Civil Procedure | JD Supra Legal News, Updates, Analysis, & Information

Supreme Court Addresses Circuit Split Over Cramdown Plans Precluding Credit Bidding

by Duane Morris LLP on 5/23/2012

In a docket crowded with blockbuster cases this term, the Supreme Court's decision concerning the circuit split over cramdown plans precluding credit bidding by secured lenders may not stoke as much passion or fury as the...more

State Law Update: Mortgage Law Changes in Alabama & West Virginia

by BuckleySandler LLP on 5/23/2012

Alabama Enacts Residential Mortgage Satisfaction Act. On May 3, Alabama enacted Senate Bill 347, which establishes procedures by which a borrower can obtain a payoff statement for a residential mortgage, including the form of...more

Eleventh Circuit Court of Appeals Finds that “Dunning” Notice Enforcing a Security Interest May Give Rise to FDCPA Claim

by BuckleySandler LLP on 5/23/2012

On May 1, the U.S. Court of Appeals for the Eleventh Circuit reversed and remanded a lower court’s dismissal of an FDCPA claim, finding that the contents of a “dunning” notice from the lender’s foreclosing law firm...more

Beware of Debtors Bearing Gifts: Eleventh Circuit Upholds TOUSA Bankruptcy Decision

by Miller Canfield on 5/23/2012

Sleep better at night knowing that the loan you made to your borrower is supported by collateral from the borrower’s subsidiaries? You may want to keep one eye open. On May 15, 2012, the U.S. Court of Appeals for the Eleventh...more

InfoBytes, May 18, 2012 - A Weekly In-depth review of news & developments in the financial services industry.

by BuckleySandler LLP on 5/23/2012

Topics In This Issue: Federal Issues - State Issues - Courts - Miscellany - Firm News - Mortgages - Banking - Consumer Finance - E-Commerce Excerpt from Federal Issues: Federal Prudential Regulators Issue Final...more

MERS Has Power To Assign Interest in Deed of Trust, California Appeals Court Rules

by Ballard Spahr LLP on 5/22/2012

The California Court of Appeal has ruled that the Mortgage Electronic Registration Systems, Inc., or MERS, has the power, as nominee beneficiary, to assign its interest under a deed of trust. In its May 17, 2012, opinion...more

Quinn Emanuel D.C. Litigation in Brief -- Spring 2012

by Quinn Emanuel Urquhart & Sullivan, LLP on 5/22/2012

In This Issue: The Supreme Court Confronts Controversies Overseas, But Will Congress Have the Final Word? Cover; When in Rome...(U.S Law Still Applies): Lessons of Wal-Mart, News Corp. & the Foreign Corrupt Practices...more

Akanthos: Eleventh Circuit Denies Noteholders’ Fraudulent Transfer Claims due to No-Action Clause in Indenture

by Cadwalader, Wickersham & Taft LLP on 5/22/2012

On April 25, 2012, the U.S. Court of Appeals for the Eleventh Circuit overturned a decision by the U.S. District Court for the Northern District of Georgia permitting noteholders to proceed with a fraudulent transfer suit...more

The AFSA proposal on privilege protection: needed fix or political roadblock?

by Ballard Spahr LLP on 5/22/2012

Last week, the American Banker reported that while the legislative “fix” to the CFPB privilege waiver problem is stalled in the Senate, an alternative version of the legislation is being circulated in Congress. This...more

Retiree Benefit System that Disproportionately Benefits Men is Not Necessarily a Violation of Title VII

by Barger & Wolen on 5/21/2012

In Wood v. City of San Diego, Janet Wood brought suit under Title VII of the Civil Rights Act of 1964, alleging the surviving spouse benefit provided by the City of San Diego to retired employees discriminated on the basis of...more

District Court Rejects Argument that Investment Advisers Act Cannot Be Applied Extraterritorially

by Katten Muchin Rosenman LLP on 5/21/2012

The Securities and Exchange Commission brought a complaint against the former Chief Financial Officer of a now defunct investment adviser seeking enforcement of the Investment Advisers Act of 1940 (IAA). The U.S. District...more

Borrower's "Show Me The Note" Argument Fails To Halt Foreclosure

by Sheppard Mullin Richter & Hampton LLP on 5/21/2012

In Debrunner v. Deutsche Bank Nat. Trust Co. (Cal.App. 6 Dist., 2012) --- Cal.Rptr.3d ----, 2012 WL 883128, the California Court of Appeal affirmed the dismissal of a complaint for wrongful foreclosure with prejudice, holding...more

Just When I Thought I Was Out . . . Eleventh Circuit Rules in TOUSA that Refinanced Lenders Can Be “Pulled Back In” and Held...

by Cadwalader, Wickersham & Taft LLP on 5/18/2012

On May 15, 2012, the Eleventh Circuit Court of Appeals upheld a ruling by the U.S. Bankruptcy Court for the Southern District of Florida, which required certain lenders to return $403 million in prepetition payments they had...more

Eleventh Circuit Issues New TOUSA Decision, Upholds Finding That Upstream Guarantees Were Fraudulent Transfers

by Davis Wright Tremaine LLP on 5/17/2012

In a decision with significant implications for borrowers and lenders, on May 15, 2012, the Eleventh Circuit Court of Appeals affirmed a bankruptcy court's findings that upstream guarantees and associated liens delivered by a...more

TOUSA Appeal: 11th Circuit Reinstates Bankruptcy Court’s Fraudulent Transfer Opinion as Against All Defendants

by Bracewell & Giuliani LLP on 5/16/2012

TOUSA involved one of the largest fraudulent transfer litigations in bankruptcy history. The Bankruptcy Court agreed with the Unsecured Creditors’ Committee that both the so-called “New Lenders” and the “Transeastern Lenders”...more

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Civil Procedure – May 23, 2012

Narrowed by: Finance & Banking

Supreme Court Addresses Circuit Split Over Cramdown Plans Precluding Credit Bidding

State Law Update: Mortgage Law Changes in Alabama & West Virginia

Eleventh Circuit Court of Appeals Finds that “Dunning” Notice Enforcing a Security Interest May Give Rise to FDCPA Claim

Beware of Debtors Bearing Gifts: Eleventh Circuit Upholds TOUSA Bankruptcy Decision

InfoBytes, May 18, 2012 - A Weekly In-depth review of news & developments in the financial services industry.

MERS Has Power To Assign Interest in Deed of Trust, California Appeals Court Rules

Quinn Emanuel D.C. Litigation in Brief -- Spring 2012

Akanthos: Eleventh Circuit Denies Noteholders’ Fraudulent Transfer Claims due to No-Action Clause in Indenture

The AFSA proposal on privilege protection: needed fix or political roadblock?

Retiree Benefit System that Disproportionately Benefits Men is Not Necessarily a Violation of Title VII

District Court Rejects Argument that Investment Advisers Act Cannot Be Applied Extraterritorially

Borrower's "Show Me The Note" Argument Fails To Halt Foreclosure

Just When I Thought I Was Out . . . Eleventh Circuit Rules in TOUSA that Refinanced Lenders Can Be “Pulled Back In” and Held...

Eleventh Circuit Issues New TOUSA Decision, Upholds Finding That Upstream Guarantees Were Fraudulent Transfers

TOUSA Appeal: 11th Circuit Reinstates Bankruptcy Court’s Fraudulent Transfer Opinion as Against All Defendants

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