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Jason Kilborn
Chicago
Recent Activity
Man Bites Dog, or Debt Collector Restructures Its Distressed Debt
I couldn't let this one pass without noting it. The largest debt collection company in Europe has found itself on the other end of the dunning letter. Swedish debt collection company Intrum has achieved majority (barely) support for a deal... Continue reading
Posted Jul 11, 2024 at Credit Slips
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Alex Jones, Chapter 7, and the Means Test
I'm embarrassed to have fallen into an analytical trap that yet again reveals the absurdity of the means test. When I saw that Alex Jones was converting his personal Chapter 11 case to Chapter 7 liquidation, I wondered, "how in... Continue reading
Posted Jun 15, 2024 at Credit Slips
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Long-run (positive) effects of personal debt relief
Empirical papers on the long-run effects of a personal bankruptcy relief system (i.e., discharge) are rare, so this fascinating new paper caught my eye. The first personal insolvency discharge system in continental Europe appeared in Denmark in 1984, and this... Continue reading
Posted Jun 15, 2024 at Credit Slips
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Interesting--you say fraudulent transfer law still applies, so I'm wondering how, in the event of a dispute, the deposit into such an account would ever NOT be a fraudulent transfer. Does the bank's promise to pay the beneficiary constitute reasonably equivalent value TO THE DEPOSITOR? Or is the trick here the 4-year SoL, with the depositor assuming that no one will try to unwind the deposit until it's too late. This seems like a targeted spendthrift trust law--and I wonder if the drafters have avoided that terminology only because of the controversy some of those laws have created in places like Michigan.
A Uniform Law Project of Note: Special Deposits Act
Last week, bolstered by a continuing legal education program offered by the American Law Institute, I started studying a new uniform law that will be recommended to your state legislature in the coming days and months. It is called the Special Deposits Act. As of today it has not yet been enacte...
Creative Destruction in Small Business Bankruptcy
Two distantly related items caught my eye this morning, as both reinforce the need for "creative destruction" as a response to all-too-common small business failure. The first was a NYT piece on the travails of a female entrepreneur in China.... Continue reading
Posted Aug 29, 2023 at Credit Slips
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Third-Party Releases Clearly Endorsed in the 2nd Circuit, At Long Last
Yesterday's 2nd Circuit opinion reconfirming Purdue Pharma's settlement/restructuring plan is an enlightening read for those interested in third-party releases. In what seems to me (and the concurrence) a bit of a reach, the 2nd Circuit conceded that statutory authority more... Continue reading
Posted May 31, 2023 at Credit Slips
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New Year, New Personal Bankruptcy Law--in Kazakhstan
The list of countries with new personal insolvency laws continues to grow. Bloomberg noted today that the President of Kazakhstan had signed a new law setting out several procedures for relieving the debts of non-entrepreneur individuals (sole proprietors remain relegated... Continue reading
Posted Jan 3, 2023 at Credit Slips
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The decline and fall of commercial law
A listserv post this morning accentuated a troubling trend at the intersection of commercial law and bankruptcy practice: a marked decline in confident expertise in the former. The scenario is simple and, I suspect, common: perfected security interest in collateral... Continue reading
Posted Apr 13, 2022 at Credit Slips
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Bye, Bye, ABI
I have been an American Bankruptcy Institute member since June 1999, but I have finally made the difficult decision to allow my membership to lapse after 22 years at the end of next month. I've been thinking about this for... Continue reading
Posted Feb 25, 2022 at Credit Slips
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Annotated Bibliography of Histories of Debt and Bankruptcy
I just read a really fabulous annotated bibliography of books (alas, articles by such luminaries as Emily Kadens are excluded) on the history of credit, debt, and bankruptcy in the United States. Many of my favorites are on here, along... Continue reading
Posted Feb 4, 2022 at Credit Slips
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Contract Ambiguity: Paying Versus Still Owing a Debt
I've been meaning for some time to tell ... Continue reading
Posted Dec 1, 2021 at Credit Slips
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SBRA technical amendment = technical foul?
