Creditors' Rights, Bankruptcy and Insolvency

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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Supreme Court Gets Active in Bankruptcy Law

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

This article discusses one of the issues the Supreme Court is considering: whether a debtor can strip a lien off of real estate in a Chapter 7 case.

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Bankruptcy Developments: (1) Supreme Court Gets Active in Bankruptcy Law, and (2) Chapter 11 Reform is Under Way

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

This article discusses one of the issues the Supreme Court is considering: whether a debtor can strip a lien off of real estate in a Chapter 7 case.

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