Eleventh Circuit Holds Replacement Value – Applies to Surrender of Collateral in Chapter 13 Plan
By: J. Ellsworth Summers, Jr. & Armando Nozzolillo On March 27, 2014, the Eleventh Circuit (the “Court”) issued a ruling, …
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Claims Against Failed Banks Must Go Through the FDIC’s Administrative Claims Process
By: Scott J. Kennelly & Adam B. Brandon As described in a previous post , the Financial Institutions Reform, Recovery, …
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The FDIC’s Administrative Claims Process for Failed Banks
By: Scott J. Kennelly & Adam B. Brandon Enacted by Congress after the Savings and Loan Crisis of the 1980s, …
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An Exception to the Fair Market Value Rule: Use the Foreclosure Sales Price for a Deficiency after a Third Party Purchaser
By: Samantha Orender & M. Scott Thomas If the value of a foreclosed property is less than the loan amount, …
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Guarantors Are Liable For Renewal Promissory Notes Executed Without Notice or Consent Even After Revoking Guaranty
By: E. Carson Lange & Gabriel Crafton Promissory notes are often renewed and extended without the express written consent of, …
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Recent Decision Caps Secured Creditor’s Credit Bid in §363 Sale to Purchase Price of Acquired Debt
By: J. Ellsworth Summers, Jr. & Armando Nozzolillo It is well-settled that secured creditors are ordinarily entitled to credit bid …
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The Spoliation of Text Messages
By: Gabriel Crafton & Scott St. Amand In the era of Twitter and Instagram, it should come as no surprise …
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Detroit Bankruptcy Update: Plan of Adjustment Filed, Trial Set
By: Scott St. Amand Under the Chapter 9 Plan of Adjustment filed on Friday of last week, Detroit Emergency Manager …
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Paying Attorney’s Fees Not Reason to File Chapter 13
By: J. Ellsworth Summers, Jr. & Scott St. Amand Of the three most common chapters of the Bankruptcy Code, Chapter …
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Satisfaction of Judgments
By: Scott J. Kennelly & Jacy C. Owens In previous posts, we have given an overview of judgment liens , …
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