ABI Blog Exchange

The ABI Blog Exchange surfaces the best writing from member practitioners who regularly cover consumer bankruptcy practice — chapters 7 and 13, discharge litigation, mortgage servicing, exemptions, and the full range of issues affecting individual debtors and their creditors. Posts are drawn from consumer-focused member blogs and updated as new content is published.

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Reasons that Bankruptcies Are Denied in Pennsylvania

If you plan on filing for either Chapter 7 or Chapter 13 bankruptcy in Pennsylvania, you need to be prepared for the challenges you may face. So, before you file, it’s wise to learn why bankruptcies are most often denied in Pennsylvania. If your Chapter 7 bankruptcy was denied in Pennsylvania, it was probably because […] The post Reasons that Bankruptcies Are Denied in Pennsylvania appeared first on .

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Solving Your Debt Problems By Doing Nothing.

For some people on Social Security, Doing Nothing About Debt Problems Works Fine I tell a couple people a month there’s no reason to file bankruptcy. Most often older people who have no income except for social security. For them, there’s often no reason to file bankruptcy. Here’s why. People File Bankruptcy for Three Reasons […] The post Solving Your Debt Problems By Doing Nothing. by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.

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N.Y. Credit Union Sues NCUA Over Taxi Medallion Loan Participation Dispute see the article from Credit Union Times below

 https://www.cutimes.com/2022/04/26/n-y-credit-union-sues-ncua-over-taxi-medallion-loan-participation-dispute/?slreturn=20220404101101

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Colorado Bankruptcy Homestead Just Increased to $250,000

In Bankruptcy, Can I Protect the Equity in My House? Bankruptcy is set up by the Federal government, but each state sets its own rules on how much equity you can protect if you file Chapter 7 bankruptcy.  That protection is called your homestead exemption.  In April 2022, Colorado raised their homestead exemption from $75,000 […] The post Colorado Bankruptcy Homestead Just Increased to $250,000 by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.

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Penalties for Bankruptcy Fraud

April 2022 saw courts dish out two big penalties for Bankruptcy Fraud. In April 2022, over in the UK, former tennis great Boris Becker was sentenced to two-and-a-half years in prison for bankruptcy fraud: hiding $3 million in assets during his case. Becker had landed bankruptcy in the UK back in 2017, because of a […] The post Penalties for Bankruptcy Fraud by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.

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The 8 F’s of Re-Engagement and Networking Small Talk

As we return to in-person conferences, networking events, and other gatherings, we may need to dust off our networking and small talk skills.  This article explores “8 F’s” to use to start a conversation or keep a conversation going as you re-engage. AHLA - The 8 F's (reprint) Reprinted with permission from the https://www.americanhealthlaw.org/. The post The 8 F’s of Re-Engagement and Networking Small Talk appeared first on Sylvia Mayer Law.

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A LEG UP FOR EQUITY? Part I – Fraudulent Retention Claims[1]

Equity security holders[2] or investors [3] (“Equity Holders”) in debtor entities are usually subordinated to creditors’ claims in bankruptcy cases.[4] This need not always be the case. Two conditions exist where Equity Holders’ claims may be equal or superior to general unsecured creditors’ claims. The first are claims based on “fraudulent retention” (“Fraudulent Retention Claims”). The second are claims based on debtors’ post-petition interfering with Equity Holder’s rights to sell their investment, to benefit the debtors’ reorganization effort (“Freeze Claims”). The post A LEG UP FOR EQUITY? Part I – Fraudulent Retention Claims<sup>[1]</sup> appeared first on Wayne Greenwald, P.C..

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Mediator Insights: Receptivity and Resolution

