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

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Can the Repo Man Move Another Car to Get to Yours in Pennsylvania?

Having your car repossessed is not just humiliating. It is also a serious disruption to your life. Repossessions do not always go smoothly, and the repo workers taking your car might encounter obstacles, such as other vehicles in the way. If your car

SEC Off-Channel Communications Sweep

Over the last several years, the Securities and Exchange Commission (the “SEC”) and the Commodities Futures Trading Commission (“CFTC”) have been laser-focused on the use of so called “off-channel communications” in the financial services industry

Yahoo Finance article on Filing for Personal Bankruptcy

Yahoo Finance has a very informative article on filing for personal bankruptcy? The article can be found at https://finance.yahoo.com/news/file-bankruptcy-195833314.html Jim Shenwick, Esq 917 363 3391 jshenwick@gmail.com Please click the link to

Third Circuit Adopts “Reasonable Reader” Standard Under Fair Credit Reporting Act

On August 8, 2022, the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of three actions brought under the Fair Credit Reporting Act (15 U.S.C. §§ 1681 through 1681x) (“FCRA”), adopting a “reasonable reader” standard and holding

How to Settle a Personal Injury Claim with Insurance in Pennsylvania

When settling a personal injury claim with an insurance company, victims in Pennsylvania should understand what the process entails so that they can get the best result possible. There are several steps involved in settling a personal injury claim

(UK) Pensions – A Pot to Play for?

The recent case of Re Lloyds British Testing Ltd [2023] is a reminder not to forget that in the right circumstances a director’s occupational pension pot might be a valuable source of funds that an Insolvency Practitioner (IP) can access to recover

Can a Repo Man Enter Private Property in New Jersey?

After falling behind on payments, property or assets might be repossessed, including your vehicle. While repo men can enter your property to take your car, there are limits to how far they can go. Repossession can be very invasive, and repo men can

Working Together: A Previously Successful Business’s General Counsel and Distressed-Debt Counsel

By: Donald L Swanson Answers to these two questions can get tricky: When should a previously successful business engage distress-debt counsel? What is the role of the business’s general counsel once that happens? Second Question: Role Here’s the

Bankruptcies are skyrocketing — and that’s only half the story see interesting article on The Hill-URL below.

Bankruptcies are skyrocketing — and that’s only half the story. Interesting article about the increase in bankruptcy filings in The Hill. URL for the story is below. https://thehill.com/opinion/finance/4011001-bankruptcies-are-skyrocketi…

U.S. SUPREME COURT DECIDES THAT FAILURE TO OBTAIN A STAY OF A BANKRUPTCY COURT ORDER APPROVING A SALE IS NOT “JURISDICTIONAL” AND THEREFORE DOES NOT PREVENT AN APPEAL

By Jeffrey C Toole May 24, 2023 Section 363 of the Bankruptcy Code permits debtors-in-possession and trustees to sell or lease property of the bankruptcy estate to someone else, subject … The post U.S. SUPREME COURT DECIDES THAT FAILURE TO OBTAIN A

Bankruptcy Law Trumps State Protection For Judgment Lien

State law insulated a recorded judgment lien from future increases in the homestead exemption. Bankruptcy law trumps that limitation, says the 9th Circuit in Barclay v. Boskoski. [T]he Bankruptcy Code requires courts to determine the amount of the

Bankruptcy Court Refuses to Reopen Case for Reaffirmation Agreement

In re Uzcanga-Ramirez, No. 22-31705 (Bankr. D.Or. May 9, 2023) On May 9, 2023, the U.S. Bankruptcy Court for the District of Oregon entered an opinion, approved by all of the active judges of the district, to accompany an order denying the debtor’s

Student Loans Take Another Bankruptcy Hit: This Time On Subchapter V Eligibility (In re Reis)

By: Donald L Swanson The hits keep coming for student loans in bankruptcy. This time the hit is this: student loans for attending medical school do not qualify as “commercial or business” loans for Subchapter V eligibility. The central finding, for a

Shenwick & Associates New Website

Jim Shenwick is proud to announce that our new & improved website can be viewed at https://sites.google.com/site/jshenwick/home Jim Shenwick, Esq 917 363 3391 jshenwick@gmail.com

The Debt Limit Is Unconstitutional—But It's Not What You Think!

Anna Gelpern, Stephen Lubben and I have an article in The American Prospect entitled The Debt Limit Is Unconstitutional—but Not for the Reason You Think. Various commentators—and members of Congress—have suggested that the President “invoke the 14th

Debunking Debt Ceiling Myths

The commentary on the debt ceiling standoff has featured a bunch of mistaken conceptions from across the political spectrum. Let's address them. Myth #1: The 14th Amendment Prohibits a Default A variety of commentators claim that the 14th Amendment

Bankruptcy Court Denies FDIC’s Attempt to Escrow Tax Refunds in SVB Financial Group Case

In re SVB Financial Group, No. 23-10367 (Bankr. S.D.N.Y. May 17, 2023) The U.S. Bankruptcy Court for the Southern District of New York issued an opinion on May 17, 2023, in the SVB Financial Group case, which arises from the failure of Silicon Valley

What Should You Do if Your SSDI Payment Doesn’t Arrive on Time?

Those who receive Social Security Disability Insurance (SSDI) benefits depend on their monthly payments to support themselves. If your check is late, there are certain steps you can take to ensure you receive it as soon as possible. If your SSDI

Filing Bankruptcy While Separated: How Does Chapter 7 Work If Married and Living Separately?

Chapter 7 bankruptcy allows you to get rid of most, if not all, of your unsecured debts without paying any more money to the discharged creditors. Most unsecured debts are eligible for discharge in Chapter 7, including medical bills, personal loans

Bankruptcy Court Dismisses Case for Lack of Credit Counseling Despite Incarceration

⁠In re Donaldson, U.S. Bankruptcy Court for the Southern District of Ohio (Case No. 23-10684)⁠ On May 11, 2023, the U.S. Bankruptcy Court for the Southern District of Ohio issued an order denying a request for waiver of the credit counseling