Skip to main content
Help Center
banner

ABI Blog Exchange

article-exchange

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

Read Article

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

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.