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 … Read more
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 … Read more
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 … Read more
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 … Read more
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 … Read more
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. … Read more
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. … Read more
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 … Read more
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 … Read more
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 … Read more