The Shell Game: Bankrupt Debtor’s Concealment of Pre-Petition Claims BlogSeptember 5, 2013 Part I: The Setup: Treatment of Prepetition Causes of Action in Bankruptcy Proceedings By: J. Ellsworth Summers, Jr. and Scott … Read more
FDIC Loss-Share Agreements: Overview BlogSeptember 3, 2013 By: Scott J. Kennelly & Janet C. Owens Once a bank’s primary regulator has determined to close a bank, the … Read more
Authority to Endorse Note and Mortgage Not Self-Authenticating BlogAugust 29, 2013 (This post is no longer current. The Third Circuit reversed its opinion in Bennett and held that authority is self-authenticating. … Read more
Enforcing a Lost Promissory Note BlogAugust 27, 2013 By: Samantha Alves Orender In Florida, it is well established that the original promissory note must be surrendered to the … Read more
Construction Defects: The Duty To Preserve Evidence Of The Defects BlogAugust 21, 2013 By: Amanda Parker Baggett Stop! Before you make those repairs, there are some things you should consider. Otherwise, you could … Read more
New York Bankruptcy Court Clears Way for McNeal Rehearing BlogAugust 15, 2013 By: J. Ellsworth Summers & Scott St. Amand The long-awaited rehearing of In re McNeal has been given the green … Read more
Are Delay Damages Lienable? BlogAugust 14, 2013 By: Amanda Parker Baggett The old adage “time is money” is truer perhaps in the construction industry than anywhere else. … Read more
Motor City Meltdown: Municipal Bankruptcy in Brief – Chapter 9 Administration in a Nutshell BlogAugust 13, 2013 By: J. Ellsworth Summers, Jr. and Scott St. Amand From March 2012 to March 2013, 76,467 bankruptcy petitions were filed … Read more
Dismissal for Failure to Prosecute: Debtor’s Bankruptcy Appeal Tossed for Delay by Eleventh Circuit BlogAugust 8, 2013 By: Jacob J. Payne and Scott St. Amand As creditors’ counsel, we have often faced debtors who file bankruptcy simply … Read more
Florida’s Construction Lien Act: Who Is a Lienor? BlogAugust 7, 2013 We hear this term, lienor, but it is often misunderstood. One does not have to record a Claim of Lien … Read more