News & Analysis as of

Negligence › Bank of New York (BNY) Mellon

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending May 29 & June 3, 2016

Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Bankruptcy Stay: because borrower’s notice of appeal was filed during pendency of bankruptcy stay it was a nullity, and appellate court lacked jurisdiction to consider appeal –Hewett v....more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending May 13 & May 20, 2016

Carlton Fields on

REAL PROPERTY UPDATE - Contracts/Personal Liability: official title of “President” underneath signor’s signature on contract did not shield individual from personal liability because contract language reflected...more

Foley & Lardner LLP

In re Sentinel Management: The Seventh Circuit Considers Equitable Subordination

Foley & Lardner LLP on

Equitable subordination in bankruptcy can be a powerful tool, providing a court with considerable latitude to set things right insofar as the estates of the penniless and the rights of their creditors are concerned. But...more

Orrick - Finance 20/20

RMBS Trustee Wins Partial Dismissal of Investor Claims

Orrick - Finance 20/20 on

On September 29, 2015, Judge Valerie Caproni of the United States District Court for the Southern District of New York partially granted RMBS trustee Bank of New York Mellon’s (“BNYM”) motion to dismiss claims brought by...more

Orrick - Finance 20/20

RMBS Contract Claims Against Trustee Dismissed in Part

Orrick - Finance 20/20 on

On October 2, 2015, Justice Saliann Scarpulla of the New York Supreme Court issued an Opinion and Order partially granting Bank of New York Mellon’s (“BNYM”) Motion to Dismiss an RMBS action brought by Commerce Bank and other...more

Obermayer Rebmann Maxwell & Hippel LLP

The Third Circuit Affirms the Denial of Third-Party Releases for Lack of Adequate Disclosure

Obermayer Rebmann Maxwell & Hippel LLP on

The Third Circuit Court of Appeals recently affirmed the decisions of the District and Bankruptcy Court denying, for reasons of inadequate disclosure, the approval of a third-party release provision in the Chapter 11 plan of...more

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