ABI Blog Exchange

M.D.N.C.: Atkinson v. Coats- Law Enforcement Officer involvement in Illegal Self-Help Repossession

M.D.N.C.: Atkinson v. Coats- Law Enforcement Officer involvement in Illegal Self-Help Repossession Ed Boltz Wed, 03/20/2024 - 01:39 Summary: When Carolina Repo attempted a self-help repossession of her car, Atkinson attempted to drive her vehicle

M.D.N.C.: Atkinson v. Coats- Law Enforcement Officer involvement in Illegal Self-Help Repossession

M.D.N.C.: Atkinson v. Coats- Law Enforcement Officer involvement in Illegal Self-Help Repossession Ed Boltz Wed, 03/20/2024 - 01:39 Summary: When Carolina Repo attempted a self-help repossession of her car, Atkinson attempted to drive her vehicle

Bankruptcy Abuse Rarely Works . . . Because Of Gatekeepers—DEBTOR’S ATTORNEY (Part 1)

By: Donald L Swanson Over the years, I’ve heard lots of people say, “Bankruptcy abuse is a huge problem,” as a self-evident and undeniable proposition. But here’s the thing. Debtors who try to abuse the bankruptcy system rarely get away with it. That

Embarrassing but Important Correction

As you know from prior posts, if I do anything well, then it’s public self-deprecation. And, thus, I’m embarrassed to admit that I wrongly attributed the In re Carter (Bankr. N.D. Ga. Dec. 13, 2023) Sub V opinion to Judge Sage Sigler (Bankr. N.D. Ga

Attorney Bruce Levitt Vacated Another Tax Lien Foreclosure and Helped a Senior Get Their House Back

Bruce Levitt, of Levitt & Slafkes is pleased to announce a victory in the case of Techbiz Solutions, Inc.,vs. Beverly Patton, in which he successfully vacated a tax lien foreclosure judgment which allowed our client to get back her home. In New

Bondholders Fail to Thwart Global Settlement Approval as Bankruptcy Estate’s Largest Creditor

Weekly News – March 15

Is inflation back? Enviva burning up, PO Box denouement, Spirit Airlines triple dip, judge shopping under fire, Trimark summarized, retail pain and much, much more! ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏

Master the Means Test, Its Quirks & Quagmires

Feel overwhelmed by the means test? Got new associates who need to become facile with it? Or just need a refresher on the means test, its idiocycrasies and opportunities? Join Jill Michaux and me for a FREE webinar on the means test, Thursday, March

Bankr. W.D.N.C.: In re Best Wall- Bankruptcy Subject Matter Jurisdiction does not require Financial Distress

Bankr. W.D.N.C.: In re Best Wall- Bankruptcy Subject Matter Jurisdiction does not require Financial Distress Ed Boltz Fri, 03/15/2024 - 19:18 Summary: The bankruptcy court found that the lack of financial distress does not deprive it of subject

N.C. Ct. of App.: Causey v. Southland- Shareholders Cannot Intervene to Insurance Company Liquidation

N.C. Ct. of App.: Causey v. Southland- Shareholders Cannot Intervene to Insurance Company Liquidation Ed Boltz Fri, 03/15/2024 - 19:14 Summary: The North Carolina Court of Appeals ruled in the case between Mike Causey, Commissioner of Insurance, and

Law Review: Rafael I. Pardo, Rethinking Antebellum Bankruptcy, 95 U. Colo. L. Rev. __ (2024 forthcoming)

Law Review: Rafael I. Pardo, Rethinking Antebellum Bankruptcy, 95 U. Colo. L. Rev. __ (2024 forthcoming) Ed Boltz Fri, 03/15/2024 - 19:06 Abstract: Bankruptcy law has been repeatedly reinvented over time in response to changing circumstances. The

March 15, 2024 Bankruptcy Quiz

I’m attending the annual Southeastern Bankruptcy Law Institute (SBLI) seminar in Atlanta this week. So many folks (read: maybe two people) asked me why I stopped doing the weekly bankruptcy quizzes. Worse, Prof. Ishaq Kundawala (the Southeastern

Bankruptcy and Divorce (Vol. 73) – Agreements to Transfer Property

An entire blog could be devoted to the intersection of Bankruptcy and divorce, but for this post we will look at what happens when a divorce decree (or final settlement agreement) requires that one of the spouses transfer his or her interest in real

Law Review: Tavera, Daniel M. - The Unscheduled Creditor in a Chapter 7 Case with Assets, 35 Loy. Consumer L. Rev. 145

Law Review: Tavera, Daniel M. - The Unscheduled Creditor in a Chapter 7 Case with Assets, 35 Loy. Consumer L. Rev. 145 Ed Boltz Thu, 03/14/2024 - 17:13 Abstract: This Article analyzes the following question. Is a debt discharged "if the omitted

Bankruptcy Abuse Rarely Works . . . Because Of Gatekeepers—INTRODUCTION

By: Donald L Swanson I recently heard politicians on all sides of the political divide agree on one thing as self-evident: that bankruptcy abuse by “fabulously wealthy corporations” is rampant; and Johnson & Johnson is a prime example of that abuse

Notable Subchapter V Bankruptcy Opinions: December 2023 (AI Edition)

Continuing with the monthly series, here are short summaries of December 2023’s Subchapter V bankruptcy opinions from across the country. As in the prior Sub V case posts, I’ll provide a roadmap of the issues and then you can click the opinions if

N.C. Ct. of App: Longphre v. KT Fin.- Date for Accrual of Interest

N.C. Ct. of App: Longphre v. KT Fin.- Date for Accrual of Interest Ed Boltz Wed, 03/13/2024 - 22:08 Summary: The Longphres loaned KT Financial $330,000 by two separate promissory notes with 30% interest and specified “[a]ll accrued interest and

Celebrating a Milestone: Cox Mobile’s Second Year in the Mobile Arena at CES 2024 and MWC 2024

As Cox Mobile celebrated its first year at the forefront of the mobile industry during CES 2024 and MWC 2024, Bob Gold & Associates (BG&A) was proud to play a pivotal role in amplifying this milestone through strategic media outreach and event

N.C. Ct. of App.: In re Jones- Validity of Reverse Mortgage not an issue for non-judicial foreclosure

N.C. Ct. of App.: In re Jones- Validity of Reverse Mortgage not an issue for non-judicial foreclosure Ed Boltz Wed, 03/13/2024 - 04:05 Summary: George Jones qualified for a reverse mortgage on his home with American Advisors Group (AAG) and received

ABI’s Subchapter V Task Force Recommends Making The $7,500,000 Debt Cap Permanent

By: Donald L Swanson The American Bankruptcy Institute’s Subchapter V Task Force has issued its “ Preliminary Report” on “Maintaining the $7,500,000 Debt Cap for Subchapter V Eligibility.” This article quotes from and summarizes the Report