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The latest insolvency news to read, watch and share.

  • Emerging Issues: Residential PACE Loans and Bankruptcy

    Emerging Issues: Residential PACE Loans and Bankruptcy

    Property Assessed Clean Energy (PACE) loan programs nationwide attest to the desirability of energy efficiency improvements as a matter of public policy, but they are not without issues.

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  • Reinbold v. Thorpe (In re Thorpe)

    Reinbold v. Thorpe (In re Thorpe)

    Under the Illinois law, each spouse is vested with independent contingent interests in marital property when the divorce petition is filed.

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  • The Cryptocurrency Craze: How to Treat Bitcoins in Fraudulent-Transfer Litigation

    The Cryptocurrency Craze: How to Treat Bitcoins in Fraudulent-Transfer Litigation

    The rapid increase in the use and consumption of bitcoins is undeniable. Given the volatility of the bitcoin market, a large fluctuation bitcoin value could cause a surge in bitcoin-related filings.

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  • A Bogus Claim May Beat Summary Judgment, but It Won’t Reach a Jury

    A Bogus Claim May Beat Summary Judgment, but It Won’t Reach a Jury

    A defense that fails the ‘laugh test’ still beats a summary judgment motion, district judge says.

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  • Tension Within Chapter 11: Break-Up Fee Enforceability and In re Energy Future Holdings

    Tension Within Chapter 11: Break-Up Fee Enforceability and In re Energy Future Holdings

    Energy Future Holdings demonstrates the tradeoff underlying two important legal standards.

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  • Make a Capital Connection!1:07

    Make a Capital Connection!

    Looking for reasons to join us in Washington this April?

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  • Fees-on-Fees Retention Provisions Might Be Circling Back This Way

    Fees-on-Fees Retention Provisions Might Be Circling Back This Way

    On Sept. 20, 2017, for the first time post-ASARCO, a bankruptcy court approved a “fees-on-fees” retention provision for an estate professional.

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  • Are Student Loans No Longer the "Third Rail" of Bankruptcy?

    Are Student Loans No Longer the "Third Rail" of Bankruptcy?

    Courts typically apply the Brunner test to determine "undue hardship" when faced with a debtor with student loan debt, yet two recent decisions seem to have softened the harshness of § 523(a)(8).

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  • Chapter 15 Filings, 2006-17

    Chapter 15 Filings, 2006-17

    Chapter 15 bankruptcy filings from 2006-17.

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  • The GM Creditors’ Trust Opens a Can of Worms by Nixing a Settlement

    The GM Creditors’ Trust Opens a Can of Worms by Nixing a Settlement

    Bankruptcy judge finds bad faith for walking out on a fully documented but unsigned settlement.

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  • Bankruptcy v. Offer in Compromise: Alternatives to Resolving Tax Debts

    Bankruptcy v. Offer in Compromise: Alternatives to Resolving Tax Debts

    Complimentary ~ February 22, 2018 @ 3 PM ET

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  • Check Engine: Rules of the Road to Navigate Upcoming Auto Distress

    Check Engine: Rules of the Road to Navigate Upcoming Auto Distress

    The automotive industry faces an overhaul like nothing it has ever experienced. Short- and long-term challenges in the industry will likely result in a number of suppliers having to be restructured.

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  • Chapter 11 Filings by PE-Backed Companies from 2012 through September 2017

    Chapter 11 Filings by PE-Backed Companies from 2012 through September 2017

    Chapter 11 Filings by PE-Backed Companies from 2012 through September 2017

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  • Circuit Split: Is a Deposit into a Debtor’s Bank Account a “Transfer” Under § 101(54)?

    Circuit Split: Is a Deposit into a Debtor’s Bank Account a “Transfer” Under § 101(54)?

    [...]Is a deposit or wire transfer into a debtor’s bank account a “transfer” within the meaning of § 101(54)? The legislative history behind § 101(54) suggests that the answer is “Yes.”

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  • Private Equity Has a Retail Problem

    Private Equity Has a Retail Problem

    Although 2017 was a solid year for private equity, PE-owned companies have accounted for an increasing share of large chapter 11 filings since early 2016, mostly due to more failed retail businesses.

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  • Rochelle's Daily Wire Overview of the Week of 1/19/183:18

    Rochelle's Daily Wire Overview of the Week of 1/19/18

    ABI editor-at-large Bill Rochelle recaps the top developments in the bankruptcy world that appeared in his Rochelle's Daily Wire (RDW) column. In this edition of the weekend analysis, Bill recaps the

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  • Supreme Court Grants Certiorari in a Third Bankruptcy Case This Term

    Supreme Court Grants Certiorari in a Third Bankruptcy Case This Term

    High court to decide whether a false oral statement about one asset results in nondischargeability.

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  • In re Haler

    In re Haler

    Oral statement that company was in "very fine legally [sic] financial shape" & had "plenty of cash to operate" is within exception under 523(a)(2)(A) so the debt was dischargeable. Judgement reversed.

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  • December Commercial Chapter 11 Filings 2007-17

    December Commercial Chapter 11 Filings 2007-17

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  • Chicago Judge Erases Chapter 13 Debt Limits on Student Loans

    Chicago Judge Erases Chapter 13 Debt Limits on Student Loans

    Large student loans do not justify dismissal of a chapter 13 case when chapter 11 is the only alternative, Bankruptcy Judge Janet S. Baer says.

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  • Kramer v. Mahia

    Kramer v. Mahia

    The 2d Circuit Court of Appeals affirmed the district court’s judgment, finding that five of the appellant’s arguments were meritless for the same reasons stated in the district court's order.

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