Skip to main content
Help Center
banner

ABI Blog Exchange

article-exchange

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

Read Article

Navigating Claims in Chapter 13

Join the Chapter 13 Academy‘s free webinar Thursday August 15 at 2 pm EDT for the inside scoop on claims process and pitfalls from a pair of experienced Chapter 13 trustees. You can submit questions in advance when you register. Did I say it’s free

(UK) Are preferential creditors unsecured creditors?

It seems like s248 of the Insolvency Act 1986 ( “Act”) is flavour of the month with the judiciary at the moment, with two recent cases analysing this in the context of administration extensions (read our previous blogs here and here ) and now a

Is the Proposed Guidance for Random Assignment in Civil Cases a Harbinger for Bankruptcy? Experts Weigh In

The U.S. Judicial Conference Committee on Court Administration and Case Management proposed guidance on March 12 1 to promote random case assignment in civil cases (not criminal or bankruptcy cases) in district courts. The Judicial Conference later

Weekly News – August 9

Sign up Now upcoming Roundtable Discussion Wild Wild Week! Del Monte dashes expectations, NJ new complex case rules, Cineworld restructures (again), private credit rankings, and much, much more… ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏

I’m out until August 26

I’ll be gone for two weeks I’m leaving for the longest vacation since I became a Virginia lawyer in 1985. If you want to talk to a qualified bankruptcy lawyer right away, I can suggest these two. Michael Sandler, in Woodbridge. Or Ashley Morgan, in

I’m out until August 26

I’ll be gone for two weeks I’m leaving for the longest vacation since I became a Virginia lawyer in 1985. If you want to talk to a qualified bankruptcy lawyer right away, I can suggest these two. Michael Sandler, in Woodbridge. Or Ashley Morgan, in

New Law on Tax Lien Foreclosures Helps Homeowners Protect Equity

Purpose of the Law On July 10, 2024 Gov. Phil Murphy signed into law a major revision of the New Jersey tax sale foreclosure process. The purpose of this revision is to help homeowners preserve some of the equity that they would have lost in the tax

Renewed Focus On Constitution’s Uniformity Requirement For Bankruptcy Laws (Siegel & Hammons)

By: Donald L Swanson The bankruptcy clause of the U.S. Constitution focuses on a requirement of uniformity. Here’s the Constitution’s language: “The Congress shall have power . . . To establish . . . uniform Laws on the subject of Bankruptcies

Reflections on The UK Pensions Regulator’s (TPR) Powers that could see Insolvency Practitioners facing £1million fines

There is a tension between UK insolvency and pensions laws. Put simply, this is because insolvency laws look to protect all of the company’s creditors, but pension laws seek to protect the interests of the pension creditors alone. When new offences

Bankruptcy Code v. Federal Arbitration Act . . . & The Constitution’s Uniformity Requirement

By: Donald L Swanson Provisions of the Bankruptcy Code and the Federal Arbitration Act can collide. How those collisions are to be sorted out remains an open question. The U.S. Supreme Court recently issued an opinion on remedies for a violation of

Celsius Bankruptcy Claw Back Adversary Proceedings in SDNY Bankruptcy Court Settlement Update

Celsius Bankruptcy Claw Back Adversary Proceedings in SDNY Bankruptcy Court Settlement Update Jim Shenwick, Esq. is proud to announce that he just settled another Celsius Bankruptcy Claw Back Adversary Proceedings in the SDNY. The client had been

Weekly News – August 2

LME outcomes analyzed, AMC nets full participation, Pluralsight surprises, Glenn’s angry again, WDTX takes over from SDTX, and much, much more… ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏

Don’t Let Your Bank Pick Your Pocket

The right of your bank to take your money when you aren’t looking stops at your credit card. Your bank may be entitled by common law to setoff what it owes you from what you owe it on the garden variety debt. But the federal Fair Credit Bi l ling Act

Arbitration Rights Are Now Easily Waived?! (Supreme Court’s Thomas v. Pawn American)

By: Donald L Swanson Contracts can provide for the arbitration of disputes. And those arbitration rights are enforced by the Federal Arbitration Act. But contractual arbitration rights can be waived. And the question is this: Is it easy . . . or hard

July 2024 Ponzi Scheme Roundup

By Kathy Bazoian Phelps Below is a summary of Ponzi scheme activity reported for July 2024. There were at least 13 new Ponzi schemes revealed this month. Ponzi schemers received more than 22 years of prison sentences plus one life sentence. There

(UK) Should we all be a bit more relaxed about procedural hiccups in notices appointing administrators?

As practitioners we pour over notices of intention to appoint (NOIA) and notices of appointment of administrators (NOA) to make sure every detail is accurate. Why? Because no one wants to risk an invalid appointment because there was a minor mistake

Who Cares About Your Spending Before Bankruptcy?

Worried about using credit cards before bankruptcy? Afraid of prejudicing your bankruptcy case by spending money before you file? Do you imagine some authority figure deciding that your financial behavior in the run up to bankrupcy bars you from

4th Cir.: David v. King- Former Trustee Has No Authority to Act Following Conversion, Including to Seek Compensation for Professionals

4th Cir.: David v. King- Former Trustee Has No Authority to Act Following Conversion, Including to Seek Compensation for Professionals Ed Boltz Tue, 07/30/2024 - 17:19 Summary: Byron David filed for Chapter 7 bankruptcy in July 2018, with Donald King

E.D.N.C.: Walker v. LVNV-Iqbal/Twombley Do Not Apply to Affirmative Defenses

E.D.N.C.: Walker v. LVNV-Iqbal/Twombley Do Not Apply to Affirmative Defenses Ed Boltz Tue, 07/30/2024 - 17:03 Summary: Walker moved pursuant to Federal Rule of Civil Procedure 12(f) to strike the affirmative defenses raised by LVNV, arguing that the

Rise And Fall of Sears: An Illustration Of Risks That Every Successful Business Faces

By Donald L. Swanson Here’s an under-appreciated fact: businesses (every one of them) face every-day risks that can destroy them. The rise and fall of the retailer, Sears, provides an illustration of the reality of such risks and how those risks