ABC Under The Common Law: An Out-Of-Court Tool For Liquidating Assets With Efficiency & Credibility—But With Court Assistance Available (First Bank v. Unique Marble)

A tool? (Photo by Marilyn Swanson) By:  Donald L. Swanson An assignment for benefit of creditors (an “ABC”) under the common law is an out-of-court tool for liquidating a business debtor’s assets in an efficient and credible manner.  Such a common law tool has been used, effectively and frequently, for many years in such states... Continue Reading →

Here We Go Again: U.S. Supreme Court Invites Solicitor General’s Views On A Bankruptcy Case In Which U.S. Is Not A Party (Hertz v. Wells Fargo)

By: Donald L Swanson “Jun 02 2025    The Solicitor General is invited to file a brief in this case expressing the views of the United States.” That’s the latest entry by the U.S. Supreme Court on its electronic docket for Case No. 24-1062, The Hertz Corporation, et al v. Wells Fargo Bank, N.A., as Indenture Trustee.... Continue Reading →

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