Eleventh Circuit Reinstates Controversial Bankruptcy Court Opinion in In re TOUSA by Cadwalader, Wickersham & Taft LLP on 5/16/2012 On May 15, 2012, the U.S. Court of Appeals for the Eleventh Circuit reinstated the controversial 2009 opinion from the U.S. Bankruptcy Court for the Southern District of Florida in In re TOUSA Inc., which allowed the estate...more
Discharging Rent Arrears in Bankruptcy by Frank Pipitone on 5/16/2012 Many people with past due rent arrears find relief through the bankruptcy process. In addition, a bankruptcy filing invokes the automatic stay and could be used as a powerful tool to combat a potential eviction proceeding. ...more
Bankruptcy Court in Illinois Holds that a Mortgage is Avoidable in Bankruptcy if the Mortgage as Recorded Does Not State the... by Reed Smith on 5/16/2012 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
Breaking News: Insurance Coverage for "Hidden" Mechanics' and Materialmen's Lien Claims in North Carolina is Disappearing by Poyner Spruill LLP on 5/14/2012 Even in good economic times, lien claims asserted by subcontractors and material suppliers abound and lead to costly disputes. As in many states, North Carolina’s materialmen’s lien statutes create a system where “hidden” or...more
What should I do if I dispute the amount that I owe to a creditor? by George Bourguignon on 5/4/2012 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
FIVE THINGS BANKS DO NOT WANT YOU TO KNOW ABOUT FORECLOSURES by Drake Shunneson on 4/29/2012 FIVE THINGS BANKS DO NOT WANT YOU TO KNOW ABOUT FORECLOSURES...more
Mortgage Defense and the Law of Restitution by Richard Kessler on 4/24/2012 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
Bankruptcy Remote Financings In Jeopardy After Michigan Appellate Court Decision by Fox Rothschild on 4/18/2012 The proliferation of limited recourse financings popularized in the commercial mortgage backed securities (CMBS) loan market through the financial innovation of loan securitization may be in jeopardy following the decision of...more
Fight Foreclosure with Bankruptcy by Tampa Bay Bankruptcy Center, P.A. on 3/19/2012 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
Allstate Suit Against Citigroup Remanded to State Court by Orrick, Herrington & Sutcliffe LLP on 3/16/2012 On March 13, 2012, Judge Richard J. Sullivan of the Southern District of New York remanded a $200 million RMBS suit against Citigroup to state court. Citigroup asserted federal jurisdiction under the Edge Act, and under the...more
If It Looks Like a Duck, err, a SARE Debtor... by Dechert LLP on 3/16/2012 Recently, the Ninth Circuit Court of Appeals brought smiles to the faces of many lenders (especially Bank of America, the appellee and secured lender) when it refused to combine the assets of related debtors without a...more
InfoBytes Special Alert: Federal and State Officials File Settlement with Nation's Five Largest Mortgage Servicers by BuckleySandler LLP on 3/15/2012 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
New Bankruptcy Proof of Claim Rules Take Effect by Dinsmore & Shohl LLP on 3/14/2012 In the wake of the national attention directed towards residential mortgages in the last few years, certain revisions were made to the Federal Rules of Bankruptcy Procedure to address perceived deficiencies in bankruptcy...more
Attorneys General Complaint on Mortgage Practices by Orrick, Herrington & Sutcliffe LLP on 3/13/2012 On March 12, a complaint was filed in the U.S. district court for the District of Columbia by the DOJ and the attorneys general of 49 states and the District of Columbia against Bank of America, JPMorgan Chase, Wells Fargo,...more
Recent Cases Interpreting Intercreditor Rights by Dechert LLP on 3/8/2012 Recently, several courts have published decisions interpreting the rights granted to mezzanine lenders under intercreditor agreements - I've recently co-authored this Dechert OnPoint detailing the cases. These decisions, in...more