The FDIC’s Administrative Claims Process for Failed Banks BlogMarch 27, 2014 By: Scott J. Kennelly & Adam B. Brandon Enacted by Congress after the Savings and Loan Crisis of the 1980s, … Read more
An Exception to the Fair Market Value Rule: Use the Foreclosure Sales Price for a Deficiency after a Third Party Purchaser BlogMarch 25, 2014 By: Samantha Orender & M. Scott Thomas If the value of a foreclosed property is less than the loan amount, … Read more
Guarantors Are Liable For Renewal Promissory Notes Executed Without Notice or Consent Even After Revoking Guaranty BlogMarch 18, 2014 By: E. Carson Lange & Gabriel Crafton Promissory notes are often renewed and extended without the express written consent of, … Read more
Recent Decision Caps Secured Creditor’s Credit Bid in §363 Sale to Purchase Price of Acquired Debt BlogMarch 11, 2014 By: J. Ellsworth Summers, Jr. & Armando Nozzolillo It is well-settled that secured creditors are ordinarily entitled to credit bid … Read more
The Spoliation of Text Messages BlogFebruary 27, 2014 By: Gabriel Crafton & Scott St. Amand In the era of Twitter and Instagram, it should come as no surprise … Read more
Detroit Bankruptcy Update: Plan of Adjustment Filed, Trial Set BlogFebruary 27, 2014 By: Scott St. Amand Under the Chapter 9 Plan of Adjustment filed on Friday of last week, Detroit Emergency Manager … Read more
Paying Attorney’s Fees Not Reason to File Chapter 13 BlogFebruary 18, 2014 By: J. Ellsworth Summers, Jr. & Scott St. Amand Of the three most common chapters of the Bankruptcy Code, Chapter … Read more
Satisfaction of Judgments BlogFebruary 13, 2014 By: Scott J. Kennelly & Jacy C. Owens In previous posts, we have given an overview of judgment liens , … Read more
Caveat Debtor: Disgorging Inheritance in Chapter 13 Cases BlogFebruary 11, 2014 By: J. Ellsworth Summers, Jr. and Scott St. Amand A recent case out of the 9 th Circuit, In re … Read more
Dirt-for-Debt Buries Creditor with Risk and Uncertainty BlogFebruary 6, 2014 By: J. Ellsworth Summers, Jr. & Armando Nozzolillo In order to confirm a chapter 11 plan of reorganization, a debtor … Read more