ABI Blog Exchange

4th Cir.: Wesker v. Bank of America- Failure to State Claims following Denial of Mortgage Modification Application

4th Cir.: Wesker v. Bank of America- Failure to State Claims following Denial of Mortgage Modification Application Ed Boltz Fri, 12/20/2024 - 15:40 Summary: The Fourth Circuit Court of Appeals affirmed the district court’s dismissal of Mark and

Law Review: Mary J. (Newborn) Wiggins, The New Rawlsian Theory of Bankruptcy Ethics, 16 CARDOZO L. REV. 111 (1994)

Law Review: Mary J. (Newborn) Wiggins, The New Rawlsian Theory of Bankruptcy Ethics, 16 CARDOZO L. REV. 111 (1994) Ed Boltz Fri, 12/20/2024 - 15:34 Available at: https://larc.cardozo.yu.edu/clr/vol16/iss1/5 Abstract: Bankruptcy law was once

Still Crazy After All These Years

More than four decades after the Bankruptcy Code was enacted, we are still tripping over the lingering conundrums of Chapter 13. Four decades, and appeals courts haven’t brought clarity and predictability to what should be a simple, well understood

Voluntary Retirement Contributions Not Disposable Income in the 9th

Contributions to an employer-sponsored retirement plan going forward are excluded from disposable income in Chapter 13, says the 9th Circuit in Sadana, 19 years after BAPCPA became law. What took so long? Words in the statute matter Congress, in its

How to Wring Out Every Last Means Test Deduction

Every extra dollar deduction you can wring out on bankruptcy’s means test is important. A dollar doesn’t sound like a lot, but an extra dollar less in DMI saves a Chapter 13 debtor $60 over the life of a 60 month plan. Every $100 saves $6000. You get

Law Review: Laura B. Bartell, The Continuing Problem of Continuing Concealment – Ignoring the Language and Policy of § 727(a)(2)(A), 98 AM. BANKR. L J. 50 (2024).

Law Review: Laura B. Bartell, The Continuing Problem of Continuing Concealment – Ignoring the Language and Policy of § 727(a)(2)(A), 98 AM. BANKR. L J. 50 (2024). Ed Boltz Wed, 12/18/2024 - 16:33 Available at: https://digitalcommons.wayne.edu/cgi

Is A Confidentiality Agreement In A State Court Settlement Enforceable In A Subsequent Bankruptcy? (In re Celsius)

By Donald L. Swanson Is a confidentiality agreement in a state court settlement enforceable in a subsequent bankruptcy? That’s the issue in Meghji v. Casla Realty LLC (In re Celsius Network LLC), Adv.P. 24-04002 in SDNY Bankruptcy Court (decided

United States v. Miller Oral Argument: Supreme Court Justices Seem Divided on Issues of Allowing a Trustee to Sue the IRS for Fraudulent Transfers

E.D.N.C.: Williams v. Burnett- Denial of Interlocutory Appeal

E.D.N.C.: Williams v. Burnett- Denial of Interlocutory Appeal Ed Boltz Mon, 12/16/2024 - 19:18 Summary: In a case where confirmation appears to have denied because the Debtor sought to maintain direct payments of $1,227.16/month on an automobile, the

Who Needs This Kind Of Help With Debts

Eliminate your unsecured debt sooner than you ever thought possible. That’s the promise of one debt settlement company. It’s in their contract, not just their ads. It must be so. The pitch preys on people’s profound desire to do the right thing. Most

Reassessing Merit Management

Reassessing the Impact of Merit Management on the Section 546(e) Safe Harbor By Gordon Z. Novod, Principal, Grant & Eisenhofer P.A. and Frank H. Griffin, Senior Counsel, Grant & Eisenhofer P.A. In a recent decision, S.D.N.Y. Bankruptcy Judge Michael

Weekly News – December 13

BREAKING NEWS Hertz vote rigging, Double-Down Double-Dip with a 2nd Lien Super Holdco LME, Double-Down LME for Mitel? The Onion stopped in its tracks, Mike Harmon’s Financial Restructuring Tool Set, and much, much more… Creditor Corner Your weekly

Gordian Private Equity Refinancing Update

In our ongoing efforts to assist our sponsor clients, we want to be sure you are aware of our unique refinancing and capital raising service offering for your portfolio companies. Our expertise encompasses non-vanilla situations, both “story” and

When is the UK Court likely to agree to a long administration extension?

It is usual for administrators to ask for an administration to be extended by 12 months – but we have seen the courts agree to longer periods. For example, certain of the Lehman group company administrations were extended by periods of four and six

Bankruptcy Timing & The Holidays

Bankruptcy Timing & The Holidays With Thanksgiving 2024 already come and gone, the winter holidays are just around the corner. These are times of joy with family, food, and celebration, but making the holiday season special can be difficult if you’re

Mediating Commercial Cases With Direct Discussions Between Parties — An Effective Approach

By: Donald L. Swanson Allowing direct discussions between parties, when mediating a commercial case, can be an intimidating—and tricky—proposition. But it is effective when allowed . . . despite obvious concerns. Here are four concerns, about direct

(UK) The importance of a date: When is a winding up petition presented?

The date that a winding up petition is presented has consequences – consequences for the company subject to the petition, its directors, the petitioning creditor and it is also important in the context of a subsequent liquidation where the date is

Weekly News – December 6

Where’s the Beef? Ooops…. What’s the Onion? Delaware on top, Roll-ups topic du jour, Jones Day dopplegangers, 5-8-8-2-3 hundred… Empire, Purdue on verge of settlement while Spirit looks like a crash landing, and much, much more… Creditor Corner Your

Applying The Automatic Stay’s Police Power Exception (In re Ruiz)

By: Donald L Swanson (b) The filing of a [bankruptcy] petition . . . does not operate as a stay— . . . (4) . . . of the commencement or continuation of an action or proceeding by a governmental unit . . . to enforce such governmental unit’s or

In re Randolph- No Common Law Exemption for Firearms

In re Randolph- No Common Law Exemption for Firearms Ed Boltz Tue, 12/03/2024 - 16:33 Summary: The bankruptcy Court for the Eastern District of North Carolina sustained the Chapter 13 trustee’s objection to the debtors' attempt to exempt two firearms