ABI Blog Exchange

N.C . Ct. of App.: Hurd v. Priority Automotive- Fraudulent Concealment

N.C . Ct. of App.: Hurd v. Priority Automotive- Fraudulent Concealment Ed Boltz Wed, 05/29/2024 - 00:30 Summary: Brad W. Hurd purchased a 2018 Honda Accord from Priority Automotive of Huntersville, Inc., believing it had no accident history based on

Bankr. E.D.N.C.: In re Greene- Denial of Amendment of Order Deeming Mortgage Current

Bankr. E.D.N.C.: In re Greene- Denial of Amendment of Order Deeming Mortgage Current Ed Boltz Wed, 05/29/2024 - 00:25 Summary: In the case of William and Rebecca Greene, the bankruptcy court denied BSI Financial Services' motion to amend an order

SCONC: Midfirst Bank v. Brown- Equitable Subrogation

SCONC: Midfirst Bank v. Brown- Equitable Subrogation Ed Boltz Wed, 05/29/2024 - 00:23 Summary: After purchasing her home In 2000, Betty J. Brown obtained a mortgage in 2004 from First Horizon Home Loan Corporation. In 2010, a judgment in favor of

SCONC: Canteen v. Charlotte Metro Credit Union: Unilateral Addition of Arbitration Provision and Waiver of Class Action

SCONC: Canteen v. Charlotte Metro Credit Union: Unilateral Addition of Arbitration Provision and Waiver of Class Action Ed Boltz Wed, 05/29/2024 - 00:15 Summary: Pamela Phillips opened a checking account with the Charlotte Metro Credit Union in 2013

A False Rationale For Anti-Debtor Interpretations of Subchapter V (Avion & Cleary)

By: Donald L Swanson “ Subchapter V relieves small business debtors from the absolute priority rule.”[Fn. 1] This was the excuse for a contorted grammatical interpretation, against the debtor, of a Subchapter V statute by the Fifth Circuit Court of

Courts Remain Divided on Whether Avoidance Actions are Estate Property That May be Sold

Weekly News – May 24

Special Feature: Ed Altman on Where We Are in the Credit Cycle and Breaking News: What brought down Red Lobster? RAD fees under pressure, Bad policy afoot in Albany, CITGO on chopping block (finally), Fresh Direct & Bayer under Pressure, S&C still in

Bouncing Back From Bankruptcy

How long does it take to recover from bankruptcy? I started to answer the client’s question before I realized that the question was all backward. Recover FROM bankruptcy? No…. It should be: recover THROUGH bankruptcy! Bankruptcy is the tool for

Do it yourself bankruptcy did him in

For a layman filing a bankruptcy without a lawyer, he didn’t do too badly. He got credit counseling and filed the certificate. He completed the schedules fairly well. He even filed a pro se adversary proceeding to enforce the automatic stay when the

4th Circuit: White v. Title Max- Federal Arbitration Act alone does not provide federal jurisdiction

4th Circuit: White v. Title Max- Federal Arbitration Act alone does not provide federal jurisdiction Ed Boltz Fri, 05/24/2024 - 20:38 Summary: Once through the captions and parties (which constitute the first 37 out of 39 pages of this decision)

Law Review: David Y. Kamins, Punishing Debtors in Bankruptcy During COVID-19, 18 Brook. J. Corp. Fin. & Com. L. 247 (2023)

Law Review: David Y. Kamins, Punishing Debtors in Bankruptcy During COVID-19, 18 Brook. J. Corp. Fin. & Com. L. 247 (2023) Ed Boltz Thu, 05/23/2024 - 16:33 Abstract: The 2019 Coronavirus Pandemic (COVID-19) led to widespread government-mandated

5 Lies About Bankruptcy That Enrich Creditors

If the truth will make you free from your debts, your creditors are motivated to lie about bankruptcy. After all, if you think there is no alternative to making payments to them forever, you’ll keep filling their pockets each month. So, there’s no

Sub V Task Force Report In A Nutshell: Part 4—Plan Confirmation & The Silent Class

By: Donald L Swanson On April 23, 2024, the American Bankruptcy Institute’s Subchapter V Task Force issued its Final Report. This article is the fourth in a series summarizing and condensing the Task Force’s Final Report into “a nutshell.” The

4th Circuit: In re Bestwall- Contempt and Sanctions related to Discovery is not a Final Appealable Order

4th Circuit: In re Bestwall- Contempt and Sanctions related to Discovery is not a Final Appealable Order Ed Boltz Wed, 05/22/2024 - 20:06 Summary: Bestwall, LLC filed for Chapter 11 bankruptcy in November 2017 to address asbestos-related claims and

Assume and Wait – Delaware Bankruptcy Court Approves Debtors’ Novel Lease Assumption Strategy (US)

When a liquidating debtor seeks to assume a lease, one of the lessor’s immediate questions is who will be the assignee. But what happens when a liquidating debtor seeks to assume a lease and waits up to two years thereafter to determine who the

Lakelaw Celebrates 25-Year Anniversary!

This month marks the 25th anniversary of Lakelaw! From a tiny office in Steve Simonian’s suite in Waukegan, Illinois, Lakelaw grew to five offices along the shore of Lake Michigan from Chicago to Milwaukee, Wisconsin. Our team of bankruptcy lawyers

“Projected Disposable Income” Means What It Says (In re Packet Construction)

By: Donald L Swanson The opinion is In re Packet Construction, LLC, Case No. 23-10860 in the Western Texas Bankruptcy Court (issued April 30, 2024, Doc. 103). Subchapter V Issue & Ruling Here’s the issue raised by the Subchapter V Trustee’s plan

Weekly News – May 17

Red Lobster on the chopping block, Judge Isgur stepping down, ConvergeOne exclusive opportunism, Diamond Sports behind in the count, cracks in private credit, and much, much more… ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏

Sub V Task Force Report In A Nutshell: Part 3—Compensating Debtor’s Attorney After Debtor Removed From Possession

By: Donald L Swanson On April 23, 2024, the American Bankruptcy Institute’s Subchapter V Task Force issued its Final Report. This article is the third in a series summarizing and condensing the Task Force’s Final Report into “a nutshell.” The subject

US Trustee Investigating Possible Scheme to Take Debtors’ Equity in Real Property in Multiple Cases; Lawyer Sanctioned

In a very detailed 91-page Order entered in the Northern District of Georgia- and adopted by all Judges in the District – Judge Sacca addressed serious concerns of the United States Trustee over the handling of a Chapter 13 case by the Debtor’s