Creditors' Rights, Bankruptcy and Insolvency

Dealing with the Post-Discharge Debtor

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

A borrower or personal guarantor who has been discharged in a bankruptcy case sometimes wants to extend a loan from the bank.
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Recent Bankruptcy Developments

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

Lenders should be aware of recent court rulings impacting bankruptcy law
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4th Circuit Rejects Bid for Chapter 13 Mortgage Cramdown

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

BankrThe U.S. Court of Appeals for the Fourth Circuit recently issued an important opinion for residential real estate lenders.
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Health Diagnostic Laboratory Trustee Pursues Charities and Others For Alleged Fraudulent Transfers

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

The Liquidating Trustee of Health Diagnostic Laboratory, Inc. and its affiliated debtors in bankruptcy is attempting to recover certain payments...
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Federal Bankruptcy Rule Update: Home Mortgage Lenders’ Duty to Give Notice in Chapter 13 Cases, and Potential HELOC Amendment

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

Home mortgage lenders should be aware that the federal rule governing notices to borrowers in Chapter 13 bankruptcy cases was recently amended.
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U.S. Supreme Court and 4th Circuit Each Rules for Creditors in Recent Notable Opinions

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

This month we report on two very recent court decisions that are noteworthy for creditors.
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Bank With U.C.C. Security Interest In Deposit Account v. Garnishment Creditor: Who Has Priority?

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

In a recent case, however, a federal court ruled that a Garnishment Creditor trumped the bank's security interest in its borrower's deposit account.
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