Receptivity is being open to listening and accepting new information, ideas, or suggestions.  In the context of mediation, receptivity is often the key to resolution (i.e., settlement).  Receptivity is also the core focus of Robert Cialdini’s Pre-Suasion: A Revolutionary Way to Influence and Persuade. Cialdini coined the word “pre-suasion” to encapsulate the process of laying the groundwork for receptivity.  Relying on real-life situations and scientific studies, Pre-Suasion explores a myriad of ways to enhance receptivity before making any meaningful “asks.”  Word choice, focus, and connection are among the tools available to build receptivity. Below I explore some examples drawn from Pre-Suasion and how they apply to mediation and conflict resolution. Words Matter. How you say something has an impact on the listener’s receptivity.  For example, a healthcare organization may ask speakers to make these changes in their wording: Standard Language          changed to             Replacement Language Bullet points                                                     Information points Business targets                                               Business goals Attack a problem                                             Approach a problem Beat competition                                             Outpace competition Why?  Because a healthcare organization is focused on healing.  Bullets, targets, attacks, and beatings are the antithesis of healing.  Words matter. The words we say can open up opportunities for agreement.  Language is one of the primary means of engaging receptivity.  In mediation or negotiation, choose your words carefully to engender openness and connection, while avoiding words that may trigger a fight or flight reaction. Focus Matters. What is focal is presumed causal, meaning that what has our attention (focus) shapes (causes) our views on the subject matter.  For example, a study compared the impact of changing the illustrations on a website landing page of a company selling furniture.  If the landing page had fluffy clouds, then it drew in customers interested in the comfort of the furniture, whereas if the landing page had pennies, then it drew in customers interested in saving money. In a different study, analyzing interrogations and confessions in criminal investigations, it was determined that the camera angle (focus) altered the viewer’s bias (causation) between suspect and interrogator.  If the camera focused on the suspect, then viewers were more likely to perceive guilt.  Whereas, if the camera focused on the interrogator, then viewers were more likely to perceive innocence.  The only thing that changed the impact was recording the interrogation from the side where both suspect and interrogator were equally visible. How does this play out in a mediation or negotiation?  Focusing on areas of agreement or positive deal points softens the impact of the areas of disagreement or negative deal points.  This, in turn, enhances receptivity to exploring options for resolution of the disputed areas. Connection Matters. Connection is a critical component of reaching receptivity.  Connection comes in many forms – a familial connection, a cultural connection, an emotional connection, etc.  Here are two examples drawn from the Holocaust that illustrate the power of connection. In 1940, a career diplomat, Chiune Sugihara, worked in the Japanese consulate in Lithuania.  As doors closed to Jews all around the world, a group asked Sugihara for visas so they could emigrate to Japan.  Sugihara sought permission from Tokyo but was denied. He asked again.  Twice.  Each time denied.  Nonetheless, defying his government, Sugihara issued thousands of visas before being recalled to Tokyo.  In doing so, he saved thousands of lives and effectively ended his career in diplomacy. Why did he do this?  Connection.  Growing up, his father was a Japanese official stationed in Korea.  While in Korea, his parents opened an inn where they welcomed guests of all backgrounds.  They taught Sugihara that everyone should be welcomed because we are all members of the human family.  Years later, when asked why he risked his career to issue these visas, he explained that the Jewish applicants were members of the human family and needed his help.  This sense of connection saved lives. Fast forward to 1942.  The Nazis were pressuring their Japanese allies to adopt the “final solution” for the Jews in Japan.  Josef Meisinger, known as the “Butcher of Warsaw,” was sent to Japan to convince the Japanese government.  The Japanese officials tasked with deciding sought input from both sides – the Nazis and the Jewish refugees.  The Jewish community sent two rabbis – one a scholar and the other known for his humanity.  The Japanese officials asked the rabbis why the Nazis hate them so much.  The scholar struggled to offer a response, but the other rabbi answered simply, “Because we are Asian, like you.”  His quick thinking and intuitive ability to build a connection saved 26,000 lives. While very few mediations involve saving thousands of lives, the power of connection remains just as true.  Finding or building a connection can be a powerful pathway to achieving receptivity. Wording, focus, and connection are three tools available to build receptivity.  Pre-Suasion is replete with other suggestions to lay the groundwork for receptivity. Author’s Note: As a mediator, I am a “forever student” always seeking new ways to help people find a path to resolution in mediation.  Robert Cialdini’s “Pre-Suasion: A Revolutionary Way to Influence and Persuade” inspired this post.  In reading his book, I was struck by the relevance to my mediation work.  In the book, he explores a myriad of ways to enhance receptivity and focuses on laying the groundwork for receptivity before making any meaningful “asks.”  If you aren’t a reader, but still interested in what he has to say, then you may enjoy this podcast in which he was interviewed about his book:  Barry Ritholtz, Masters in Business (June 18, 2021), https://podcasts.apple.com/us/podcast/robert-cialdini-on-the-psychology-of-influence-podcast/id730188152?i=1000526009805. Receptivity and Resolution   The post Mediator Insights: Receptivity and Resolution appeared first on Sylvia Mayer Law.

