Bankruptcy Blogs

The Daily Docket: Sorenson Communications Files for Bankruptcy

03/03/14

Sorenson Communications Holdings Inc ., which provides videophones and video interpreting services to deaf and hard-of-hearing people, filed for bankruptcy protection Monday, with a prearranged Chapter 11 plan to address its debts. Read the story here in Daily Bankruptcy Report here.

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The Daily Docket: Sorenson Communications Files for Bankruptcy

03/03/14

Sorenson Communications Holdings Inc ., which provides videophones and video interpreting services to deaf and hard-of-hearing people, filed for bankruptcy protection Monday, with a prearranged Chapter 11 plan to address its debts. Read the story here in Daily Bankruptcy Report here.

[more]

Judge Discharges Student Loan Debt

03/03/14

The common wisdom is that is nearly impossible to discharge a student loan in a Chapter 7 bankruptcy. I recently saw a Florida bankruptcy case where a  bankruptcy judge did order the discharge of a debtor’s student loan.

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Morning Scan: PNC Subpoenaed; Citi Reports Fraud; The Future of Bitcoin

03/03/14

Breaking News This Morning ...

Subpoenaed: PNC Financial disclosed in a regulatory filing that it has received subpoenas from prosecutors over certain mortgage-lending practices. The bank has also received subpoenas from the Justice Department and Consumer Financial Protection Bureau about the return rate for its payment-processor clients. Wall Street Journal, Bloomberg Receiving Wide Coverage ... ...

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Discharge, Yes...But, How Much?

03/03/14

In this post I will explain the extent of the discharge given to insolvent individuals under the new Spanish insolvency law. Different problems arise from the way it has been introduced, ranging from its extent to the differences depending on the nature of the debtor. As in other provisions, looking at the newly introduced discharge one receives the impression of some sloppiness in the amendment or, worse, window dressing.

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The Politics of Financial Regulation and the Regulation of Financial Politics

03/02/14

I have an new article, The Politics of Financial Regulation and the Regulation of Financial Politics, forthcoming in the Harvard Law Review. The article is a multi-book review essay that serves as a launching pad for a discussion about the role of politics in financial regulation. The basic point is that the real issue in financial regulation is one of neutralizing or harnessing politics.

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N.D. Ga – Trustee Cannot Use Reverse Piercing of Veil To Recover Preferential Transfer

03/02/14

In Howell v. U.S. Foods, Inc., Ch. 7 Case No. 11-13160, Adv. Proc. No. 13-1054, 2014 Bankr. LEXIS 681 (Bankr. N.D. Ga. Feb. 5, 2014),… Continue Reading

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N.D. Ga – Trustee Cannot Use Reverse Piercing of Veil To Recover Alleged Preferential Transfer

03/02/14

In Howell v. U.S. Foods, Inc., Ch. 7 Case No. 11-13160, Adv. Proc. No. 13-1054, 2014 Bankr. LEXIS 681 (Bankr. N.D. Ga. Feb. 5, 2014) (click here for .pdf of Order), the individual debtor owned and managed a restaurant incorporated as Bilbo’s Bar-B-Que, Inc.  However, the Trustee alleged that the Debtor operated the business as a sole proprietorship known as “Bilbo’s BBQ.”    During the 90 day preference period, payments were made to U.S.

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