Creditors' Rights, Bankruptcy and Insolvency
Fourth Circuit: No Bank Liability For Accepting ACH Transfer Unless Actual Knowledge of Account Misdescription
This month we review a critical recent victory for banks and other depository institutions regarding liability for fraudulent account activity.
Continue ReadingCan a Borrower Effectively Waive the Automatic Stay Before Filing Bankruptcy?
Is a borrower’s agreement to waive the automatic stay in a pre-bankruptcy document enforceable; recent developments in the Corporate Transparency Act.
Continue ReadingCan a Lender Have a Nondischargeable Claim Against a Business-Entity Borrower That Files Subchapter V Bankruptcy?
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?
Continue ReadingNew UCC Amendments Address Certain Digital Assets
The growth in use of digital assets, such as cryptocurrencies and non-fungible tokensgrowth requires changes to the law.
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