Can I collect my judgment if the other side is appealing?
Bill on Bankruptcy: Big Time Lawyers Pricing Themselves Out
Bill on Bankruptcy: Detroit Falls Short on Good-Faith Test
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Getting the best result when you file bankruptcy: don't file with outdated information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
A new decision in Ash v. North American Title Co. holds that (1) contract damages based upon a bankruptcy were not foreseeable, and (2) an escrow holder was entitled to a jury instruction as to intervening or superceding...more
In 2013, Washington courts issued several decisions impacting the way banks, loan servicing companies, foreclosure trustees and other industry participants must approach claims arising out of nonjudicial foreclosure...more
Landlords' set to obtain "full value" as a result of re-statement of ancient equitable principle -
Pillar Denton Limited and others v Jervis and others -
In a ruling relating to the stricken...more
Under §362(c)(3)(A), when a debtor files a second bankruptcy case within one year after the first case, the automatic stay in the second case will automatically terminate “with respect to the debtor” on the 30th day of the...more
On June 6, 2011 the United States Court of Appeals, Ninth Circuit issued a fairly innocuous, unpublished opinion, rendered without oral argument, against an appellant appearing pro se in a bankruptcy matter. The Order...more
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
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
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
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
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.
Three bankruptcy courts within the Eleventh Circuit have recently issued opinions in which they have reluctantly allowed the debtor to entirely strip off the interests held by junior lienholders when the value of the real...more
Debtor's counsel successfully defeated this summary judgment motion brought forth by Bank of America, N.A. and a successive motion in this case. A pretrial conference is scheduled for May 23, 2013.
The findings of fact...more
Again, the Florida legislature is considering improvident foreclosure legislation, HB 0087, which will impair the rights of homeowners and provide banks with new rights to accelerate their rapid foreclosure of homes...more
In a pro-debtor opinion released on February 26, 2013, the Fifth Circuit Court of Appeals held that a debtor may “artificial impair” claims in a class to obtain an impaired and accepting class of claims as required by section...more
Mortgage modification has long been an angst-ridden topic for consumer creditors. The issue once again rose to the forefront in May of 2012, when the Eleventh Circuit issued the unpublished opinion of In re McNeal, wherein...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
In this December 2012 Issue:
- Second Circuit Decisions
- Connecticut Bankruptcy Court Decisions
The Second Circuit tackles the criminal exception to the automatic stay, administrative rent claims under a...more
In what may be a first for a North Carolina appellate court, the North Carolina Court of Appeals has reversed the entry of summary judgment for a lender on a borrower’s breach of fiduciary claim. In Dallaire v. Bank 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 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
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