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The latest insolvency news to read, watch and share.
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Digital Signatures for Petitions and Schedules
Signing bankruptcy documents electronically stokes fear in many. But what about the IRS's reportedly positive experience with digital signatures, and the rampant abuses within the "wet ink" system?
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Study Examines How Often Debtors Seek to Reaffirm Auto Loans
The incidence of chapter 7 debtors intending to reaffirm their auto loans notably decreased after BAPCPA, but data shows that debtors still overwhelmingly want to use bankruptcy to keep their cars.
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Reading the Tea Leaves: The Credit Markets and the Next Default Cycle
The current state of the credit markets and recently passed tax provisions hold clues as to possible future corporate defaults, restructurings and bankruptcies in the next economic downturn.
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Game of Loans
Much ink has been spilled in recent years detailing the student loan crisis. This article examines some of the numbers behind the issue and discusses possible solutions.
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The Small Business Reorganization Act of 2019
Congress passed the SBRA to streamline chapter 11 for small business debtors. While the SBRA involves many specific reforms, this article examines eligibility and governance and oversight.
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Applying HAVEN Act to Cases Filed Before Its Enactment
Strong arguments can be made that the HAVEN Act should apply to bankruptcy cases that were filed before it became law and that are still pending, including confirmed chapter 13 cases.
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39:25Watch VideoWinter Leadership Conference 2019 -ABI "40 Under 40" Honorees
WLC19 40u40 Presentation Honorees
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Read ArticleCommercial Chapter 11 Filings, 2009-19
Commercial Chapter 11 Filings, 2009-19
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Read ArticleNovember Commercial Bankruptcy Filings, 2009-19
November Commercial Bankruptcy Filings, 2009-19
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Read ArticleNovember Total Bankruptcy Filings, 2009-19
November Total Bankruptcy Filings, 2009-19
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Trustee Avoidance Cases to Recover Debtors' Education Payments for Their Children
Chapter 7 trustees have increasingly brought claims to avoid education-related payments made by debtors on behalf of their children as fraudulent transfers under 11 U.S.C. §§ 544 and 548.
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Read ArticleABI Creates Working Group on Diversity
Article on ABI's creation of the Diversity Working Group
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What the Rules of Professional Conduct Say About Social Media
Ethics opinions from across the nation make it clear that the rules of professional conduct (RPC) apply to attorney communications and marketing in digital form just like any traditional medium.
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HAVEN Act: Protecting Disability and Death Benefits in Bankruptcy
The HAVEN Act amended § 101(10A) of the Bankruptcy Code by replacing subparagraph (B), which exempts service member death and disability compensation from current monthly income.
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Should "Wet Ink" Signature Requirements Be Abolished?
Many courts have enacted local rules requiring attorneys to retain “wet ink” signatures for a certain period of time, but such rules ignore the reality that business is largely conducted digitally.
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Read ArticleOctober Commercial Chapter 11 Filings 2009-19
October Commercial Chapter 11 Filings 2009-19.
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Restructuring a Distressed Health Care Portfolio Company
In recent years, PE investment in physician practices and health care has notably increased, which could lead to an increasing amount of restructurings for PE in the complicated world of health care.
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Read ArticleOctober Commercial Bankruptcy Filings 2009-19
October Commercial Bankruptcy Filings 2009-19.
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How the USTP Plans to Implement HAVEN Act, SBRA
As the SBRA and HAVEN Act represent substantial changes to bankruptcy law and practice, teams of EOUST personnel are working to recommend changes to the USTP’s practices and to identify legal issues.
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Read ArticleOctober Total Bankruptcy Filings 2009-19
October Total Bankruptcy Filings 2009-19.
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Beware of Potential Damages When Filing an Involuntary Petition
Commencing an involuntary bankruptcy case against an adversary could result in severe consequences to a petitioning creditor in the form of attorneys’ fees, compensatory damages and punitive damages.
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