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Appeals › Reversal › Consumer Bankruptcy

Bradley Arant Boult Cummings LLP

Tennessee Supreme Court Clarifies Standing Law and Eliminates Wrongful Foreclosure as a Cause of Action in a Big Win for Mortgage...

Bradley Arant Boult Cummings LLP on

Bradley scored a significant victory in the Tennessee Supreme Court on November 14, 2024. In a long-awaited decision, the Tennessee Supreme Court clarified a long-standing inconsistency in Tennessee law with its opinion in...more

Miller Canfield

Will the Real Party in Interest Please Stand Up?

Miller Canfield on

In Michigan, the general rule is that only a real party in interest may initiate a lawsuit. MCR 2.201(B). Although it is usually easy to identify the proper party (or parties), it becomes harder if a would-be plaintiff files...more

Bradley Arant Boult Cummings LLP

First Circuit Holds that Parents’ Tuition Payments for Adult Children Are Fraudulent Transfers

Bradley Arant Boult Cummings LLP on

Recently, the First Circuit held that a parent’s tuition payments on behalf of an adult child do not benefit the parent’s bankruptcy estate, and a Chapter 7 trustee may therefore claw the payments back as fraudulent...more

Rosenberg Martin Greenberg LLP

In re: Muhs “Willful and Malicious” Does Not Mean “Willful and Malicious”

Rosenberg Martin Greenberg LLP on

In In re Muhs, the United States Court of Appeals for the Fourth Circuit was called upon to decide whether “the meaning of ‘willful and malicious’ under Alaska law is identical to the meaning of ‘willful and malicious’ under...more

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