Creditors' Rights, Bankruptcy and Insolvency

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

Posted on April 7, 2025 by Neil E. McCullagh, A. Garrett Kelly

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

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?

Avoiding Bankruptcy Stay Violations: An Update

Posted on February 20, 2024 by Neil E. McCullagh

New UCC Amendments Address Certain Digital Assets

Posted on April 24, 2023 by Neil E. McCullagh, Christopher A. Hurley

The growth in use of digital assets, such as cryptocurrencies and non-fungible tokensgrowth requires changes to the law.

The Landlord’s Lien: An Often-Ignored Pitfall for the Secured Creditor

Posted on November 2, 2022 by Timothy G. Moore

Recent Lawsuits Against Home Mortgage Servicers Focus on Bankruptcy Compliance

Posted on July 27, 2022 by Neil E. McCullagh

Recent Developments: (A) The “Material Adverse Change” Clause (Part II); and (B) Changes to the Small Business Bankruptcy Debt Limit

Posted on April 5, 2022 by Neil E. McCullagh