Creditors' Rights, Bankruptcy and Insolvency

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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Creditors Take Note: New Bankruptcy Forms Become Effective December 1, 2015

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

Effective December 1, 2015, most existing Official Bankruptcy Forms will be replaced with new forms.
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Banks Face Claw-Back Exposure For Account Overdrafts

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

Two recent cases highlight an unexpected risk that comes with overdrafts and the importance of documenting and following procedures in handling them.
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U.S. Supreme Court Weighs in on Mortgage "Strip-Offs"

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

The US Supreme Court ruled on mortgage "strip-offs."
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James River Coal Files Lawsuits To Recover Alleged "Preference" Payments

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

James River Coal Company filed Chapter 11 bankruptcy in the US Bankruptcy Court for the Eastern District of Virginia on April 7, 2014.
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Clarifying TILA's Extended Right of Rescission: Jesinoski v. Countrywide

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

This article examines the Supreme Court's ruling in Jesinoski v. Countrywide Home Loans, Inc.
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