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Alex Jones: The Bankruptcy Prequel

 While Alex Jones has created a lot of controversy through his decision to play three of his entities into voluntary bankruptcy, this was not his first brush with bankruptcy. In 2020, his ex-wife, Kelly R. Jones, initiated an involuntary bankruptcy petition against him. In re Jones, Case No. 20-10118 (Bankr. W. D. Texas). Ms. Jones filed the petition pro se, meaning that she did not have a lawyer. The case was dismissed after the bankruptcy court determined that Ms. Jones was not an unsecured creditor. Only unsecured creditors are entitled to bring involuntary bankruptcy petitions. The Bankruptcy Court determined that Ms. Jones's claim of $786,861 was secured by property worth at least $1,250,000. (Dkt. #92). Although Mr. Jones could have sought to recover his legal fees incurred in defending against the petition, he did not.According to the bankruptcy filings, Mr. Jones owns at least two properties since they were pledged to Kelly Jones in the divorce. One of these properties, 5420 McCormick Mountain Dr., Austin, TX 78734 is a waterfront property with a modest 1.578 sq. ft. residence on it.  According to Zillow, the property is currently worth $2.2 million. However, if it is Mr. Jones's homestead, it would be exempt from claims of creditors. Mr. Jones also owns a 5.01 acre tract in Perdernales Hills Ranch in Blanco County, Texas. This property is appraised by the Blanco County Appraisal District at $137,270, although tax appraisal values generally lag behind market value. The address given for Mr. Jones in the bankruptcy proceeding was 1400 Barton Creek Boulevard, Austin, TX 78735. This property is owned by RXXCTTGAA Trust and is valued by the Travis Central Appraisal District at $2.7 million. The trust acquired the property in 2015. The summons on file with the Bankruptcy Clerk indicates that Mr. Jones was served with the summons at this address. In one bit of foreshadowing, Ms. Jones used the involuntary bankruptcy petition as the basis for removing the couple's divorce case to U.S. District Court.  Case No. 1:20-cv-151-LY, Jones v. Jones (W.D. Texas). The case was remanded back to state court. In in irony (or perhaps simply a common refrain of an unsuccessful litigant), Ms. Jones complained about the Travis County State District Court's "repeated denial of [her] equal rights to offer and present evidence in Court and its intentional, arbitrary, irrational and unjustified denial of equal access to the court."  Mr. Jones has made similar statements about his treatment in the Travis County District Courts of late. What does this mean for the present Jones-related bankruptcy cases? Nothing directly, although it illustrates that bankruptcy can be used as both a sword and a shield. Ms. Jones unsuccessfully attempted to bring her ex-husband into bankruptcy to gain an advantage in their post-divorce relationships. Mr. Jones is now seeking to use bankruptcy to shield several of his entities from claims and remove pending litigation to federal court. The one distinction between the two filings is that Ms. Jones was acting pro se while Mr. Jones is represented by qualified attorneys. In a proceeding as complex as bankruptcy, having qualified counsel minimizes the risk that a litigant will jeopardize their case through lack of knowledge of the procedure. Disclaimer: My sources for this post consist of publicly available records. I do not claim any personal knowledge of the facts beyond what I have found in these records. 

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How Can Texans Celebrate Earth Day?

