Creditors' Rights, Bankruptcy and Insolvency
U.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.
Continue ReadingCreditors Take Note: New Bankruptcy Forms Become Effective December 1, 2015
Effective December 1, 2015, most existing Official Bankruptcy Forms will be replaced with new forms.
Continue ReadingBanks Face Claw-Back Exposure For Account Overdrafts
Two recent cases highlight an unexpected risk that comes with overdrafts and the importance of documenting and following procedures in handling them.
Continue ReadingU.S. Supreme Court Weighs in on Mortgage "Strip-Offs"
The US Supreme Court ruled on mortgage "strip-offs."
Continue ReadingJames River Coal Files Lawsuits To Recover Alleged "Preference" Payments
James River Coal Company filed Chapter 11 bankruptcy in the US Bankruptcy Court for the Eastern District of Virginia on April 7, 2014.
Continue ReadingClarifying TILA's Extended Right of Rescission: Jesinoski v. Countrywide
This article examines the Supreme Court's ruling in Jesinoski v. Countrywide Home Loans, Inc.
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