A Grand Bargain? Detroit Defends Restructuring Plan BlogJune 3, 2014 By J. Ellsworth Summers, Jr. and Scott St. Amand Over the Memorial Day weekend, while many around the country were … Read more
The Business Records Exception to the Hearsay Rule BlogMay 23, 2014 By: Samantha Alves Orender and M. Scott Thomas When a bank assigns a mortgage to another bank, the assignor typically … Read more
Applicability of the Automatic Stay to Serial Chapter 13 Petition Filers BlogMay 20, 2014 By: Armando Nozzolillo and Michael S. Waskiewicz Ordinarily, when a debtor files a chapter 13 bankruptcy petition, the automatic stay … Read more
Settling Pre-Petition Claims During a Pending Bankruptcy Proceeding BlogMay 15, 2014 By: J. Ellsworth Summers and Scott St. Amand As we have discussed in previous posts, when a plaintiff or defendant … Read more
A Potential Defense for Purchasing Banks Against Lender Liability Claims Based on the Actions of a Failed Bank BlogMay 13, 2014 By: Adam B. Brandon Previous posts discussed how the Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”) creates a mandatory … Read more
Authorized Signors of Loan Documents BlogMay 8, 2014 By: Douglas L. Waldorf, Jr. One of the threshold issues to consider in loan transactions is determining who is authorized … Read more
Jurisdiction After Settlement Agreements BlogMay 6, 2014 By: Scott J. Kennelly and Jacy Owens In the midst of litigation, the lender and the borrower often reach a … Read more
Effect of Automatic Stay in Quasi-Criminal Proceedings BlogMay 1, 2014 By: J. Ellsworth Summers and Scott St. Amand The automatic stay of § 362(a) of the Bankruptcy Code is one … Read more
Guarantors Remain Liable Under Renewed Promissory Note, Even Absent Notice or Consent, Where the Modifications Are Not Adverse To the Guarantors’ Interests BlogApril 29, 2014 By: E. Carson Lange and Gabriel Crafton In a prior post , we discussed a grantor’s continuing liability under a … Read more
Plaintiff Has the Burden To Prove Its Right to Enforce the Note Even If It Is Not Challenged By the Defendant In Its Pleadings BlogApril 22, 2014 By: Douglas L. Waldorf, Jr. The legal right to enforce, by judicial proceeding, a promissory note and mortgage is referred … Read more