Though not Precedent, McNeal Proves Persuasive in Southern District of Florida
By: J. Ellsworth Summers, Jr. & Scott St. Amand Mortgage modification has long been an angst-ridden topic for consumer creditors. …
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Use of FDIC Special Powers: Overview
By: Scott J. Kennelly Last month, the Federal Deposit Insurance Corporation reported that 470 financial institutions have failed since 2007. …
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A Troubling Interpretation: Prepetition Foreclosures as Preferential Transfers under § 547
By: J. Ellsworth Summers, Jr. & Scott St. Amand As stated in Doug Waldorf’s post below, the concept of property …
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Fair Debt Collection Practices Act (FDCPA): Applicable to Institutions that Acquire Loans from the FDIC?
By: Scott J. Kennelly & Janet C. Owens In the wake of bank failures, some institutions have acquired failed bank …
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The Extraordinary Remedy of Discharging Third Party Liability in Bankruptcy Proceedings
By: Scott St. Amand Recently the Fifth Circuit handed down a thorough opinion regarding Chapter 15 cross-border insolvency and its …
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Using Contempt Power to Force Repatriation of Offshore Trust Assets
By: Jacob J. Payne Offshore asset protection trusts (OAPT) typically have the following characteristics: (1) the trust is governed by …
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Formal Objection to Confirmation not Necessary to Appeal “Absolute Priority” Violation
By: J. Ellsworth Summers, Jr. & Scott St. Amand Cramdown. The very word makes the hair on the back of …
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Rogers Towers Attorney Appointed as New Circuit Judge
JACKSONVILLE, Fla. (December 10, 2012) – Rogers Towers shareholder, Tatiana R. Salvador, has been appointed a 4 th Circuit Court …
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What Lenders Need to Know About “Equitable Mootness” in Appealing a Confirmed Chapter 11 Plan
By: J. Ellsworth Summers, Jr. & Scott St. Amand As many lenders have learned the hard way, an appeal of …
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Recent Changes to Florida’s Wage Garnishment Exemption Update
By: Mark S. Mitchell Recently, the Florida Legislature amended F.S. § 222.11, the statutory exemption of an individual’s earnings from …
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