Consumer Finance Monitor Podcast Episode: Should Medical Debt Be Included in Creditworthiness Measures?
Credit Eco to Go Podcast: Demystifying the Debt Collection Rule
Law School Toolbox Podcast Episode 294: Money Talk (w/Carrie Friedberg)
Podcast: Questions & Concerns About Documentation: A Conversation with Colin Adams, M-III Partners
Podcast - Credit Funds: How PE Funds Can Address and Minimize Conflict When Expanding Into Credit
Underwriters, Universities and Government Debt Issuers Face a Critical Deadline
Maximizing Outcomes in Upcoming Asia Restructurings - Executive Summary
Bar President: 3Ls Should Get Paid for Internships
Bill on Bankruptcy: Kodak Plan Bumps the Debt, Craters Stock
Consultant: More Big Law Firms Will "Implode"
Law School Applications Crater
Will The Debt Ceiling Standoff End Up In Court?
Bill on Bankruptcy: MF Global Creditors Undeterred by Low Value
Symptoms of Student Loan Crisis Reveal Bubble About to Burst
Dean: There's No Oversupply of Lawyers
Bill on Bankruptcy: Will 2013 Be Kind To The Bankruptcy Bar?
The Court of Appeal has held that a party who prevents a condition precedent to their obligation to pay from being met cannot rely on the unfulfilled condition to escape their liability in debt....more
Welcome to the June edition of the UK Tax Round Up. This month features the latest Court of Appeal decision in a trilogy of recent cases regarding the loan relationship “unallowable purpose” test, an Upper Tribunal decision...more
Following the English High Court’s written reasons for sanctioning the Adler Group restructuring plan on 21 April 2023, the English Court of Appeal has overturned the High Court’s decision and sent a strong message regarding...more
Asserting claims derivatively on behalf of an LLC, as opposed to directly on behalf of an LLC member, can be tricky business for even experienced litigators. The requirements for derivative claims have been explored in...more
Welcome to the October edition of the UK Tax Round Up. This month has seen the Supreme Court’s judgment on the operation of the employment-related securities deeming provision, the Court of Appeal’s decision on what...more
News accounts of instances of stolen identity in which identity thieves incur debts in the names of innocent consumers are common. Given the structure of the consumer credit industry, it is difficult for consumers to know...more
The United States Supreme Court recently answered the question of whether a debtor in bankruptcy can discharge a debt resulting from another person’s fraud, even if the debtor is not aware of the fraud. On February 22, 2023,...more
Members of an LLC are required to pitch in equally for the LLC’s expenses and debts, right? Generally, no....more
On December 29, 2022, CMS posted on its website Transmittal 18, which implements sweeping changes to the Medicare cost report for hospitals and its accompanying instructions. The revisions affect nearly every facet of...more
In a long-anticipated decision, on September 8, 2022, the United States Court of Appeals for the Second Circuit (the “Second Circuit”) vacated the judgment of the Southern District of New York (the “District Court”) in, In re...more
As litigation funding becomes more commonplace, courts are having to determine how a wide variety of laws apply to litigation funding agreements. Until now, courts have primarily focused on two issues: 1) whether or when...more
The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases. Our lawyers are at the forefront of this area of the law, shaping how it is handled in the Probate and Family Court. Goulston & Storrs is the...more
Alabama’s materialman’s lien statute (specifically, Ala. Code § 35-11-211) was intended to provide construction lenders priority over materialmen as to debts relating to construction projects, and this intent was recently...more
Alabama’s materialman’s lien statute (specifically, Ala. Code § 35-11-211) was drafted with the intent of providing construction lenders priority over materialmen as to debts relating to construction projects. This intent was...more
The Situation: Should liquidators be personally liable for the costs of unsuccessful appeals, without an entitlement to reimbursement by the company or its creditors in relation to those costs? The Conclusion: The general...more
In a decision widely anticipated by investors in emerging market and distressed debt, the Court of Appeal has upheld the decision of the High Court to refuse to grant an indefinite moratorium on claims under certain English...more
Lenders who prevail on claims arising from a deed of trust can always recover their attorney fees from the losing party as long as the deed of trust says something about fee recovery, right? It’s not that simple....more
It’s hard to find something positive these days to write about Venezuela. Some basic facts tell the story of the misery there. Consumer prices this year might rise one million percent. The minimum wage was increased by...more
In July 2017, we wrote about the case of Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (in liquidation) (receivers and managers appointed), in which the Western Australian Supreme Court held that rights of set off...more
In an overlooked aspect of the recent New York Court of Appeals decision in Cortlandt St. Recovery Corp. v. Bonderman1, New York’s high court has allowed direct claims to move forward against two private equity firms for the...more
In a decision that could widely affect accountants, auditors, and other finance professionals, the Singapore Court of Appeal recently ruled that a defunct company had abandoned its right related to a proof of debt due to the...more
The Court of Appeals seems to have halted much uncertainty surrounding “reverse Avila” claims by unanimously affirming the New York federal court’s decision in Taylor v. Financial Recovery Services, Inc., No. 17-1650, 2018...more
In Dahlin v. Lyondell Chemical Co., 2018 U.S. App. LEXIS 1956 (8th Cir. Jan. 26, 2018), the Eighth Circuit Court of Appeals rejected an argument that bankruptcy debtors were required by due process to provide more prominent...more
Section 303(b)(1) of the Bankruptcy Code generally requires three petitioning creditors to join an involuntary petition, each of which must hold claims against the debtor that are not contingent as to liability and are not...more
On November 17, the U.S. Court of Appeals for the Third Circuit (the “Court”) made clear its stance on the question of enforceability of make-whole provisions in bankruptcy. Bucking the recent trend seen in cases such as In...more