Creditors' Rights, Bankruptcy and Insolvency
Recent Lawsuits Against Home Mortgage Servicers Focus on Bankruptcy Compliance
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 ...
Continue ReadingRecent Developments: (A) The “Material Adverse Change” Clause (Part II); and (B) Changes to the Small Business Bankruptcy Debt Limit
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, ...
Continue ReadingNew Virginia Laws Of Which Creditors Should Be Aware
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...
Continue ReadingRecent Developments Affecting Lenders
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...
Continue ReadingThe Small Business Reorganization Act and Subchapter V Bankruptcy
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...
Continue ReadingRecent Developments Affecting Lenders
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...
Continue ReadingInteragency Statement on Loan Modifications for Customers Impacted by COVID-19
An interagency statement was issued regarding loan modifications and reporting by financial institutions working with customers affected by COVID-19.
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