Read Bankruptcy Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
What is an appeal and how do I know if I should appeal?
Bill on Bankruptcy: Delaware Garners Almost All Big Chapter 11s
Bill on Bankruptcy: Madoff Victims Rooting for Stanford Victory
Bill on Bankruptcy: Listening in the Dark at the NCBJ
Bill on Bankruptcy: Detroit Shows Need for Amending Bankruptcy Law
Dean: Law Schools Use Merit Scholarships To Boost Rankings
Bill on Bankruptcy: Unprecedented Actions by Two District Judges
Bill on Bankruptcy: Sex Doesn't Sell Enough to Avoid Bankruptcy
Municipal Bankruptcies – Interview with Bill Kannel, Member, Mintz Levin
Bill on Bankruptcy: Detroit Judge Might Lose Grip on the Case
Getting the best result when you file bankruptcy: don't file with outdated information
Financial Scams Target Struggling Families: Don't Become the Next Victim
Strategic Vision for Emerging Companies – Interview with Marty Lorenzo, Member, Mintz Levin
Dual Track Auctions for Distressed Companies – Interview with Rich Moche, Member, Mintz Levin
Bill on Bankruptcy: LightSquared, the Battle among Hedge Funds
How to Save Your Chapter 13 Case if Your Spouse Files for Divorce
Bill on Bankruptcy: Appeals Court Changes the Law on Fraud
Can You Appeal A Bankruptcy?
Bill on Bankruptcy: US Airways Need a Merger More than AMR
What is an Irrevocable Trust?
I hired a property management company to aid me in managing a receivership property. A defendant in the case has threatened to sue the management company for action taken at my request. Can the defendant sue the management...more
Creditors should double check the bankruptcy status of a debtor/borrower before pursuing collection. As a pending case illustrates, pursuing collection of an initially reaffirmed, but later discharged mortgage could be a...more
Some good news — finally — when it comes to the housing market in the Atlanta area: If you want to sell your house, now might be the time.
Why? Because median list prices for homes are on the rise....more
On October 28, HUD issued two mortgagee letters related to the servicing of certain FHA-insured loans. Mortgagee Letter 2013-38 provides a list of the first legal actions necessary to initiate a foreclosure and the reasonable...more
On October 15, 2013, the Consumer Financial Protection Bureau (CFPB) issued an interim final rule and bulletin refining and making technical changes to certain provisions of its January 2013 mortgage rules. The interim rule...more
Real estate buyers may hesitate when a seller is in bankruptcy; extra care is often required. One of many possible bankruptcy-related transaction structures arise when a buyer strikes a deal directly with the bankrupt owner...more
As the baby boomers in Georgia and throughout the U.S. enter their 60s and approach their 70s, the idea of a reverse mortgage may seem especially appealing. Whether you apply for a federally insured Home Equity Conversion...more
In foreclosure actions based on assets of a failed bank, borrowers sometimes attempt to discover whether and how much the FDIC has reimbursed the acquiring institution for its loss under the loan....more
The long-awaited rehearing of In re McNeal has been given the green light from an unlikely source – a New York Bankruptcy Court Judge....more
Before the clerk of the court will issue a writ of execution or writ of garnishment on a judgment, the clerk will review the judgment to ensure it is valid and enforceable. ...more
Many companies that file for Chapter 11 bankruptcy protection do not end up in a rapid liquidation. Some, after a successful reorganization period, emerge from the bankruptcy process still viable and financially healthy. ...more
In This Issue:
"Can Bankruptcy Be A Tool To Combat Eminent Domain? Probably Not" and "Finding the Facts Before the Lawsuit Begins: Pre-Complaint Discovery in Pennsylvania"
Excerpt from Can Bankruptcy Be A Tool...more
The Debtor failed to disclose, among other things, the existence of certain real estate interests in his schedules in a Chapter 7 case filed in 1994. The Chapter 7 Trustee objected to discharge for failing to disclose all...more
There are times when governments, attempting to revitalize a downtown area or conduct other operations, need to take private lands to further their purpose. To do so, they may invoke their eminent domain powers....more
On July 3, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit held that a mortgage servicer’s alleged repeated delivery of notices of default and acceleration to borrowers who were current on their...more
I'm often asked if bankruptcy can reduce mortgage payments. The short answer is "No" plus "Maybe". We'll take a look at both parts of that answer....more
Bankruptcy court is often the “court of bad news” for creditors. ...more
As we have discussed in previous posts, if a debtor actively falsifies a financial statement to obtain a loan, such debt is not dischargeable in a subsequent bankruptcy proceeding under § 523(a)(2)(B) of the Bankruptcy Code....more
In this issue:
- CFPB Amends Ability-to-Repay Rule to Ease Standards for Small Creditors
- Assistant Managers Fail to Break the Piggy Bank...For Now
- Federal Agencies Make Changes to Regulation...more
If a taxpayer who has borrowed money from bank defaults on repayment and does not repay the bank, the taxpayer will have cancellation of indebtedness income to the extent that the amount due the lender exceeds the value of...more
This decision is important because of the reasoning, the logic and most importantly the application of New York law. Virtually all the REMIC trusts were common law trusts formed under New York law for a lot of reasons. So...more
If you are looking for a temporary reprieve from your loan obligations, you are probably falling behind on your payments — either because you were prequalified for a loan that is out of your reach or because you have recently...more
If you are considering filing bankruptcy and have assets you are concerned could be liquidated, or you have any related concern, you will want to read this post!
Contact: Attorney George E. Bourguignon, Jr.
A new Illinois law will close a loophole through which some mortgages could be subject to avoidance in bankruptcy. The loophole, created by U.S. Bankruptcy Court’s (C.D. Illinois) 2012 In re Crane opinion, allowed a...more
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