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Update on Section 363 of the Bankruptcy Code and Delaware Bankruptcy Court’s Decision in the Fisker Automotive Holdings Inc. Bankruptcy Case
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Zimmermann: Dewey Charges Send 'Warning' To Struggling Law Firms
What do creditors need to know about litigation in state court and bankruptcy court?
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Getting the best result when you file bankruptcy: don't file with outdated information
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
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
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
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
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
Senate Bill 94 does not prevent an attorney from earning fees for helping consumers with home loan modifications. However, no one can accept fees up front for the work, nor can they place fees in their trust...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
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
View the evidence yourself and decide whether OneWest Bank, FSB has a perfected security interest in the real property belonging to the Debtor in this case. Attorney for the Debtor is now preparing to take this case to...more
Court denies Debtor's Motion for summary judgment despite OneWest Bank's pattern and practice of filing 'questionable' documents with bankruptcy courts all over the country. ...more
Recently, Senior Partner David L. Gibbs of The Gibbs Law Firm, APC was asked by LexisNexis | Martindale-Hubbell to discuss Legal Question & Answer Forums. The interview addresses the benefits of such forums for both consumers...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
Tax season is on us once again and many are thinking about how to make the best use of any tax refund to pay down their obligations. Be aware: scammers are out there and are plotting strategies to separate you from your...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
A recent decision of the Georgia Court of Appeals issued July 12, 2012, provides additional protection to homeowners and others who own real property in Georgia who have a security deed and note with a lender. Foreclosure in...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
Chapter 13 bankruptcy can be the easiest way out of foreclosure and the best chance to save your home....more
A recent HBO documentary details the impact of the "Great Recession" on Long Island residents....more
The Atlanta Journal-Constitution recently reported that, in 2011, the state of Georgia suffered the fourth highest rate of foreclosures in the U.S. Of course, not every default on mortgage payments results in a foreclosure...more
In This Issue:
- White House Mortgage Refinancing Efforts Limited by Banks' Capacity
- CFPB Proposes New Rules to Increase Mortgage Disclosure
- U.S. Lawmakers Urge Strong Legal Protection for Mortgage...more
In a June 28, 2012 Report to Congress, the Consumer Financial Protection Bureau (the CFPB or the Bureau) published its study of reverse mortgage transactions. This study was required by Section 1076 of the Dodd-Frank Wall...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
Changes may be on the horizon allowing debtors to "cram down" or "strip" second mortgages in Chapter 7 Bankruptcy....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
Many experts are claiming that the housing market is on the road to recovery. Is it truly a good time to buy or is further decline imminent?...more
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