“Saving Everything” No Defense to Spoliation Argument BlogJanuary 17, 2014 By: J. Ellsworth Summers, Jr. & Scott St. Amand As we discussed in our previous spoliation post , parties are … Read more
The Status of Florida Foreclosures in 2014 BlogJanuary 15, 2014 By: Douglas L. Waldorf, Jr. Recently, The Wall Street Journal published an editorial discussing the status of mortgage foreclosure litigation. … Read more
Caveat Charities: Disgorging Donations as Fraudulent Transfers BlogJanuary 14, 2014 By Jacob J. Payne & Scott St. Amand The Bankruptcy Code permits a trustee to avoid transfers of property that … Read more
Litigation Hold Extends to Third Party Independent Agents BlogJanuary 8, 2014 By: M. Scott Thomas & Scott St. Amand Insurance and financial institutions understand the importance of data preservation, but from … Read more
Status as a Debtor not Enough to Confer Appellate Standing BlogDecember 26, 2013 By: J. Ellsworth Summers, Jr. & Scott St. Amand “Standing” is a legal term of art that refers to a … Read more
Detroit Bankruptcy Update: Direct Appeal to Sixth Circuit Permitted BlogDecember 17, 2013 By: J. Ellsworth Summers, Jr. & Scott St. Amand Yesterday Bankruptcy Judge Steven Rhodes ruled that the appeals to his … Read more
Collecting Deficiency on Wholly-Unsecured Nonrecourse Loan (in Chapter 11) BlogDecember 17, 2013 By: Jacob J. Payne & Scott St. Amand Some of you who read the title of this post may have … Read more
The Absolute Priority Rule in Individual Chapter 11 Bankruptcy Cases lives on … for now BlogDecember 12, 2013 By: J. Ellsworth Summers, Jr. & Armando Nozzolillo The principle behind the absolute priority rule is simple: unsecured creditors should … Read more
Standing qua Mortgagee: Challenging the Assignment of a Mortgage in Federal Court BlogDecember 10, 2013 By: Gabriel Crafton Mortgages are big business. When mortgages are assigned, however, the mortgagor often is a non-party to the … Read more
Detroit Judge Clears Way for Largest Municipal Bankruptcy in Country’s History BlogDecember 9, 2013 By: J. Ellsworth Summers, Jr. & Scott At. Amand The oral summary of Bankruptcy Judge Steven Rhodes’s opinion lasted roughly … Read more