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

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Rule 41’s “Two-Dismissal” Rule Does Not Apply to Prior Contested Matter Where Objection is Filed

Airport Business Center v. Alfahel (In re Alfahel), No. 22-1219 (9th Cir. BAP June 1, 2023) On June 1, 2023, the U.S. Bankruptcy Appellate Panel of the Ninth Circuit upheld the decision of the U.S. Bankruptcy Court for the Northern District of California, which avoided a judicial lien held by Airport Business Center (ABC) pursuant... Continue Reading → The post Rule 41’s “Two-Dismissal” Rule Does Not Apply to Prior Contested Matter Where Objection is Filed first appeared on Higher Court.

Biden's Plan B on student loan forgiveness relies on Higher Education Act: What to know

Biden's Plan B on student loan forgiveness relies on Higher Education Act: What to know See article at https://abc7chicago.com/joe-biden-student-loan-forgiveness-plan-higher-… Jim Shenwick, Esq 917 363 3391 jshenwick@gmail.com

Guidance From Justices Gorsuch and Jackson on “Excessive Fines” Under U.S. Constitution (Tyler v. Hennepin County)

By: Donald L Swanson “ we need not decide whether she has also alleged an excessive fine under the Eighth Amendment.” –From U.S. Supreme Court’s unanimous opinion, Tyler v. Hennepin County, Minnesota, Case No. 22-166, at 14 ( decided May 25, 2023)

Evolution of AI: How Our Law Firm Uses Artificial Intelligence

Not Clear for Takeoff: How a Lawyer Loses an Airline Lawsuit for Using ChatGPT You may have read the story of the lawyer who filed a brief using artificial intelligence. Representing his client in a personal injury suit against Avianca Airlines, the

Are HMRC Critical To UK Restructuring Plans?

It’s now level pegging for HMRC on cram down – twice it has been crammed down, and twice it has not. In the most recent restructuring plan proposed by Prezzo, the court sanctioned the company’s restructuring plan and crammed down HMRC as both

Commercial Chapter 11 Filings Increased 68% Y/Y in the First Half of 2023

Commercial Chapter 11 Filings Increased 68% Y/Y in the First Half of 2023 see the article at https://www.monitordaily.com/news-posts/commercial-chapter-11-filings-i…

Ninth Circuit BAP Overturns Summary Judgment Due to Misapplication of Issue Preclusion Under Ohio Law

Westhuizen v. Sky (In re Westhuizen), No. 22-1133 (9th Cir. BAP June 2, 2023) On June 2, 2023, the U.S. Bankruptcy Appellate Panel for the Ninth Circuit overturned a bankruptcy court entry of summary judgment for nondischargeability under Bankruptcy Code § 523(a)(6).  The panel ruled that the bankruptcy court erroneously applied issue preclusion under Ohio... Continue Reading → The post Ninth Circuit BAP Overturns Summary Judgment Due to Misapplication of Issue Preclusion Under Ohio Law first appeared on Higher Court.

"'Here's What Happens When You File For Bankruptcy" Motley Fool

The Motley Fool has an article titled Here's What Happens When You File For Bankruptcy The article can be found at https://www.fool.com/the-ascent/personal-finance/articles/heres-what-ha… Clients with questions about

Subchapter V Trustee’s “Facilitate” Duty: A Confidentiality Dilemma

By: Donald L Swanson A Subchapter V Trustee “shall . . . facilitate the development of a consensual plan of reorganization.” [Fn. 1] This is a mediator-ish role: a “third party” who “participates to assist in the resolution of issues in controversy.”

Weekly News – June 30

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 2023 Restructuring Symposium Click through to view the slides from the Symposium Floating Rate

June 2023 Ponzi Scheme Roundup

Posted by Kathy Bazoian Phelps Below is a summary of Ponzi scheme activity reported for June 2023. Seventeen new Ponzi schemes came to light this month, involving over $1 billion of investor dollars. Over 62 years of prison sentences were imposed on

June 30, 2023 Bankruptcy Quiz

Here’s this week’s Bankruptcy Quiz. In this quiz, I’ll test which of you read the “ABI Headlines Delivered” emails from John Hartgen. Click the image to take the quiz and have a great 4th of July Week! Click here for prior quizzes. If you enjoyed

Eighth Circuit BAP Holds Increase in Equity Belongs to Estate in Converted Case

Goetz v. Weber (In re Goetz), No. 22-6009 (8th Cir. BAP June 1, 2023) On June 1, 2023, the U.S. Bankruptcy Appellate Panel for the Eighth Circuit affirmed a bankruptcy court’s denial of a motion by the Debtor Machele Goetz to compel abandonment of

5 Reasons Why Bruce Levitt Is The Right NJ Bankruptcy Lawyer for You

Filing for bankruptcy can be a stressful and overwhelming experience, but having the right bankruptcy lawyer by your side can make all the difference. Bruce Levitt, a partner at Levitt and Slafkes in Maplewood, New Jersey, is an experienced NJ

Yes, The IRS Can Sue To Collect On A Debt Forbes article

Forbes has an excellent titled "Yes, The IRS Can Sue To Collect On A Debt" The article discusses t he IRS assessment statute of limitations (three years from the time a tax return is filed to make the assessment) and the IRS collection statute of

Sovereign Immunity In Bankruptcy: Contrasting Opinions From U.S. Supreme Court (Puerto Rico & Lac Du Flabeau Tribe)

By: Donald L Swanson Contrasting opinions from any court, issued a month apart, are always instructive. And we have a new such thing—from the U.S. Supreme Court, no less, and from May and June of this year. The contrast is on this subject: whether

Sixth Circuit BAP Rules Email Accusing Counterparty of Default is Not Anticipatory Breach

OGGUSA, Inc. v. Louisville Dryer Co. (In re OGGUSA, Inc.), No. 22-8010 (6th Cir. BAP June 1, 2023) On June 1, 2023, the U.S. Bankruptcy Appellate Panel for the Sixth Circuit affirmed an order of a bankruptcy court holding that a certain email accusing a counterparty of default was not an anticipatory breach.  Specifically, OGGUSA,... Continue Reading → The post Sixth Circuit BAP Rules Email Accusing Counterparty of Default is Not Anticipatory Breach first appeared on Higher Court.

Today’s AI Stands To Create Work For Lawyers

Most lawyers were torn between wincing and laughing when a lawyer filed a brief packed with case authority created out of whole cloth by an AI bot. Meanwhile, a segment of the bar is fretting that we will be replaced by powerful artificial

Facing Bankruptcy After a $700 Million Bailout" New York Times article about Wasted Pandemic Loans from Government

"Facing Bankruptcy After a $700 Million Bailout"" New York Times article about Wasted Pandemic Loans from Government. The article can be found at https://www.nytimes.com/2023/06/27/business/yellow-trucking-bailout-tea… Jim Shenwick, Esq 917

How Are Social Security Disability (SSDI) Benefits Calculated in NJ?

Social Security Disability Insurance (SSDI) is a program that provides benefits to workers who have become unexpectedly injured before reaching the age of retirement. You can earn coverage under this program by working and paying social security