Creditors' Rights, Bankruptcy and Insolvency
Dealing with the Post-Discharge Debtor
A borrower or personal guarantor who has been discharged in a bankruptcy case sometimes wants to extend a loan from the bank.
Continue ReadingRecent Bankruptcy Developments
Lenders should be aware of recent court rulings impacting bankruptcy law
Continue Reading4th Circuit Rejects Bid for Chapter 13 Mortgage Cramdown
BankrThe U.S. Court of Appeals for the Fourth Circuit recently issued an important opinion for residential real estate lenders.
Continue ReadingHealth Diagnostic Laboratory Trustee Pursues Charities and Others For Alleged Fraudulent Transfers
The Liquidating Trustee of Health Diagnostic Laboratory, Inc. and its affiliated debtors in bankruptcy is attempting to recover certain payments...
Continue ReadingFederal Bankruptcy Rule Update: Home Mortgage Lenders’ Duty to Give Notice in Chapter 13 Cases, and Potential HELOC Amendment
Home mortgage lenders should be aware that the federal rule governing notices to borrowers in Chapter 13 bankruptcy cases was recently amended.
Continue ReadingU.S. Supreme Court and 4th Circuit Each Rules for Creditors in Recent Notable Opinions
This month we report on two very recent court decisions that are noteworthy for creditors.
Continue ReadingBank With U.C.C. Security Interest In Deposit Account v. Garnishment Creditor: Who Has Priority?
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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