the current state of distressed M&A activity, but then turns to the main order of business. Peter, Charlie and Andy assess the PGA competitive landscape; the Open’s return to the legendary Oakmont Country Club; the state of play between the PGA and LIV tours; and the likely composition of the Ryder Cup teams this fall. The post US Open Preview with Peter Kaufman | Special Middle Market Musings Podcast – Golf Edition appeared first on Gordian Group, LLC.

Safeguarding the Courtroom from AI-Generated Evidence: Federal Rule of Evidence 707 Approved by Judicial Conference

After Bankruptcy, suing Navy Federal

After doing a bankruptcy for her mom, we helped Tammy sue Navy Federal. Back in 2011, Navy Federal emptied out the savings account where 14-year-old Tammy (not her real name) saved the money she made babysitting. Tammy’s mom, Jessica, needed to file

MEDIATORS Prefer Zoom Mediations To In-Person Mediations (A Study Of EEOC Mediations—Part 2 of 2)

By: Donald L. Swanson Mediators prefer Online Dispute Resolution to In-Person Mediation, in mediations conducted by the U.S. Equal Employment Opportunity Commission (“EEOC”). That’s the finding from a study of mediators who served in the mediation

Weekly News – June 6

Clearlake in the spotlight again, Ukraine default, Musk/Trump and a US default??, eyeing Fannie/Freddie, Thames Water sinking, Hertz make-whole getting teed up, At-Home double-dip and much, much more… Creditor Corner Your weekly curated content from

The Academics Speak Up: Levitin on Independent Directors

As part of our ongoing series on the role of independent directors in the restructuring process, we asked renowned Professor Adam Levitin of Georgetown Law to give his take. Levitin argues that the concept of an independent director is inappropriate

“Writing” Attachment Requirements For A Proof Of Claim And Prima Facie Validity (In re SVB)

By: Donald L Swanson Here is a refresher on the proof of claim requirement for a “writing” attachment (under Fed.R.Bankr.P. 3001), and on the prima facie validity that can result (under subpart (f) thereof). The opinion is In re SVB Financial Group

E.D.N.C.: Lewis v. EquityExperts PART III- Amendment of Complaint for Class Action Against HOA Agent

E.D.N.C.: Lewis v. EquityExperts PART III- Amendment of Complaint for Class Action Against HOA Agent Ed Boltz Wed, 06/04/2025 - 16:48 Summary: Judge Louise Flanagan ruled on two key post-certification motions in this putative class action concerning

Bankruptcy Refresher: What Business Leaders Should Know as Corporate Filings Increase

Why Does the Bankruptcy Court Look at My Tax Forms

Why Does the Bankruptcy Court Need My Tax Forms? When we file your bankruptcy case, we have to turn in copies of your last year’s tax forms. Your bankruptcy trustee will look at them, and you might get asked a question or two a t your bankruptcy

Bankr. M.D.N.C.- In re Fall Creek One- Valuation of Glamping Pods

Bankr. M.D.N.C.- In re Fall Creek One- Valuation of Glamping Pods Ed Boltz Tue, 06/03/2025 - 16:33 Summary: In this Chapter 11 case, Fall Creek One, LLC sought to reorganize after defaulting on a $4.4 million loan from Marine Federal Credit Union

70% Of Mediation PARTICIPANTS Prefer Zoom Mediations To In-Person Mediations (A Study Of EEOC Mediations—Part 1 of 2)

By: Donald L. Swanson “Nearly 70% of the participants prefer Online Dispute Resolution [e.g., via Zoom] to In-Person Mediation . . . Only 13% preferred In-Person Mediation in the future.” That’s the finding from a study of party-participants in the

Review (of a Book Review): Atkinson, Abbye, WHO'S AFRAID OF BANKRUPTCY? (March 10, 2025).

Review (of a Book Review): Atkinson, Abbye, WHO'S AFRAID OF BANKRUPTCY? (March 10, 2025). Ed Boltz Mon, 06/02/2025 - 18:11 Available at: https://harvardlawreview.org/print/vol-138/whos-afraid-of-bankruptcy/ Abstract: Book Review: UNJUST DEBTS: HOW

How important is it to document directors’ decisions and keep contemporaneous evidence? (UK)

The recent High Court case of Stacks Living Limited & Ors v Shergill & Ors ( “Stacks Decision”) has further highlighted the importance of taking advice and documenting decisions following the much-publicised decision of Wright v Chappell (the “BHS

Weekly News – May 30

Scott Goodwin joins Prof G podcast Altice game of thrones, Wolfspeed bankruptcy, Saks Meaner & Rougher LME, and much, much more… Creditor Corner Your weekly curated content from the Creditor Rights Coalition Over 3,000 member subscribers and growing

Eliminate The Tax Refund & Protect Yourself From Government Collections

We’ve recently heard sternvoiced threats from the federal government about collecting delinquent student loans and defaulted EIDL loans. One of their collection tools is the Treasury Offset Program. It allows the feds to take some or even all of

May 2025 Ponzi Scheme Roundup

By Kathy Bazoian Phelps Below is a summary of Ponzi scheme activity reported for May 2025. There were at least 7 new Ponzi schemes revealed this month, 6 guilty pleas, and prison sentences of 48 years. The average age of the fraudsters was about 43

Law Review: Araujo, Ligia De, How Financial Consulting Can Help Prevent Business Bankruptcy in the U.S. (February 27, 2025).

Law Review: Araujo, Ligia De, How Financial Consulting Can Help Prevent Business Bankruptcy in the U.S. (February 27, 2025). Ed Boltz Fri, 05/30/2025 - 18:57 Available at: https://ssrn.com/abstract=5167034 Abstract: The rise in corporate bankruptcies

Political Science Review: Papageorgiou, Stylianos and Tejada, Oriol, Economics and Politics of Student Debt Relief (April 14, 2025)

Political Science Review: Papageorgiou, Stylianos and Tejada, Oriol, Economics and Politics of Student Debt Relief (April 14, 2025) Ed Boltz Thu, 05/29/2025 - 17:01 Available at: . Available at SSRN: https://ssrn.com/abstract=5216239 or http://dx.doi