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

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Disney Strikes Back on ISS Say-on-Pay Recommendation

While ISS voting recommendation reports for companies are not “public”, sometimes additional soliciting materials filed by a company are informative. On March 2nd, Disney filed its first communication indicating that the ISS recommendation to vote

The Evolution of the “Ordinary Business” Exclusion

We were quoted in a recent Compliance Week story (subscription required) on the evolution of the ordinary business exclusion in getting the SEC staff to agree on companies’ no-action requests for Rule 14a-8 shareholder proposal. The exclusion becomes

Now a Word on the “Substantial Implementation” Exclusion

We did so well with our sound bites in our last interview that we were again quoted by Compliance Week (subscription required) on another Rule 14a-8 story, this time on substantial implementation. It’s easy to show the SEC that you’ve substantially

Shareholder Engagement – A Study

You can’t talk about governance these days without someone bringing up “shareholder engagement,” so it’s not surprising that there is now a study on the subject. This ISS and IRRC study claims to be first ever benchmarking about engagement, polling

When Director Biographies are Required

The SEC staff issued a surprising CDI recently. Seems that the biographies of directors who are not standing for re-election are required to be disclosed under both Item 401(a) and Item 401(e) of Regulation S-K, if not technically in the proxy

SEC Proposal Clarifies No Change to “Beneficial Ownership” Rules for Swaps

The SEC just issued a proposal to clarify that there will be no changes to the “beneficial ownership” rules for security-based swaps. The concern was that language in the Dodd-Frank Act implied that if the SEC failed to enact new beneficial ownership

SEC Proposal Clarifies No Change to “Beneficial Ownership” Rules for Swaps

The SEC just issued a proposal to clarify that there will be no changes to the “beneficial ownership” rules for security-based swaps. The concern was that language in the Dodd-Frank Act implied that if the SEC failed to enact new beneficial ownership

What Should I Do If a Bill Collector Uses Abusive Tactics?

Here’s what you should do if a bill collector crosses the line in Colorado. In order to deal with debt collectors, it pays to learn what they can and cannot do. Although most bill collectors are careful to follow the law when contacting you, some are

SEC Proposal Clarifies No Change to “Beneficial Ownership” Rules for Swaps

The SEC just issued a proposal to clarify that there will be no changes to the “beneficial ownership” rules for security-based swaps. The concern was that language in the Dodd-Frank Act implied that if the SEC failed to enact new beneficial ownership

SEC Proposal Clarifies No Change to “Beneficial Ownership” Rules for Swaps

The SEC just issued a proposal to clarify that there will be no changes to the “beneficial ownership” rules for security-based swaps. The concern was that language in the Dodd-Frank Act implied that if the SEC failed to enact new beneficial ownership

Mortgage Forgiveness Debt Relief Act – What It Means For You

Thanks to Steve Beck, Esq. for his excellent commentary on our recent blog post: Short Sales and Deeds in Lieu of Foreclosure (on March 12th). In response to the article, Mr. Beck wrote: “[T]he Mortgage Forgiveness Debt Relief Act of 2007 was

Did You Know? | Creditors have affirmative duty to release garnishments following bankruptcy filing.

In the "Did You Know?" section of the Michigan Bankruptcy Blog, we feature opinions that are not newly issued but that may be helpful for Michigan bankruptcy practitioners. When a person files bankruptcy, most collection actions are automatically

Lies in Bankruptcy Court Bring Harsh Consequences

If you are contemplating filing for bankruptcy protection, the most important thing you must remember is to be completely honest in all you dealings with the bankruptcy court. As with any legal proceeding, lies and falsehoods will bring about harsh

Will Bankruptcy Affect My Credit?

Thanks to those who participated in this week’s Legal Q&A Forum! Our winner is Linda T. from Denver, who asks: “Will Bankruptcy Affect My Credit?” If you’d like your question to be featured in our Weekly Legal Q&A Forum, email us at: Info

Navigating the Difficult Waters of Offers of Judgment in Bankruptcy

Offers of Judgment can be a handy device for shifting the risk of paying court costs in litigation. However, as a pair of recent opinions from Judge Leif Clark demonstrate, they can be tricky to pull off successfully . Eastman v. Baker Recovery

What Is a Deficiency Judgment?

Because of falling home prices, borrowers who always paid their mortgage but who have run into unforeseen circumstances – like unemployment or a job transfer – can no longer sell their homes for enough money to cover the outstanding balance owed

What Is a Deed?

A “deed” is a legal document that officially transfers the ownership of a particular piece of real estate. In addition to listing the new buyers’ names, a deed also contains the past property owners’ names. To be legally-binding, a deed must contain

Knock On Wood? Not Likely To Help Save The Furniture Industry From Itself

The first ten years of the 21st century have not been friendly to the furniture industry. According to an ABTV Industry Report, about 20,000 furniture stores comprise the U.S. furniture retailing industry, with combined annual revenue of

Income Tax Liability in Short Sales & Deeds in Lieu of Foreclosure

If your lender agrees to a short sale or to accept a deed in lieu of foreclosure, you may have to pay income tax on any resulting “ deficiency,” which equals the amount you still owe on your mortgage after your lender sells your house at a

Bankruptcy Lawyers Will Scam You Too

If you are facing financial problems, you are a prime candidate to be the target of a money scam. You are in a vulnerable position when you have money problems. Sometimes, many people will jump at any offer of financial help or a financial solutions