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Spotts Fain

Corporate and Business

Fourth Circuit: No Bank Liability For Accepting ACH Transfer Unless Actual Knowledge of Account Misdescription

Posted on by Neil E. McCullagh

This month we review a critical recent victory for banks and other depository institutions regarding liability for fraudulent account activity. 

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Can a Borrower Effectively Waive the Automatic Stay Before Filing Bankruptcy?

Posted on by Neil E. McCullagh

Is a borrower’s agreement to waive the automatic stay in a pre-bankruptcy document enforceable; recent developments in the Corporate Transparency Act.

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Important Legal Update: Corporate Transparency Act- Reporting Requirements Back in Effect with Deadline of March 21, 2025

Posted on by J. Thomas O'Brien, Jr., Edward B. Lumpkin

The Corporate Transparency Act (“CTA”) and its beneficial ownership information (“BOI”) reporting requirements are back in effect.

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Can a Lender Have a Nondischargeable Claim Against a Business-Entity Borrower That Files Subchapter V Bankruptcy?

Posted on by Neil E. McCullagh

Let's review: Can a claim against a borrower that is a business entity be declared nondischargeable in the borrower’s Subchapter V bankruptcy case?

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