Since taking office, President Joseph R. Biden has confirmed his commitment to addressing environmental issues. On April 9, 2021, he proposed allocating $14 billion toward initiatives to fight climate change, including large...more
7/2/2021
/ Automatic Stay ,
Bankruptcy Code ,
CERCLA ,
Chapter 11 ,
Chapter 7 ,
Clean-Up Costs ,
Commercial Bankruptcy ,
Environmental Liability ,
Environmental Violations ,
Potentially Responsible Party (PRP) ,
Successor Liability
In a 5-3 decision written by Justice Stephen G. Breyer last week, the Supreme Court of the United States ruled that the Eleventh Circuit erred when it found that Midland Funding, one of the nation’s largest purchasers of...more
In last March’s edition of this newsletter, we discussed the Supreme Court of Georgia’s decision in PNC Bank, National Association v. Smith, in which the Court held that compliance with O.C.G.A. § 44-14-161 “is a condition...more
2/28/2017
/ Banking Sector ,
Banks ,
Consumer Lenders ,
Contract Waiver ,
Financial Institutions ,
Foreclosure ,
GA Supreme Court ,
Guarantors ,
Mortgage Lenders ,
Mortgages ,
PNC ,
Residential Real Estate Market ,
Summary Judgment
In what might be viewed as the last nail in the coffin for Georgia’s confirmation statute, the Georgia Supreme Court’s recent opinion in PNC Bank, National Association v. Smith affirms that a lender may contract around the...more
As you may know by now, many of the Official Forms for use in Bankruptcy Courts were replaced with revised, reformatted and renumbered forms that went into effect on December 1, 2015. The changes were made as part of a forms...more
For the past five years, foreclosing lenders have been bound by a federal law that made it much more difficult to evict non-borrower tenants and occupants of the subject property following a foreclosure sale where the lender...more
As any lender who’s had a loan secured by real property collateral in Georgia knows, in order to pursue a deficiency balance following a non-judicial foreclosure of its collateral, the foreclosure sale has to be “confirmed”...more