Jennifer L. Saffer – J.L. Saffer, P.C.

FDIC as receiver for WAMU v. KILLINGER

FDIC Sues Former WAMU Officers & their Wives too.

FDIC (SELECTIVELY) AGGRESSIVE: SUES FORMER OFFICERS OF WAMU FOR GROSS NEGLIGENCE, NEGLIGENCE, BREACH OF FIDUCIARY DUTY, FRAUDULENT CONVEYANCE AND INJUNCTIVE RELIEF; WIVES SUED AS WELL IN CONNECTION WITH ALLEGED FRAUDULENT…more
| Bankruptcy, Finance & Banking, Consumer Protection, Business Torts
DISH Network Corp. v. DBSD North America, Inc., Sprint Nextel Corp. v. DBSD North America, Inc

Read the Second Circuit's Opinion

An important opinion for all commercial litigators across the country.And a good read for transactional folks as well…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Business Torts
U.S. ex rel., Kolbeck v. Point Blank Solutions, Inc.

Va. District Court holds that a qui tam action in which the government does not participate doesn't fall under the "police powers" exception to the Bankruptcy Code's automatic stay provision.

The District Court holds that because the government declined to "intervene" in the action brought by the qui tam realtor's and thus the action was not "conducted by the Government", see 31 USC 3730, the "police powers…more
| Administrative Law, Bankruptcy, Civil Procedure, Civil Remedies
In RE AGRED

". . . IN ALL FUTURE CASES WHICH INVOLVE MERS, THE MOVING PARTY [SEEKING STAY RELIEF] MUST SHOW THAT IT VALIDLY HOLDS BOTH THE MORTGAGE AND THE UNDERLYING NOTE . . .TO PROVE STANDING. . . "

The US BANKRUPTCY COURT FOR THE EASTERN DISTRICT O NEW YORK HAS HELD THAT WHILE NOT APPLICABLE TO THE INSTANT CASE BECAUSE OF ROOKER-FELDMAN AND RES JUDICATA, ". . . IN ALL FUTURE CASES WHICH INVOLVE MERS, THE MOVING PARTY…more
| Bankruptcy, Finance & Banking, Real Estate - Residential, Real Estate - Commercial
In re DBSD, et al.

"Gifting," & The Absolute Priority Rule Standing, and Designation--Is Cert. on the Horizon?

You can't "gift" via a plan, says the Second Circuit, but can you do it outside the plan? Some jurisdictions say yes, some no, and some just don't seem to be sure…more
| Bankruptcy, Commercial Law & Contracts
FINRA UPDATE

FINRA REVISES SANCTION GUIDELINES

FINRA REVISES SANCTION GUIDELINES-EFFECTIVE NOW!…more
| Civil Remedies, Securities Law, Business Torts
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