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    • JACKSONVILLE
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Blog

Residential Lending and the Ability to Repay Rule

BlogFebruary 14, 2013
By: Douglas L. Waldorf, Jr. & Sara K. White On January 10, 2013 the Consumer Financial Protection Bureau issued a …
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Forward Contracts for Commodities not Avoidable as Preferential Transfers

BlogFebruary 12, 2013
By: J. Ellsworth Summers, Jr. & Scott St. Amand Because debtors may avoid certain transfers and contracts entered into during …
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Denial of Discretion: Eleventh Circuit Lacks Jurisdiction to Hear Bankruptcy Appeal

BlogFebruary 7, 2013
By: J. Ellsworth Summers, Jr. & Scott St. Amand Even one year removed from the Supreme Court’s decision in Stern …
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Use of FDIC Special Powers: Knowledge by the FDIC or its Assignees is Irrelevant

BlogFebruary 5, 2013
By: Scott J. Kennelly In previous posts, we introduced the protections afforded the FDIC by the D’Oench Doctrine and 12 …
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Use of FDIC Special Powers: The Expanded Scope of the Term “Agreement”

BlogJanuary 31, 2013
By: Scott J. Kennelly In previous posts, we introduced the protections afforded the FDIC by the D’Oench Doctrine and 12 …
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Though not Precedent, McNeal Proves Persuasive in Southern District of Florida

BlogJanuary 24, 2013
By: J. Ellsworth Summers, Jr. & Scott St. Amand Mortgage modification has long been an angst-ridden topic for consumer creditors. …
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Use of FDIC Special Powers: Overview

BlogJanuary 10, 2013
By: Scott J. Kennelly Last month, the Federal Deposit Insurance Corporation reported that 470 financial institutions have failed since 2007. …
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A Troubling Interpretation: Prepetition Foreclosures as Preferential Transfers under § 547

BlogJanuary 8, 2013
By: J. Ellsworth Summers, Jr. & Scott St. Amand As stated in Doug Waldorf’s post below, the concept of property …
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Fair Debt Collection Practices Act (FDCPA): Applicable to Institutions that Acquire Loans from the FDIC?

BlogDecember 28, 2012
By: Scott J. Kennelly & Janet C. Owens In the wake of bank failures, some institutions have acquired failed bank …
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The Extraordinary Remedy of Discharging Third Party Liability in Bankruptcy Proceedings

BlogDecember 21, 2012
By: Scott St. Amand Recently the Fifth Circuit handed down a thorough opinion regarding Chapter 15 cross-border insolvency and its …
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  • 1301 Riverplace Blvd.
    Suite 1500
    Jacksonville, FL 32207
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PONTE VEDRA
AMELIA ISLAND
ST. AUGUSTINE
FT. LAUDERDALE

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