Happy Earth Day, Texans! Texas is a beautiful state that we are lucky to call ‘home’. In order to protect our wonderful home, we need to make sure it is clean & taken care of. Below are ways that Texans can do their part to help keep our home clean, both on Earth Day AND all year long.   Earth Day Celebrations Earth Day Texas – Dallas When: April 22-24, 2022 Where: Kay Bailey Hutchison Convention Center Time: 10 am – 6 pm Description: “The mother of all eco expos is held on three days and attracts thousands of visitors to Fair Park. Hundreds of exhibitors will be on hand, including environmental non-profits, businesses, academic institutions and government agencies aiming to raise the environmental consciousness of North Texans. There is also a full schedule of speakers, demonstrations and films at this free fest founded by Dallas philanthropist Trammell S. Crow.” Website: https://earthx.org/activities/   Plant A Seed For Earth Day – Fort Worth When: April 22, 2022 Where: Fort Worth Public Library Time: 4 pm – 5 pm Description: “At your library, you have a fun space for creativity and development. Bring and friend and learn how to care for it and see how a plant grows. As a destination for discovery, your Fort Worth Public Library is a location for learners of any age. This is a free event!” (Perfect for families!) Website: https://newsroom.heb.com/event/plant-a-seed-for-earth-day-fort-worth-public-library/   Earth Day at Woodlawn Lake Park – San Antonio When: April 23, 2022 Where: 1103 Cincinnati Ave. (Woodlawn Lake Park) Time: 10 am – 2 pm Description: “Celebrate Earth Day 2022 with San Antonio Parks and Recreation! This fun-filled event will feature over 50 environmental organizations, hands on family activities, free tree adoptions, engaging dance and musical performances, and lots more! Connect with representatives from local organizations whose work focuses on conservation, take a free Fitness in the Park class, and enjoy a healthy treat from one of our food vendors.” Website: https://www.sanantonio.gov/ParksAndRec/News-Events/Earth-Day   Earth Day ATX 2022 – Austin When: April 23, 2022 Where: Huston-Tillotson University Time: 12 pm – 6 pm Description: “Earth Day Austin is the largest sustainability event in Central Texas. On April 23, 2022, thousands from the Austin Area and beyond will come to learn about conservation and sustainable solutions, celebrate our love for the environment, and get connected to the best and most innovative green businesses and organizations. Your business or organization should be right in the center of it. With family and friends, attendees explore rich, in-depth programming, exciting new activities and engaging exhibitions that allow them to discover new connections to the environment and environmental issues. Inspired by their experiences and interactions, participants are empowered to make new sustainable choices that enhance their lives while helping the planet.” Website: https://earthdayaustin.com/for-exhibitors-2-2/   ____________________________________________________________________   Earth Day, Every Day! Groundwork Dallas – Dallas When: Every Saturday Where: Event locations changing constantly. Click here for location. Time: 9 am – 12 pm Description: Join Groundwork Dallas every Saturday to help protect and clean Dallas! Website: https://greensourcedfw.org/events/groundwork-dallas-parks-cleanup-volunteer-opportunity-dallas-every-saturday   Organize A Litter Cleanup – Fort Worth When: Can be whichever date you choose Where: Can be whichever location you choose Time: Can be whichever time you choose Description: “Keep Fort Worth Beautiful supports volunteers by providing them with trash bags and gloves, which helps in their efforts to clean litter and have a positive impact on their community. KFWB typically provides the following supplies for a standard two-hour cleanup: One bag per adult volunteer One bag per two youth volunteers Gloves for all volunteers Equipment to help any volunteers who are elderly or who have disabilities (available upon request)” Website: Create your littler cleanup here: https://www.fortworthtexas.gov/departments/code-compliance/kfwb/initiatives/litter   San Antonio River Authority – San Antonio When: Can be whichever date you choose Where: Can be whichever location you choose Time: Can be whichever time you choose Description: “Every year, the San Antonio River Authority, City of San Antonio, Bexar County, other governmental agencies, and volunteers pull tons of trash out of area creeks and rivers. A piece of trash you see on the sidewalk in your neighborhood or on the ground at an area park will likely end up in a local waterway. You can help make a difference. Don’t let litter trash your river!” Website: https://www.sariverauthority.org/trash-initiative/volunteer-toolkit   Keep Austin Beautiful – Austin When: The 2nd Saturday of every month Where: Event locations changing constantly Time: Event times changing constantly Description: “We inspire and educate all Austinites to volunteer together, beautify green spaces, clean waterways, and reduce waste every day. Keep Austin Beautiful empowers people to care for the environment by providing community resources, education, and volunteer opportunities.” Website: Must register here per event: https://keepaustinbeautiful.org/volunteer-opportunities/ The post How Can Texans Celebrate Earth Day? appeared first on Allmand Law Firm, PLLC.