Documenting a Borrower’s Intent to Apply for Joint Credit under the Equal Credit Opportunity Act BlogJuly 3, 2014 By: Samantha Alves Orender The Equal Credit Opportunity Act (“ECOA”) was signed into law by Congress in 1974. This law … Read more
Eleventh Circuit Rules Post-Confirmation Settlement Proceeds are Property of Chapter 13 Estate BlogJuly 1, 2014 By: Armando Nozzolillo and Mike Waskiewicz A recent case out of the Eleventh Circuit Court of Appeals (the “Court”) concluded … Read more
Eleventh Circuit Doubles Down on Lien Stripping BlogJune 27, 2014 By: J. Ellsworth Summers and Scott St. Amand When the Fourth Circuit handed down its opinion in the case of … Read more
Discharge and the Unscheduled Debt: Discharge Requires Due Process BlogJune 27, 2014 By: J. Ellsworth Summers, Jr. & Scott St. Amand Often referred to as the “holy grail” of bankruptcy law, a … Read more
Thoughts On Mortgagee Title Insurance Policies BlogJune 26, 2014 By: Douglas L. Waldorf, Jr. Banks are, once again, making real estate secured loans in Florida. Those in the industry … Read more
A Lesson on What Not to do in a § 363 Auction BlogJune 20, 2014 By: J. Ellsworth Summers and Scott St. Amand For numerous corporate Chapter 11 debtors, the sale of some or all … Read more
Recent Cases Support Foreclosing Lenders against Challenges to Standing BlogJune 18, 2014 By: Heather S. Nason The Florida Second District Court of Appeals recently ruled on yet another challenge to a note … Read more
Supreme Court Clarifies Stern v. Marshall BlogJune 12, 2014 By: J. Ellsworth Summers and Scott St. Amand Not even Nostradamus could have predicted the profound effect that former Playmate … Read more
FIRREA Protects Purchasing Banks Against Some Claims Disguised as Affirmative Defenses BlogJune 10, 2014 By Scott J. Kennelly and Adam B. Brandon As previously discussed on this blog, the Financial Institutions Reform, Recovery, and … Read more
Detroit Bankruptcy: The Next Step in the Grand Bargain BlogJune 5, 2014 By: J. Ellsworth Summers and Scott St. Amand On Tuesday, June 2, 2014, the Michigan state senate passed a number … Read more