Read Bankruptcy Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Bill on Bankruptcy: Trustees Sleep Easy after High Court Ruling
Bill on Bankruptcy: Lehman Test Case on Judicial Nullification
Cohen: Cyprus Is Not A Template For Future Restructurings
Bill on Bankruptcy: Kodak Plan Bumps the Debt, Craters Stock
Deloitte: Turnarounds and Democracy Don't Mix
Bill on Bankruptcy: Lawyers Easily Make Simple Words Complicated
Bill on Bankruptcy: Easterbrook Turns the Tide on Student Loans
Bill on Bankruptcy: Stockton May Win the Battle, Lose the War
NFA Chairman Chris Hehmeyer Talks Bankruptcy Reform
Buchheit: Cyprus Could Need a Second Bailout
Bill on Bankruptcy: Sigmund Freud, Marx Brothers, Bernie Madoff
Bill on Bankruptcy: Why is Kodak's Stock Soaring?
Smolinsky Sees Similarities Between Reader's Digest, Kodak
Bill on Bankruptcy: How Purchasers of AMR Stock Made a Killing
Bankruptcy and Insolvency. It's not as bad as you think!
Bill on Bankruptcy: Secret Madoff Agreement May Harm Victims
Consultant: More Big Law Firms Will "Implode"
Weekly Brief: Courthouse Violence on the Rise
Bill on Bankruptcy: Rakoff Reverses Himself in Madoff Case
A Better 2012 for BigLaw (With Big Asterisks)
In Branch Banking and Trust Company v. TCI Luna Ventures, LLC, BB&T appealed a temporary injunction order prohibiting it from foreclosing on two properties owned by TCI Luna. No. 05-12-00653-CV, 2013 Tex. App. LEXIS 1745...more
On March 22, 2013, the Maryland Court of Appeals clarified the meaning of an "endorsement in blank" on mortgage notes, saying that physical transfer without additional endorsement stamps gives the loan servicer standing to...more
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
MICHEAL L. JONES
WELLS FARGO BANK
Before the Court is Appellant Wells Fargo Bank, N.A.'s Appeal
from a decision of the United States...more
ORDER DENYING WELLS FARGO’S MOTION TO VACATE AUTOMATIC STAY
AND PARTIALLY GRANTING RELIEF SOUGHT IN OBJECTIONS THERETO
Upon the motion, dated January 24, 2012 (the “Motion”), of Wells Fargo Bank, N.A.
(“Wells Fargo”) to...more
Under Illinois law, a judgment of foreclosure does not end a mortgage foreclosure case; it remains modifiable by the trial court and is strictly interlocutory. After such a judgment is entered, the property is sold once...more
As discussed in the McNeal posts below, junior mortgage holders are increasingly finding that their mortgages are worth less than the paper they were printed on. Especially troubling to lenders, are conflicting decisions that...more
In short, YES. Filing a bankruptcy, whether it be Chapter 7 or Chapter 13, will stop the foreclosure process. However, filing a Chapter 7 bankruptcy may not stop the process permanently. When a Chapter 7 bankruptcy is filed,...more
Good news for some struggling Georgia homeowners who have been "hit the hardest" by the economy. A program to "prevent foreclosures" has been launched by the State of Georgia, Department of Community Affairs under the name...more
On September 26, 2012, we notified you about the proposed rules promulgated by the Bureau of Consumer Financial Protection (Bureau) to amend Regulation X, which implements the Real Estate Settlement Procedures Act (RESPA)...more
On July 17, Judge Denise Cote of the United States District Court for the Southern District of New York ruled that the Federal Housing Finance Agency (“FHFA”) can pursue certain RMBS-related claims against affiliates of...more
Prior to the real estate market crash in 2008, homeowners routinely borrowed against the equity in their homes, in turn, granting lenders second or even third mortgages. However, once the market crashed, their equity...more
If you are faced with an eviction notice from your landlord for not paying your rent, could you file a bankruptcy petition and repay your debt through bankruptcy? If it was before 2005, it was legally possible. But post-2005...more
If you are a Massachusetts resident that faces foreclosure or may be facing foreclosure in the future, you sure want to read this post.
Contact: George E. Bourguignon, Jr.
Phone: (508) 769-1359 or (413)...more
This is a copy of the long-awaited, important Massachusetts decision concerning foreclosures in Massachusetts titled Eaton v. Federal National Mortgage Association. It was issued 22 June 2012 and makes a substantive change...more
In This Presentation:
- Non-residential Real Property Leases as Part of the Bankruptcy Estate
- A Debtor-Tenant’s Obligations and a Landlord’s Protections Under §365(d)(3)
- "Obligations" Arising From and Under the...more
On May 29, 2012, in RadLAX Gateway Hotel, LLC v. Amalgamated Bank, the United States Supreme Court unanimously held that a debtor may not confirm a chapter 11 plan of reorganization providing for the “free and clear” sale of...more
May a Chapter 11 plan permit a debtor to auction property free and clear of a creditor’s lien while preventing that creditor from credit-bidding the amount of its debt? A question that split the U.S. Circuit Courts was...more
In my previous article, I wrote about what to do if your landlord files for bankruptcy protection. Today, I will write about the shoe being on the other foot. What if you as the tenant files for bankruptcy? The most common...more
In a decision that potentially has serious implications for mortgage financing transactions in Illinois, the Bankruptcy Court for the Central District of Illinois recently held that a mortgage is avoidable in bankruptcy if it...more
If you believe that a creditor is collecting an amount that is wrong or for a debt that is not owed by you, then you want to read this post and find out one new tool available for Massachusetts consumers.
Contact: George E....more
Wanton and willful financial misconduct in the origination, securitization, servicing and foreclosure of a mortgage debt will not bar collection and enforcement of the debt. Notwithstanding the creditor’s misconduct, the...more
United States Bankruptcy Court Eastern District of Louisiana in re: Michael L. Jones v Wells Fargo Home mortgage.
The Court finds that a punitive damage award of $3,171,154.00 million is warranted to deter Wells Fargo...more
Here’s a fact that few people realize – Bankruptcy is your friend. Seriously. Bankruptcy is your right under the law. The bankruptcy code gives you the option of filing for bankruptcy protection and have your debts...more
On March 12, 2012, Federal and state officials filed documents in the United States District Court for the District of Columbia formalizing a previously announced settlement (the Settlement) of various government probes into...more
A lender holding $1 Million lien on bankrupt's real property sued for lien priority over approximately $200,000 in IRS liens attaching to the same property. The parties filed cross-motions for summary judgment, based on very...more
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