A great Arabic folk idiom describes an all-too-common occurrence: Literally, "he came to apply eye liner to her, but blinded her." [اجا يكحلها عماها izha ikaHil-ha, cama-ha] In other words, someone attempted to improve a situation but ended up ruining... Continue reading
Posted Sep 24, 2021 at Credit Slips
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Personal Insolvency in Asia and Currency Comparison
While Shenzhen has gotten all the good press since its March launch of the first personal bankruptcy regime in Mainland China, a number of other Asian regimes have also been on the move. I recently examined the rapidly developing personal... Continue reading
Posted Sep 8, 2021 at Credit Slips
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Book Rec: Range (or Yet Another Paean to Learning from Failure)
With summer upon us, I thought others might be searching for good new reading, as I was when I took up a smart friend's longtime recommendation to read Range: Why Generalists Triumph in a Specialized World. So much good stuff... Continue reading
Posted Jun 12, 2021 at Credit Slips
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Human Rights Watch on Imprisonment for Debt
What happens in countries where no consumer bankruptcy regime exists as a safety valve to assuage the worst consequences of unpayable debt? A report this week from Human Rights Watch ("We Lost Everything": Debt Imprisonment in Jordan) offers one heart-wrenching... Continue reading
Posted Mar 21, 2021 at Credit Slips
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Book Recommendation: Caesars Palace Coup
A fun new book applies a revealing Law & Order analysis to the multi-billion-dollar, knock-down-drag-out reorganization of Caesar's Palace. In The Caesars Palace Coup, Financial Times editor, Sujeet Indap, and Fitch news team leader, Max Frumes, open with a detailed... Continue reading
Posted Mar 15, 2021 at Credit Slips
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Personal Bankruptcy Arrives in China in March 2021
The process I noted in an earlier post h... Continue reading
Posted Oct 26, 2020 at Credit Slips
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New Greek Bankruptcy Code
Responding to an EU Directive and what was likely already a long-simmering plan to revise a not entirely satisfactory patchwork of constantly shifting bankruptcy and insolvency laws, the Greek government recently released a draft of a new Code for Debt... Continue reading
Posted Oct 8, 2020 at Credit Slips
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Personal Bankruptcy Coming to China
The English-language press has discovered a long-gestating project to introduce personal bankruptcy law in China. The project is described as "China's first personal bankruptcy law," though it remains just a draft for now, and it is strictly limited to longtime... Continue reading
Posted Jun 5, 2020 at Credit Slips
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What's in a Word: New Immigration Public Charge Rule and "Bankruptcy"?
I was surprised to find that the explosive new US immigration "public charge" rule has some interesting bankruptcy angles. The rule is a thinly veiled attempt to reduce immigration to the US by non-wealthy individuals (i.e., the vast majority of... Continue reading
Posted Feb 28, 2020 at Credit Slips
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Debt Limits ... and Poison Pills
The Russian Duma last week adopted on first reading a bill that attempts to solve the biggest problem with the new Russian personal insolvency law, but the bill contains a poison pill provision that will all but kill its effectiveness... Continue reading
Posted Feb 17, 2020 at Credit Slips
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This is a terrific paper. I commented on it as a "senior commentator" at a recent junior faculty conference here in Chicago, and I was surprised at the degree to which I found the constitutional and historical insights fascinating. Christine is a talented researcher and writer, and she has discovered the most intriguing historical coincidence here--check it out!
Christine Chabot on "Is the Federal Reserve Constitutional?"
I hate to admit that I'm beginning to find constitutional law interesting. First, there was the Puerto Rico v. Aurelius case that was argued at the Court a few weeks ago. And then, a few days ago, I came across Christine Chabot's “Is the Federal Reserve Constitutional? An Originalist Argument f...
Congrats likewise to Brook Gotberg https://law.missouri.edu/person/brook-e-gotberg/ at the University of Missouri, Columbia, another bankruptcy scholar on the 2019 list!
Congratulations to Pamela Foohey!
Congratulations to Pamela Foohey on being named to the American Bankruptcy Institute's 40 Under 40 list for 2019! Pamela joins Credit Slips own Dalié Jiménez (class of 2018) as an honoree. And it's been a great news day for our former co-blogger Katie Porter, who was not only the subject of an...
Small Biz Reorg Act Sleeper Innovations
Two aspects of the Small Business Reorganization Act of 2019 intrigued me as I looked more closely at this important new twist on Chapter 11 for the other 99%. First, I thought the new SBRA procedure might be a fairly... Continue reading
Posted Sep 25, 2019 at Credit Slips
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Small Borrowers Continue to Struggle Without Relief
Several recent stories remind us that many, many ordinary people around the world continue to struggle with crushing debt with no access to legal relief, and when relief is introduced, it is vehemently opposed by lenders and often limited to... Continue reading
Posted Sep 10, 2019 at Credit Slips
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