ABI Blog Exchange

Special Feature: Professor Ed Altman on Where We Are In The Credit Cycle

Edward I. Altman* There are certain times in our economic and financial environment when it makes sense to assess carefully and dispassionately where we are in the credit cycle and how this cycle relates to the business cycle. Now is one of those

Boy Scouts Plan Pays All Claims In Full—100%—And Is Affirmed On Appeal

By: Donald L Swanson Boy Scouts of American achieved a confirmed plan of reorganization in its bankruptcy. That confirmation is now affirmed on appeal by the U.S. District Court in Delaware[fn. 1]—and is heading to the Third Circuit Court of Appeals

The Lottery Curse: Are Lottery Winners More Likely To Declare Bankruptcy?

The Lottery Curse: Are Lottery Winners More Likely To Declare Bankruptcy? Unless you were born into an incredibly wealthy family, you’ve probably daydreamed about winning the lottery at least once or twice. A large windfall of cash could get you out

Small businesses are filing for bankruptcy at a higher rate than at the peak of the pandemic - and a looming credit crunch could make things worse

Yahoo Finance is reporting that Small businesses are filing for bankruptcy at a higher rate than at the peak of the pandemic - and a looming credit crunch could make things worse The article can be found at https://uk.finance.yahoo.com/news/small

Can You Chat Your Way to Relief from Stay?

Can You Chat Your Way to Relief from Stay?

Weekly News – April 7

Save the Date: June 27, 2023 J&J chapter 22! Virgin Orbit crashes Another liability management exercise Courts push back on aggressive liability management techniques Bausch decision Trial Court decision here Tell us what you think We always

How to Stop a Sheriff’s Sale in New Jersey

If you live in New Jersey, what do you do when a creditor is trying to proceed with a sheriff’s sale of your house? This question will be addressed under the context of bankruptcy law – that is, if you file a petition for relief in bankruptcy court

How Long After Bankruptcy Until You Can Buy a House in NJ?

Bankruptcy is a crucial tool that allows people to seek freedom from certain debts. While bankruptcy can reduce many peoples’ financial burdens, it can also create negative consequences for declarants. One of these negative consequences involves a

Pre-Petition Waiver Of Right To File Bankruptcy—Is It Enforceable? (In re Roberson)

By: Donald L Swanson Question: Can a creditor prevent its debtor from filing bankruptcy by pre-petition contract terms? Answer: No . . . according to In re Roberson Cartridge Co., LLC, Case No. 22-20192 in the Northern Texas Bankruptcy Court (03/07

What is the Difference Between Debt Relief and Bankruptcy in Pennsylvania?

Maintaining healthy finances is difficult and requires constant work. If your finances are not where they should be, you might be considering some type of debt relief program or filing for bankruptcy. Debt relief and bankruptcy might sound similar

LTL, Part Deux (now with even more fraudulent transfers!)

This post is a joint post by Hon. Judith K. Fitzgerald (ret.)[*] and Adam Levitin Here we go again. Precisely one hour and thirty-nine minutes after the dismissal of the bankruptcy filing of LTL, Johnson & Johnson’s artificially created talc

What is in your Derivatives?

Recent market shocks (from the 2022 mini budget which triggered a pension fund crisis to more recent developments with respect to Credit Suisse, Silicon Valley Bank and Signature Bank) will prompt market participants to review their hedging

Rising number of Americans choose bankruptcy to deal with unmanageable debt: report

A Fox 13 Report states that " A growing number of Americans, still reeling from the financial strain of the COVID-19 pandemic, are no longer benefiting from government relief efforts and are increasingly choosing bankruptcy to deal with unmanageable

Mediation Improves Litigants’ Impressions—Whether Settlement Is Achieved Or Not (A Study)

By: Donald L Swanson A study compares the self-reported experiences of individuals who use mediation in a lawsuit with those who go through a lawsuit without mediation. It uses surveys of litigants taken before and immediately after the lawsuit—and

CFPB Details "Abusive" in Policy Statement and Speech

In a few hours, I'll have the pleasure of hosting CFPB Director Rohit Chopra for a virtual talk at UCI Law (today at 12pm PDT, 3pm PDT). You can still join us by registering for the Zoom link here. Director...

Australia’s External Administrators Are Afforded Significant Latitude

External administrators in Australia are faced with immediate challenges from the date of their appointment. Those challenges often come in the form of uncertainty around contractual positions, conflicting interests between key stakeholders and the

(UK) What is Vote Swamping in a CVA and When Might it be Unfairly Prejudicial?

In a previous blog about the case of Mizen we considered the case from the point of view of “guarantee stripping”, looking at how the CVA dealt with those claims. However, the CVA was challenged on a number of bases, including whether it was unfairly

Inflation Adjustment on income–But not on Expenses

Bankruptcy income eligibility got easier April 1, 2023 Income eligibility to file Chapter 7 bankruptcy in Virginia got easier April 1, 2023. The median income–that’s the cutoff for automatic eligibility based on income–shot up six to ten thousand

Inflation Adjustment on income–But not on Expenses

Showing bankruptcy income eligibility got easier April 1, 2023 Showing income eligibility to file Chapter 7 bankruptcy in Virginia got easier April 1, 2023. The median income–that’s the cutoff for automatic eligibility based on income–shot up six to