ABI Blog Exchange

Diminishing The U.S. Constitution’s Bankruptcy Power: Congress, Courts & U.S. Trustee

By: Donald L Swanson The history of bankruptcy in these United States teaches this: bankruptcy laws can provide an efficient and effective solution for a great variety of financial problems. But bankruptcy laws, in these United States, face

What is Bankruptcy & What Are Bankruptcy Chapters?

What Is Bankruptcy? Bankruptcy gives a fresh start to honest debtors. That’s what the Supreme Court said more than seventy years ago. A fresh start to honest debtors and a clear field for the future. (As an aside, we know how hard it can be to decide

What is Bankruptcy & What Are Bankruptcy Chapters?

What Is Bankruptcy? Bankruptcy gives a fresh start to honest debtors. That’s what the Supreme Court said more than seventy years ago. A fresh start to honest debtors and a clear field for the future. (As an aside, we know how hard it can be to decide

What happens at my bankruptcy hearing: The “Meeting of Creditors”

What happens at my bankruptcy hearing: The “Meeting of Creditors”

What Does Chapter 13 Cost in Virginia

Chapter 13 is price controlled by the bankruptcy judges. In August 2023, they set the fee at $6339. We get about half up front, and the rest out of the Chapter 13 payment you make to the court. So up front, $700, $1000, and $1100. Then $3529 from

What Does Chapter 13 Cost in Virginia

Chapter 13 is price controlled by the bankruptcy judges. In August 2023, they set the fee at $6339. We get about half up front, and the rest out of the Chapter 13 payment you make to the court. So up front, $700, $1000, and $1100. Then $3529 from

We Recommend Moneysharp.org for the Required Bankruptcy Classes

There are several dozen outfits that are approved to offer the required bankruptcy classes. We recommend Moneysharp.org. Click here for full size. We like Moneysharp because the $10 price is reasonable, and because many people think those classes are

My video explains the court papers you sign where we file your case with the bankruptcy court.

Your Bankruptcy Papers “Here are the papers we sign and file, to get your bankruptcy officially started. This is a half-hour video.”

My video explains the court papers you sign where we file your case with the bankruptcy court.

Your Bankruptcy Papers “Here are the papers we sign and file, to get your bankruptcy officially started. This is a half-hour video.”

You Don’t Want a Tax Refund in Chapter 13

When you’re in chapter 13, you don’t want a tax refund. Why? If you get a refund more than $250.00, you have to send it in to the bankruptcy trustee. So you don’t want to over-withhold. You also don’t want to under-withhold. Why? Because on April 15

Miscellaneous Virginia Bankruptcy Questions

What About ….? What about my bank account? Filing bankruptcy does not force you to close your bank account. (Many credit unions will fire you as a customer.) If your credit is already so bad you can’t open an account, try TD Bank, a new bank in

SBA EIDL Loan Defaults and the Statute of Limitations 12-24-2023

Many clients have contacted us regarding defaulted SBA EIDL loans and the period of time in which the SBA or the Government may sue them to collect on the defaulted loan (the statute of limitations). The law and rules, as noted below are complex and

Weekly News – December 22

2024 Sponsorships Now Available Please Consider Sponsoring CRC’s Content Click Here Restructuring pros get ready! FTX US/Bahamas settlement Trade rumors The end of an era… Our take: Is the rise of private debt taking its toll on sell-side desks? Or

Shenwick Blog Posts on SBA EIDL Loans

Many clients, attorneys, and accountants have asked where they can find our blog posts on SBA EIDL loans. To make their search easier, they are listed below. If you would like to speak with Jim Shenwick, Esq regarding your SBA EIDL loan, please click

IRS waiving $1B in penalties for people, firms owing back taxes — here’s who qualifies

IRS waiving $1B in penalties for people, firms owing back taxes — here’s who qualifies NY Post has article discussing the IRS waiving $1 billion in penalties for certain tax years. The article can be found at https://nypost.com/2023/12/19/business

Rejecting An “Oh, No!” Ruling On Subchapter V Eligibility (In re Zhang)

By: Donald L Swanson Every now and then, a bankruptcy ruling elicits an “Oh, no!” response from just about everyone. And then, subsequent case law starts rejecting and/or chipping-away at that “On, no!” ruling. We have such an “Oh, no!” situation

Special Feature: Disqualified Lender provisions in the Spotlight

Contributors Justin Forlenza, Sid Levinson, James Millar & Paul Silverstein take on DQ provisions Our Contributors tackle the emergence of a new tool in the sponsor toolkit – the use of DQ lists and other anti-assignment tactics to control who is at

Holiday debt hangover poised to be ‘particularly nasty’ this year, analyst says

The New York Post published an article stating that consumer spending through "buy now, pay later" services has increased as consumers struggle with growing debt obligations. This trend could lead to a rise in bankruptcy filings after the holidays

Narrow and Limited Effect of U.S. Supreme Court’s Stern v. Marshall Opinion (In re Richards)

By Donald L. Swanson I’m reading a U.S. circuit court’s recent bankruptcy opinion that cites Stern v. Marshall, 564 U.S. 462 (2011). I’m startled by that and blurt out (to myself), “Who cites Stern anymore?!” and “Is Stern still a thing?!” and “I