ABI Blog Exchange

Special Feature: Incora decision shocker

Andrew R. Dunlap Selendy Gay Elsberg Samuel J. Kwak Selendy Gay Elsberg On January 14, 2024, in the Chapter 11 case of Wesco (d/b/a Incora), Judge Marvin Isgur of the United States Bankruptcy Court for the Southern District of Texas ruled that claims

Dan Kamensky Speaks on Incora decision shocker

Dan Kamensky Creditor Rights Coalition Breaking (or dare I say Shocking) News. The Incora decision is the most favorable opinion to come down in favor of creditor rights (I could not have predicted it). It also likely puts the nail in the coffin of

2023 Bankruptcy Alternative: Uniform Law On Assignments For Benefit Of Creditors?

By: Donald L Swanson 2023 is the year that the need for a uniform state law on assignments for benefit of creditors became obvious. And a Drafting Committee at the Uniform Law Commission began working in 2023 to create such a law. Here are some of

Czech Republic’s New Act on Preventive Restructuring: Game-Changer in Creditor-Debtor Relationships

On 23 September 2023, the new Act on Preventive Restructuring (284/2003 Coll.) entered into effect in the Czech Republic (the “ Czech Preventive Restructuring Act”), incorporating the EU Directive 2019/1023 on preventive restructuring frameworks in

Divorce & Histrionic Personality Disorder In Arizona

Divorce & Histrionic Personality Disorder In Arizona If you’re going through a difficult divorce from your spouse, it probably feels like at least one of the parties involved has a personality disorder. One of the main suspects of spouses in strife

Part 26A Restructuring Plans – Sanction Hearing Timetabling Considerations

The judgment handed down in the matter of CB&I UK Ltd suggests that the English Courts will not expedite or truncate sanction hearing timetables to accommodate requests from companies which have applied for a restructuring plan under Part 26A of the

What Happens if My Income Decreased During Chapter 13 Bankruptcy?

Chapter 13 is a chapter of the bankruptcy code that individuals and spouses file under when they want to keep some of their assets. Filing for bankruptcy is a serious decision, but it can be beneficial to both debtors and creditors when done

2023 Bankruptcy Progress: Developing Subchapter V Law Through Court Opinions

By: Donald L Swanson 2023 has been a good year for developing the law of Subchapter V through court rulings and opinions. Here are some of the highs and lows of that development. Working as Intended If 2023 shows us anything, it’s this: Subchapter V

What Can We Expect in 2024 in UK Restructuring?

There are a few things that we can be almost certain of in 2024, and others are things to add to the watchlist, but with a potential change in government on the cards, there are likely to be a few curveballs thrown into the mix that none of us can

How the FBI is Combating COVID-19 Related Fraud

The FBI combating COVID related fraud, including PPP & EIDL loans. The article written by an FBI agent can be found at: https://www.fbi.gov/contact-us/field-offices/springfield/news/how-the-f… Jim Shenwick, Esq

Weekly News – January 12

Dish asset swaps… Exclusive Content Find it here on LevFin Insights leading to strong-armed tactics… Exclusive Content Find it here on LevFin Insights Audacy files for BK in SDTX Exclusive Content Find it here on Reorg Find the Company’s announcement

Will Filing for Bankruptcy Affect My IRA?

Filing for bankruptcy can have a lot of effects on your life. Your credit score may be lowered for a time, and you may not be able to do many activities because a lot of your assets are going toward paying off creditors. Because creditors are taking

Chapter 11 Bankruptcy Filings Rose 72% in 2023

Chapter 11 Bankruptcy Filings Rose 72% in 2023 CFO is reporting that Chapter 11 bankruptcy filings rose 72% in 2023. The story can be found at https://www.cfo.com/news/chapter-11-bankruptcy-reorganization-2023-Epiq…

2023 Bankruptcy Boondoggle: Fallout From Footnote 2 in U.S. Supreme Court’s Siegel v. Fitzgerald Opinion

By Donald L. Swanson In 2022, the U.S. Supreme Court issues its unanimous Siegel v. Fitzgerald opinion. The question in that opinion is: whether fee increases for bankruptcy cases, that exempt cases filed in Alabama and North Carolina, are

Happy New Year! – My Top 10 Favorite Posts

(My Favorite Homemade Blog Photo: Justice Gorsuch’s Trans Am from In re Haberman with Judge Garland Looking On) February 12, 2024 will mark Plan Proponent’s 9th Anniversary. Back in the early days, I’d be holed-up in Jessica’s parents’ basement in

2023 Bankruptcy Shocker: Third Circuit Lauding Disparate Results For Similarly Situated Claimants

By Donald L. Swanson Here’s my biggest bankruptcy shocker from 2023: the Third Circuit’s rationale for dismissing Johnson & Johnson’s bankruptcy. I’ll try to explain. Appalled I’m still appalled by the lack of concern, from the Third Circuit Court of

Tax Lien Foreclosure Update

This blog will discuss an important new case in New Jersey in the area of tax lien foreclosure. This case can be helpful to New Jersey property owners who have recently lost their property in a tax lien foreclosure. Imagine you own a house worth

Can My Wages from DoorDash, Uber, or Lyft Be Garnished in Arizona?

Can My Wages from DoorDash, Uber, or Lyft Be Garnished in Arizona? Our Arizona Family Law Attorneys and AZ Bankruptcy Lawyers weigh in: The issue of wage garnishment can be a significant concern for individuals who work for gig economy platforms like

In Appreciation of a Pirate

In Appreciation of a Pirate