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

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“Statutory Mootness”: Applying § 363(m)’s Appeal Impediments To Sales Under A Confirmed Plan (In re Boy Scouts)

By: Donald L Swanson How do the § 363(m) limitations on appeals of sale orders apply to sales under a confirmed plan? That’s an issue discussed at length, illuminated and resolved, under the term “statutory mootness,” in the Boy Scouts opinion from

When Does the Postal Service Deliver Your Chapter 13 payment?  

How Quickly Does the Postal Service Deliver Your Chapter 13 payment? When you are in Chapter 13, you need to make your monthly trustee payments on time–especially in the first four months of the case. So it doesn’t help that our Chapter 13 Trustee in

When Does the Postal Service Deliver Your Chapter 13 payment?  

How Quickly Does the Postal Service Deliver Your Chapter 13 payment? When you are in Chapter 13, you need to make your monthly trustee payments on time–especially in the first four months of the case. So it doesn’t help that our Chapter 13 Trustee in

Weekly News – June 20

NYS Champerty bill dies but Congress takes on litigation finance, New Fortress Energy toppling over, Wellness Pet LME explained, Gatto on credit, and much, much more… Creditor Corner Your weekly curated content from the Creditor Rights Coalition Over

How Many Times Can You File for Bankruptcy in Pennsylvania?

Filing for bankruptcy provides relief from financial distress and debt, but how often can you benefit from that relief? If you filed for bankruptcy in the past, call our lawyers to see whether or not you can file again now or if you may have to wait

Bankr. W.D.N.C.: In re Rice- Single Estate Rule Precludes Effort to Avoid 109(g) restriction

Bankr. W.D.N.C.: In re Rice- Single Estate Rule Precludes Effort to Avoid 109(g) restriction Ed Boltz Thu, 06/19/2025 - 14:28 Summary: In In re Rice, the Bankruptcy Court for the Western District of North Carolina dismissed a Chapter 13 case filed by

Nobody Likes Bankruptcy: That’s A Problem Among Generalist Appellate Jurists

By: Donald L Swanson “[T]he Supreme Court’s decisions evince a general skepticism about broad application of the Bankruptcy Code, which often has led to surprisingly narrow interpretations of relatively clear language,” which “challenges the common

What’s the Difference Between Emergency and Regular Bankruptcy Filings?

If your financial situation is nearing an emergency and you need to file for bankruptcy quickly, contact our lawyers before filing a “skeleton case” with minimal information. If you don’t give all the documents and paperwork associated with a regular

What’s the Difference Between Emergency and Regular Bankruptcy Filings?

If your financial situation is nearing an emergency and you need to file for bankruptcy quickly, contact our lawyers before filing a “skeleton case” with minimal information. If you don’t give all the documents and paperwork associated with a regular

4th Cir.: Emiabata v. Burnett- Improper Dismissal of Bankruptcy Appeal

4th Cir.: Emiabata v. Burnett- Improper Dismissal of Bankruptcy Appeal Ed Boltz Wed, 06/18/2025 - 15:43 Summary: In Emiabata v. Burnett, the Fourth Circuit vacated the district court’s dismissal of a Chapter 13 debtor’s appeal for failure to

Judge Coleman – Vehicle Cannot Be Exempted as Tool of Trade

In In re Cady, Ch. 7 No. 24-41026-ejc, 2025 WL 1587266 (Bankr. S.D. Ga. June 4, 2025) the issue was whether the Debtor, a real estate agent, could claim an exemption in her vehicle as a tool of the trade. In addition to claiming vehicle and wild card

4th Cir.: Kovachevich v. NMIC- Voluntary Cancellation of Private Mortgage Insurance

4th Cir.: Kovachevich v. NMIC- Voluntary Cancellation of Private Mortgage Insurance Stafford Patterson Tue, 06/17/2025 - 21:09 Available at: Summary: In Kovachevich v. NMIC, the Fourth Circuit tackled an important question under the federal

Revisions to SIP 14 – Responsibilities to Preferential Creditors (including Classification of Charges) (UK)

Since the cases of Avanti and UKCloud we have seen more arguments around the classification of a charge – is a typical floating charge asset actually subject to a fixed charge? Is a fixed charge really floating? Much depends on the control the charge

Our Mass Tort System Is Broken: As Illustrated By Delays And Costs (Boy Scouts)

By: Donald L Swanson I’ve been saying this for a long time: the mass tort system of justice in these United States is broken. Two piece of brokenness (there are lots of pieces) are: agonizingly long delays and excessive costs. We now have a new

LPA Receivers – who is really responsible for their actions? (UK)

In the recent appeal of Yerbury v Azets[1], the Court reiterated that an employer of an LPA receiver cannot be held vicariously liable for the actions of a receiver during a receivership and helpfully clarified the parameters of the receiver’s role

Weekly News – June 13

NYS Champerty Bill in focus, solarwinds too much for Sunnova, Marelli chapter 22, Echostar saga continues, California wildfires back in focus, and much, much more… Creditor Corner Father’s Day Edition Your weekly curated content from the Creditor

Prudential Considerations: Why Mediate the United States Trustee v. Jackson Walker Fee Dispute?

By Cliff White1 After nearly two years of sometimes acrimonious wrangling between the Justice’s Department bankruptcy “watchdog” and prominent Houston law firm Jackson Walker LLP (JW) over legal fees, the…

N.C. Ct. of App.: Palmetto RTC v. Fielden- Slander of Title and Lis Pendens

N.C. Ct. of App.: Palmetto RTC v. Fielden- Slander of Title and Lis Pendens Ed Boltz Fri, 06/13/2025 - 19:49 Summary: Palmetto RTC, LLC, a land entitlement firm, contracted to purchase a 61-acre tract in Union County from the Fielden family, with

Here We Go Again: U.S. Supreme Court Invites Solicitor General’s Views On A Bankruptcy Case In Which U.S. Is Not A Party (Hertz v. Wells Fargo)

By: Donald L Swanson “ Jun 02 2025 The Solicitor General is invited to file a brief in this case expressing the views of the United States.” That’s the latest entry by the U.S. Supreme Court on its electronic docket for Case No. 24-1062, The Hertz

US Open Preview with Peter Kaufman | Special Middle Market Musings Podcast – Golf Edition

Special Middle Market Musings Golf Edition - US Open preview with Peter Kaufman. Peter Kaufman is President/Head of Restructuring and Distressed M&A at Gordian Group, a New York City-based investment bank. He’s found an illustrious second career as a regular golf contributor with The Daily Drive, an online golf journalism collective. Andy and Charlie (who are both still in search of their first careers) enlist Peter in a tour of all things golf on the eve of this year’s U.S. Open. The conversation begins with an update on the current state of distressed M&A activity, but then turns to the main order of business. Peter, Charlie and Andy assess the PGA competitive landscape; the Open’s return to the legendary Oakmont Country Club; the state of play between the PGA and LIV tours; and the likely composition of the Ryder Cup teams this fall. The post US Open Preview with Peter Kaufman | Special Middle Market Musings Podcast – Golf Edition appeared first on Gordian Group, LLC.