Lawful Thoughts®

Focused on Legal Issues Affecting Businesses
of All Shapes and Sizes

Recent Lawsuits Against Home Mortgage Servicers Focus on Bankruptcy Compliance

Posted on by Neil E. McCullagh in Corporate and Business, Creditors' Rights, Bankruptcy and Insolvency

The past year has brought notable court decisions regarding alleged failures by home mortgage servicers to comply with bankruptcy rules and orders. The stakes have been high, with the servicers often ...

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Virginia Pass-Through Entity Tax and Multitier Tax Partnerships

Posted on by Kurt Magette in Corporate and Business

Virginia just enacted a pass-through entity tax (“PTET”), which applies in 2021 through 2025, inclusively. Many commentators have addressed the PTET, and I defer to them for the details. The PTET allo...

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Opportunity Fund Zones: Three Ticking Clocks?

Posted on by Kurt Magette in Commercial Real Estate, Corporate and Business, Tax

On November 7, 2018, I published a blog entitled: “Opportunity Zones: Tax Deferral and Exclusion Beyond Like-Kind Exchanges”. Since then, the Treasury Department has issued over 500 pages of Final Reg...

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Recent Developments: (A) The “Material Adverse Change” Clause (Part II); and (B) Changes to the Small Business Bankruptcy Debt Limit

Posted on by Neil E. McCullagh in Corporate and Business, Creditors' Rights, Bankruptcy and Insolvency, Litigation

RECENT DEVELOPMENTS: (A) THE “MATERIAL ADVERSE CHANGE” CLAUSE (PART II); AND(B) CHANGES TO THE SMALL BUSINESS BANKRUPTCY DEBT LIMIT. Two years ago, as COVID began to take its toll on the economy, ...

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Legal Trailblazers in Honor of Black History Month

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To recognize Black History Month, Spotts Fain will be spotlighting a few of the many Black attorneys who had a significant impact on equal access to justice in the United States. We hope you will join...

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Understanding Virginia’s “Source of Funds” Protections

Posted on by W. Martin Williams in Corporate and Business

Last October, the Virginia Attorney General’s Office filed several lawsuits against various Virginia landlords and property management companies alleging discrimination against renters participating i...

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Federal Appeals Court Shoots Down Loan Guarantor’s Claims of Fraud and Duress

Posted on by Neil E. McCullagh

This month we review a recent federal appeals court decision with important lessons for lenders engaged in commercial loan workouts. A business owner tried to void his personal guaranty of two large b...

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