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

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Mediator Insights: Leave Your Expectations at the Door

In the world of dispute resolution and mediation, everyone has expectations. Sometimes those expectations are basic or practical. For example, parties expect to know when and where to be for the mediation. Parties expect the mediator to address the

Mediator Insights: The Power of Presence

Never underestimate the power of being present. This is true in all interactions and particularly true in mediation. In mediation, often the power of presence can unblock the pathway to resolution. To illustrate, let’s consider Cori Doerrfeld’s The

Mayer Mediation Minute: Think

In mediation, it is important to pause and take the time to think. Think before you speak. Think before you react. Think before you respond. Think before you reject. Think before you decide. Use that time to think about your needs, instead of your

Mayer Mediation Minute: Breathe

Emotions can run high in mediation. When that happens, the best solution is to breathe. Just breathe. Breathe in. Breathe out. Taking that moment to calm yourself can help you move forward in the mediation. So, when you feel the emotions building

Mayer Mediation Minute: Candor

Candor is being open, honest, and frank. Candor is an important ingredient in mediation. Be candid when you have a pre-mediation call with the mediator. Be candid when weighing the strengths and weaknesses of your case. Be candid when you are

How An Honest Debtor’s Discharge Is Denied—A Reversion to Punishment? (Bartenwerfer v. Buckley)

By: Donald L Swanson The U.S. Supreme Court does not like bankruptcy benefits for individual debtors. It really doesn’t. An example from a couple years ago is Fulton v. City of Chicago, where the U.S. Supreme Court finds a way to declare: an impound

Chapter 11 Bankruptcy Filings Increase 83%

Chapter 11 Bankruptcy Filings Increase 83% Y/Y in February 2023 based on article in Monitor Daily. See https://www.monitordaily.com/news-posts/chapter-11-bankruptcy-filings-i… Jim Shenwick, Esq. 917 363 3391 jshenwick@gmail

Ten Years Out of School and Still Struggling with Student Loans?

Are You Ten Years Out of School and Still Struggling with Student Loans? Recent student loan policy changes by the Biden Administration can help people still struggling with student loans. These are new rules making it possible to discharge your

Ten Years Out of School and Still Struggling with Student Loans?

Are You Ten Years Out of School and Still Struggling with Student Loans? Recent student loan policy changes by the Biden Administration can help people still struggling with student loans. These are new rules making it possible to discharge your

U.S. SUPREME COURT: BANKRUPT DEBTORS CANNOT DISCHARGE DEBTS FOR FRAUD, EVEN IF THEY DID NOT PERSONALLY COMMIT THE FRAUD

By Jeffrey C Toole March 7, 2023 On February 22, 2023, the U.S. Supreme Court held that an individual who is found liable for fraud cannot discharge that debt in … The post U.S. SUPREME COURT: BANKRUPT DEBTORS CANNOT DISCHARGE DEBTS FOR FRAUD, EVEN

Denying Corporate Debtors A Discharge Under § 523(a)’s “Individual Debtor” Exceptions? (Avion Funding v. GFS)

By: Donald L Swanson Can a corporate debtor be denied a Subchapter V discharge under § 523(a), despite this § 523(a) language (emphasis added): “A discharge under section . . . 1192 [Subchapter V] . . . does not discharge an individual debtor from .

Less Difficult To Discharge Student Loans In Bankruptcy-And More!!!

I don’t want those of you with insurmountable student loan debt to miss this so I will be repeating it: Effective November 17, 2022, the Justice Department is backing off its longtime aggressiveness in fighting all lawsuits in bankruptcy court to

File Tax Returns – Even if Not Required to do so

PEOPLE MAY WANT TO FILE A TAX RETURN – EVEN IF THEY ARE NOT REQUIRED TO DO SO Posting from the IRS IRS Tax Tip 2023-27, March 2, 2023 Some people choose not to file a tax return because they aren’t legally required to file, but they could be missing

When Caught Violating The Stay, Forgiveness For Creditors Is Not Automatic

A recent order from the United States Bankruptcy Court for the Southern District of New York puts to test the theory that “it is better to ask for forgiveness than permission.” After a lengthy dispute in the bankruptcy cases of Arcapita Bank B.S.C.(c

Do You Need to Complete Debt Relief Before Filing for Bankruptcy in NJ?

Filing for bankruptcy can be a daunting prospect, and some debtors might think a debt relief program is preferable. But is it necessary in New Jersey? Do you need to complete a debt relief program before you can file for bankruptcy? You don’t need to

Weekly News – March 3

Upcoming Feature Endo global settlement sets pathway for exit Endo GUCs rise on settlement news FTX presentation to creditors Even judges get caught up in crypto-fever SEC: No soup for you! J. Wiles smack-down Silvergate bank: next domino to fall

Is Social Security Disability Taxable in Pennsylvania?

Social Security Disability Insurance (SSDI) benefits are available to people with qualifying disabilities, illnesses, and injuries in Pennsylvania. If you receive SSDI benefits in Pennsylvania, they may be taxable, depending on how much you earn in

LTL Management and the Third Circuit: Financial Distress Required for Good Faith Filings

By Candice L. Kline, Esq. Partner SAUL EWING LLP Chicago, Illinois This post is an excerpt from the forthcoming fifth installment in the Mass Tort/ Third-Party Releases Series in the upcoming CLW magazine . The recent Third Circuit opinion in In re

I Just Renewed My Membership in Consumer Advocates

Why I’m a Member of the National Association of Consumer Advocates I’m a bankruptcy lawyer. When I first started I said “All I do is Bankruptcy.” What I found out is that people in financial trouble are magnates for illegal stuff being done to them

I Just Renewed My Membership in Consumer Advocates

Why I’m a Member of the National Association of Consumer Advocates I’m a bankruptcy lawyer. When I first started I said “All I do is Bankruptcy.” What I found out is that people in financial trouble are magnates for illegal stuff being done to them