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

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4th Cir.: Purdy v. Burnett- Dismissal with Prejudice Affirmed

4th Cir.: Purdy v. Burnett- Dismissal with Prejudice Affirmed Ed Boltz Thu, 05/29/2025 - 16:58 Summary: The Purdys filed a Chapter 13 bankruptcy and were subject to the local form Order and Notice, which imposed, among other requirements and

In Bankruptcy Sales, Value Maximization Preempts Technicality Enforcement (In re Parkcliffe)

By: Donald L Swanson What happens when a bankruptcy sale is nearly complete . . . and someone presents a substantially-higher bid? Must the lower-price deal proceed to completion? Or can the higher bid be considered? The answer is this: maximizing

Bankr. E.D.N.C.: Williams Land Clearing, Grading, and Timber Logger v. Apex Funding Source, LLC et al- Merchant Cash Advances are Usurious Loans

Bankr. E.D.N.C.: Williams Land Clearing, Grading, and Timber Logger v. Apex Funding Source, LLC et al- Merchant Cash Advances are Usurious Loans Ed Boltz Wed, 05/28/2025 - 17:06 Summary: In this extensive Chapter 11 adversary proceeding, the

The Trick To Getting Paid For All Your Work In Chapter 13

Tired of eating fees at the end of a Chapter 13 when the debtor-client gets a discharge and you get a write off of the unpaid fees? The problem– attorneys fees incurred during the case but unpaid at case end are uncollectible when the debtor gets a

Should Miller be Set Aside?  Observations from a Recent U.S. Supreme Court Decision Regarding a Trustee’s Power to Set Aside Fraudulent Transfers

The U.S. Supreme Court recently decided United States v. Miller, which resolved a circuit split over whether a trustee could avoid federal tax payments under section 544(b) of the United States Bankruptcy Code. [1] In this case, a trustee utilized

Economics Review: Gladstone, Joe et al.- Financial shame spirals: How shame intensifies financial hardship

Economics Review: Gladstone, Joe et al.- Financial shame spirals: How shame intensifies financial hardship Ed Boltz Tue, 05/27/2025 - 19:11 Available at: https://www.sciencedirect.com/science/article/pii/S0749597821000662 Abstract: Financial hardship

Bankr. W.D.N.C.: Hayes v. US- Avoidance of Transfer to IRS pursuant to § 548

Bankr. W.D.N.C.: Hayes v. US- Avoidance of Transfer to IRS pursuant to § 548 Ed Boltz Tue, 05/27/2025 - 19:08 Summary: In this adversary proceeding, the Chapter 7 trustee, Cole Hayes, sought to avoid and recover a $1,052,682.67 tax payment made by

Law Review: Daniel III, Josiah M. and Daniel III, Josiah M., The Historiographical Problem of Municipal Bankruptcy Law (May 13, 2025).

Law Review: Daniel III, Josiah M. and Daniel III, Josiah M., The Historiographical Problem of Municipal Bankruptcy Law (May 13, 2025). Ed Boltz Tue, 05/27/2025 - 18:26 Available at: Available at SSRN: https://ssrn.com/abstract=5253527 or http://dx

Uniform Special Deposits Act: An Illustration Of The Problems It Can Solve (Hopkins Hospitality)

By: Donald L Swanson The Uniform Law Commission offers a Uniform Special Deposits Act. Such Act is designed to provide certainty on issues surrounding the ownership and use of money deposited in a bank account for a special purpose. Here’s an example

Weekly News – May 23

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

Chapter 7 Trustee Kevin McCarthy

Chapter 7 Trustee Kevin McCarthy Kevin McCarthy is one of the four Chapter 7 trustees in the Alexandria, Virginia, Bankruptcy court. When you file a bankruptcy case in Alexandria, the computer assigns you to one of the four trustees. Trustee Kevin

Chapter 7 Trustee Kevin McCarthy

Chapter 7 Trustee Kevin McCarthy Kevin McCarthy is one of the four Chapter 7 trustees in the Alexandria, Virginia, Bankruptcy court. When you file a bankruptcy case in Alexandria, the computer assigns you to one of the four trustees. Trustee Kevin

Law Review: Jonathan M. Seymour, Bankruptcy Appeal Barriers, 82 Wash. & Lee L. Rev. 87 (2025).

Law Review: Jonathan M. Seymour, Bankruptcy Appeal Barriers, 82 Wash. & Lee L. Rev. 87 (2025). Ed Boltz Fri, 05/23/2025 - 17:26 Available at: https://scholarlycommons.law.wlu.edu/wlulr/vol82/iss1/4 Abstract: Appeals in bankruptcy do not look like

Sanctions Reporting Requirements for Insolvency Practitioners – Now in Effect! (UK)

On 14 November 2024, the UK government announced several changes to its existing sanctions regulations via the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024. As of 14 May 2025, by expanding the definition of “relevant firms”

Law Review: Littwin, Angela, Adams, Adrienne and Kennedy, Angie- Bartenwerfer v. Buckley and Coerced Debt

Law Review: Littwin, Angela, Adams, Adrienne and Kennedy, Angie- Bartenwerfer v. Buckley and Coerced Debt Ed Boltz Thu, 05/22/2025 - 15:38 Available at: https://ablj.org/bartenwerfer-v-buckley-and-coerced-debt-vol-99-issue-1… Abstract: Bankruptcy

What Qualifies As “Consent” For A Third Party Release? (In re Spirit Airlines)

By: Donald L Swanson In Harrington v. Purdue Pharma L.P., 603 U.S. 204 (2024), the Supreme Court declares: the Bankruptcy Code does not authorize non-consensual third-party releases in Chapter 11 plans of reorganization; but “Nothing in what we have

Bankr. M.D.N.C.: In re Bryant- Pending Personal Injury Claim is Exempt

Bankr. M.D.N.C.: In re Bryant- Pending Personal Injury Claim is Exempt Ed Boltz Wed, 05/21/2025 - 15:51 Summary: Vermelle Jones Bryant filed a Chapter 7 case in October 2021 but failed to disclose a potential personal injury claim stemming from a

N.C. Ct. of App.: Fine Line Homes v. Luthera- Materialman's Lien Invalid due to Absent Date in Claim of Lien

N.C. Ct. of App.: Fine Line Homes v. Luthera- Materialman's Lien Invalid due to Absent Date in Claim of Lien Ed Boltz Tue, 05/20/2025 - 16:00 Summary: In this case out of Davidson County, Fine Line Homes, LP filed a mechanic’s lien in the amount of

The Winners In A Successful ABC: Debtor’s Secured Creditors

By: Donald L Swanson Here’s a hypothetical. Banker is trying to manage credit problems with debtor’s failing business. Debtor’s attorney offers banker a choice among these alternatives: Debtor could give the keys of the business to bank—to liquidate

4th Cir.: Navient v. Loman- TCPA and Sham Litigation

4th Cir.: Navient v. Loman- TCPA and Sham Litigation Ed Boltz Mon, 05/19/2025 - 16:24 Summary: In this high-profile litigation, Navient Solutions, LLC—a major student loan servicer—sued a group of lawyers, debt-relief companies, and associated