Nearly four years after the depths of the COVID-19 pandemic, issues concerning the legal consequences of executive and legislative orders shutting down business operations are still working their way through appellate courts...more
12/28/2023
/ Appeals ,
Appellate Courts ,
Attorney's Fees ,
Business Interruption ,
Commercial Leases ,
Coronavirus/COVID-19 ,
Counterclaims ,
Forbearance Agreements ,
Force Majeure Clause ,
Landlords ,
Maryland ,
Moratorium ,
Rent ,
Tenants
The scenario is fairly common. A bank makes a loan to a business. The owners of the business guarantee the loan. The business defaults. The owners blame each other for the failure of the business. When the bank demands...more
In an April 30, 2021 opinion, Maryland highest court, the Court of Appeals, largely reversed a decision of the Court of Special Appeals. The Court of Appeals held that: (a) posting a notice under Section 7-113 of Maryland’s...more
When the loan documents provide for confession of judgment and the collateral encumbered by the mortgage securing the loan is commercial real property, the foreclosure process in Pennsylvania is straightforward. The lender...more
8/25/2020
/ Appeals ,
Attorney's Fees ,
Borrowers ,
Default ,
Foreclosure ,
Lenders ,
Mortgages ,
Notice Requirements ,
PA Supreme Court ,
Reaffirmation ,
Residential Property Owners
Lawyers who represent debtors in bankruptcy cases, supported by rulings from many bankruptcy judges, have long taken the position that creditors with unsecured claims whose agreements with their debtors provide for payment of...more