Creditors' Rights, Bankruptcy and Insolvency

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.

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