Corporate and Business

What Home Mortgage Lenders Should Know About Recent Changes to the Rule on Mortgage Servicing in Bankruptcy

Posted on January 26, 2026 by Neil E. McCullagh

Federal Rule of Bankruptcy Procedure 3002.1 (the “Rule”) was amended effective December 1, 2025.  This article shares the details of the amended Rule.

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

Posted on July 22, 2025 by Neil E. McCullagh

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

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

Posted on April 7, 2025 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.

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

Posted on February 20, 2025 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.

Spotts Fain Counsels CEP Solar, LLC on Joint Venture and New Investment from Perennial Power Holdings, Inc.

Posted on October 28, 2024 by Brian T. Chase

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

Posted on October 17, 2024 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?

The Deadline is Here: Is Your Business Required to Register with RetirePath?

Posted on February 5, 2024