Supreme Court Clarifies Stern v. Marshall
By: J. Ellsworth Summers and Scott St. Amand Not even Nostradamus could have predicted the profound effect that former Playmate …
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FIRREA Protects Purchasing Banks Against Some Claims Disguised as Affirmative Defenses
By Scott J. Kennelly and Adam B. Brandon As previously discussed on this blog, the Financial Institutions Reform, Recovery, and …
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Detroit Bankruptcy: The Next Step in the Grand Bargain
By: J. Ellsworth Summers and Scott St. Amand On Tuesday, June 2, 2014, the Michigan state senate passed a number …
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A Grand Bargain? Detroit Defends Restructuring Plan
By J. Ellsworth Summers, Jr. and Scott St. Amand Over the Memorial Day weekend, while many around the country were …
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The Business Records Exception to the Hearsay Rule
By: Samantha Alves Orender and M. Scott Thomas When a bank assigns a mortgage to another bank, the assignor typically …
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Applicability of the Automatic Stay to Serial Chapter 13 Petition Filers
By: Armando Nozzolillo and Michael S. Waskiewicz Ordinarily, when a debtor files a chapter 13 bankruptcy petition, the automatic stay …
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Settling Pre-Petition Claims During a Pending Bankruptcy Proceeding
By: J. Ellsworth Summers and Scott St. Amand As we have discussed in previous posts, when a plaintiff or defendant …
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A Potential Defense for Purchasing Banks Against Lender Liability Claims Based on the Actions of a Failed Bank
By: Adam B. Brandon Previous posts discussed how the Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”) creates a mandatory …
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Authorized Signors of Loan Documents
By: Douglas L. Waldorf, Jr. One of the threshold issues to consider in loan transactions is determining who is authorized …
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Jurisdiction After Settlement Agreements
By: Scott J. Kennelly and Jacy Owens In the midst of litigation, the lender and the borrower often reach a …
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