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

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(UK) What is misfeasance trading? What does this mean for directors and their advisors?

For those that are that way inclined (which includes us at #SPBRestructuring!), the 500 plus page Wright v Chappell judgmenthich sets out the BHS wrongful trading claim against its former directors makes for an interesting read. It paints a colourful

Law Review (Economics): Baek, H. Young and Cho, David, Student Loan Relief and Home Purchase

Law Review (Economics): Baek, H. Young and Cho, David, Student Loan Relief and Home Purchase Ed Boltz Wed, 07/17/2024 - 19:10 Available at: https://ssrn.com/abstract=4846753 Abstract: Amid the COVID-19 pandemic, the U.S. Department of Education

After Dismissal of Bankruptcy Case, Here’s What’s Next for Giuliani

After Dismissal of Bankruptcy Case, Here’s What’s Next for Giuliani? Without the protection of Chapter 11, the former mayor and Trump lawyer could have his assets seized and sold by creditors. See the article in the New York Times. The article can be

Law Review (Economics): Zhou, Yijun and Wang, Qingchen, Artificial Intelligence and Debt Collection: Evidence from a Field Experiment (May 29, 2024).

Law Review (Economics): Zhou, Yijun and Wang, Qingchen, Artificial Intelligence and Debt Collection: Evidence from a Field Experiment (May 29, 2024). Ed Boltz Tue, 07/16/2024 - 16:02 Available at: https://ssrn.com/abstract=4847870 or http://dx.doi

What is a Zombie Mortgage and How Can You Fight Back if You Have One?

What is a Zombie Mortgage? Did you think your second mortgage, home equity loan or home equity line of credit was written off and then suddenly had it reappear from the dead after many years? If so, you may have what is called a zombie mortgage. This

Can I File for Bankruptcy in Pennsylvania if I’ve Filed Before?

If your finances have become too much to handle on your own, you can file for bankruptcy for relief. However, you likely worry that this option will not be available to you if you filed for bankruptcy before. Fortunately, Pennsylvania does not put a

Individual Debtor Discharge v. Corporate Debtor Discharge

By: Donald L Swanson Here are a couple discharge-related bankruptcy questions I’ve heard of late, along with an answer. Question 1. Why are individuals, but not corporations, eligible for a Chapter 7 discharge? §727(a)(1) says, “the court shall grant

E.D.N.C.: Atkinson v. National Credit Systems- Personal Jurisdiction for Consumer Rights Claim

E.D.N.C.: Atkinson v. National Credit Systems- Personal Jurisdiction for Consumer Rights Claim Ed Boltz Mon, 07/15/2024 - 23:37 Summary: Mr. Atkinson brought a pro se complaint against Penn Rose Management, which appears to be an apartment management

Law Review Note: Cody Turner, Non-Uniformity is the New Uniformity: Inconsistent Quarterly Fees and Why the Bankruptcy Administrator System Must Go, 40 Emory Bankr. Dev. J. 253 (2024).

Law Review Note: Cody Turner, Non-Uniformity is the New Uniformity: Inconsistent Quarterly Fees and Why the Bankruptcy Administrator System Must Go, 40 Emory Bankr. Dev. J. 253 (2024). Ed Boltz Mon, 07/15/2024 - 19:46 Available at: https:/

Book Review: Jacoby, Melissa- Unjust Debts: How Our Bankruptcy System Makes America More Unequal

Book Review: Jacoby, Melissa- Unjust Debts: How Our Bankruptcy System Makes America More Unequal Ed Boltz Mon, 07/15/2024 - 19:42 Available at Amazon: Unjust Debts: How Our Bankruptcy System Makes America More Unequal But purchasing from your local

4th Cir.: U.S. ex rel Oberg v. Nelnet- Improperly Sealed Pleadings violate the First Amendment

4th Cir.: U.S. ex rel Oberg v. Nelnet- Improperly Sealed Pleadings violate the First Amendment Ed Boltz Mon, 07/15/2024 - 18:30 Summary: Jon Oberg filed a False Claims Act lawsuit in 2007 against various student-loan companies, alleging they

Bankr. E.D.N.C.: In re Wireless Solutions & E.D.N.C.: Gross v. Smartsky Networks- The Automatic Stay Continues to Protect Abandoned Property

Bankr. E.D.N.C.: In re Wireless Solutions & E.D.N.C.: Gross v. Smartsky Networks- The Automatic Stay Continues to Protect Abandoned Property Ed Boltz Mon, 07/15/2024 - 18:23 Summary: These decisions have proceeded in parallel matters, first the

Law Review NOte: John Ellison, Disillusionment of Discharge: The FRESH START Through Bankruptcy Act, 40 Emory Bankr. Dev. J. 291 (2024).

Law Review NOte: John Ellison, Disillusionment of Discharge: The FRESH START Through Bankruptcy Act, 40 Emory Bankr. Dev. J. 291 (2024). Ed Boltz Mon, 07/15/2024 - 18:20 Available at: https://scholarlycommons.law.emory.edu/ebdj/vol40/iss2/4/ Abstract

M.D.N.C.: Keller v. Experian- Reinvestigation by CRA under FCRA

M.D.N.C.: Keller v. Experian- Reinvestigation by CRA under FCRA Ed Boltz Mon, 07/15/2024 - 18:14 Summary: Eric Keller initiated a lawsuit against Experian Information Solutions, Inc. ("Experian"), alleging willful and negligent violations of the Fair

Bankr. E.D.N.C: Dupree Farms v. Producers Ag- Jurisdiction for Post-Confirmation Disputes

Bankr. E.D.N.C: Dupree Farms v. Producers Ag- Jurisdiction for Post-Confirmation Disputes Ed Boltz Mon, 07/15/2024 - 18:08 Summary: Dupree Farms, LLC filed for Chapter 11 bankruptcy on January 16, 2018 and subsequently obtained a Whole-Farm Revenue

W.D.N.C.: Biddle v. Grain Technology- Delinquent Credit Reporting due to Failure to Accept Payments by Creditor is an Impermissible Legal Dispute under FCRA

W.D.N.C.: Biddle v. Grain Technology- Delinquent Credit Reporting due to Failure to Accept Payments by Creditor is an Impermissible Legal Dispute under FCRA Ed Boltz Mon, 07/15/2024 - 17:41 Summary: After Grain Technologies locked all of its

M.D.N.C.: Scott v. Full House Marketing- FCRA and Employment Decisions

M.D.N.C.: Scott v. Full House Marketing- FCRA and Employment Decisions Ed Boltz Mon, 07/15/2024 - 17:37 Summary: Derrick Perez Scott was denied employment by Full House Marketing after it obtained a credit report which inaccurately included the

4th. Cir.: Feyijinmi v. Maryland- Nondischargeability of Restitution without Conviction

4th. Cir.: Feyijinmi v. Maryland- Nondischargeability of Restitution without Conviction Ed Boltz Mon, 07/15/2024 - 17:29 Summary: Dedre Feyijinmi was found guilty of welfare fraud and ordered to pay $14,487 in restitution. The state court deferred

How Does Bankruptcy Affect Co-Signers on My Debts in Pennsylvania?

When people are in far more debt than they can handle, they may file for bankruptcy and hopefully get a fresh financial start. If that person had other people co-sign for things like loans, those co-signers might be in some financial trouble of their

Weekly News – July 12

Incora ruling, new data initiative highlights, Purdue tries to regroup, No Soup For You, Enviva lawyers conflicted out, co-op agreements in spotlight, and much, much more… ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