Creditors' Rights, Bankruptcy and Insolvency

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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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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New Virginia Laws Of Which Creditors Should Be Aware

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

Earlier this year, we highlighted Virginia’s recent changes to the required notice for a foreclosure on owner-occupied residential real estate. That article can be found here. In this article, we high...

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Recent Developments Affecting Lenders

Posted on by Neil E. McCullagh, Karl A. Moses, Jr. in Creditors' Rights, Bankruptcy and Insolvency

This month we (a) detail upcoming changes to the required notice for a foreclosure on owner-occupied residential real estate, (b) discuss the U.S. Supreme Court’s recent decision that a creditor did n...

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The Small Business Reorganization Act and Subchapter V Bankruptcy

Posted on by Neil E. McCullagh, Christopher A. Hurley in Creditors' Rights, Bankruptcy and Insolvency

The Small Business Reorganization Act of 2019 (the “SBRA”) became effective on February 19, 2020, and is aimed at giving small business debtors a simpler and less costly avenue to successful reorganiz...

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Recent Developments Affecting Lenders

Posted on by Neil E. McCullagh, Kasey L. Hoare in Creditors' Rights, Bankruptcy and Insolvency

This month we (a) highlight an emerging split among the courts regarding the eligibility of companies in bankruptcy to receive loans under the Paycheck Protection Program, (b) review some recent bankr...

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Interagency Statement on Loan Modifications for Customers Impacted by COVID-19

Posted on by Karl A. Moses, Jr. in Creditors' Rights, Bankruptcy and Insolvency, Finance

An interagency statement was issued regarding loan modifications and reporting by financial institutions working with customers affected by COVID-19.

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