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

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Guide to Creditor Harassment Laws in New Jersey

If you have outstanding debt, you may be receiving countless phone calls from unknown parties claiming that you owe them. They may even threaten to sue you or initiate some other type of action against you. This behavior can be considered creditor

SVB Financial Group's Manhattan Venue

As I have previously blogged, SVB Financial Group seems to be trying to do venue by declaration. Consider the grounds for venue under 28 USC 1408 and how they apply to SVBFG: Location of principal place of business for majority...

U.S. Court of Appeals Issues Important Ruling on Time Limits to Sue Under Fair Debt Collection Practices Act

On March 1, 2023, the U.S. Sixth Circuit Court of Appeals issued a decision with important implications for parties involved in debt collections regulated under the Fair Debt Collection Practices Act (FDCPA) [1]. The decision, in Bouye v. Bruce [2]

The Death of Dodd-Frank: Banking Law's Dobbs Moment

Last year, I savored a bit of schadenfreude watching my con law scholar colleagues despair about their field after cases like Dobbs v. Women's Health Organization or West Virginia v. EPA. Con law scholars see themselves as the royalty of...

Reorganizing Family Businesses in Bankruptcy, and the Problem of Creative Destruction—A Chapter 12 Illustration

By: Donald L. Swanson “Creative destruction” occurs when something new kills off whatever existed before it. IPhone Example Just think, for example, of all the creative destruction that the iPhone has wrought! It has destroyed businesses that

How to Fill Out the Lawsuit Answer Form

If you were sued on a debt you have 30 days from the date you are served the paperwork to file a written response with the Clerk of the Court. Let’s review: You have 30 days to respond. The response must be written The response must be filed with the

Special Feature: Lorraine McGowen Speaks Up on What’s Next for Silicon Valley Bank

Silicon Valley Bank’s Collapse—What’s Next for SVB and Signature Bank? Are We Prepared for the Next Bank Failure? By Lorraine McGowen The “run on” Silicon Valley Bank (“SVB”) that commenced on Thursday, March 9 th and continued through Friday, March

SDNY: EFTA Applies to Crypto

I'm teaching cryptocurrency today in my Payment Systems class, and I'd been puzzling about why no one has applied the Electronic Fund Transfers Act and Reg E thereunder to crypto: after all, if you have a crypto account with an...

What is the Quickest Form of Bankruptcy?

Bankruptcy is a legal proceeding that is initiated when a person or business is unable to pay their debts. After declaring bankruptcy, your debts will either be erased, or a repayment plan will be established. Chapter 7 bankruptcy, known as

Federal Government Bailout Packages for Small Businesses: What You Need to Know - TDPel Media

TDPelmedia has an article about bailout packages for small business. The article can be found at https://tdpelmedia.com/federal-government-bailout-packages-for-small-bu… At Shenwick & Associates we help many clients with

The Regressive Cross-Subsidy of Uncapping Deposit Insurance

There's talk about removing the FDIC deposit insurance caps in response to the "Panic of 2023"®. There's a refreshing realism about such a move. But let's also be clear about the distributional impact of such a move: it's a huge...

The Financial Regulatory Credibility Problem

Financial regulation has a credibility problem. Actually, it's got two credibility problems. It's not credible any more to think that financial regulators will shut down troubled institutions until they are forced to do so. And it's no longer

Make them Produce Documents

The second great power of Discovery is the Motion to Produce Documents. When a bill collector sues for nonpayment of a debt, they also open themselves up to answer questions–finally!!–and to provide documents. What type of documents? Well, any

Eligibility For Chapter 9—Over Objections Of Mayor & City Council? (City Of Chester, PA)

By: Donald L Swanson City of Chester is the oldest city in Pennsylvania, incorporated as a borough in 1701 and as a city in 1866, and is located on the Delaware River between Philadelphia and Wilmington. Unfortunately, the City is also in Chapter 9

Diane – you were nice and caring.

“You were very nice and caring. ” R.G. I cannot thank you enough Diane for taking the time to speak with me. Your website has so much information and very helpful. You were very nice and caring. Appreciate you! R.G. The post Diane – you were nice and

Can You Borrow from Your 401(k) to Avoid Filing for Bankruptcy?

The money held in your 401(k) is yours to withdraw, provided you are fine with incurring a tax on withdrawn funds if you have not yet reached retirement age. That doesn’t mean that debtors should borrow funds from a 401(k) to pay off debts in an

Weekly News – March 17

Bankruptcy bingo How did we get here? Contagion fears… Ackman sounds the alarm (again…) Sending out an SOS Fed STRESS SVB Holdco files for BK Back to the basics… CSFB UBS to the rescue! And in other news… Diamond Sports files for BK Serta news

Jim Shenwick, Esq Commercial Leasing Biography in Manhattan New York City

● Jim Shenwick, Esq has a specialty in commercial leasing (he has represented over 300 tenants and landlords in commercial lease negotiations). ●Representative Manhattan transactions include the following: (a) represented over 250 commercial tenants

Commercial Leasing Checklist in New York City Manhattan Part II

1. Tenant should be permitted signage (at no cost ) in building lobby directory, elevator, floor and door (window signage flag should be permitted for retail) 2. Tenant should have the right to make deliveries to the premises at any time of the day

Commercial Leasing Checklist in New York City Manhattan Part I

At Shenwick & Associates, we have represented more than 300 tenants in commercial leasing transactions, including office tenants, restaurants & retain stores. Provided below is Part I of our Leasing Checklist. Any clients having questions about