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Adobe PDFNeither a Borrower Nor a Lender be ...
David H. Conaway; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
May 27, 2015, previously published on April 2015
Many lawyers have written articles about a February 27, 2015 U.S. Court of Appeals (11th Circuit) ruling (In re Maury Rosenberg) against petitioning creditors of an involuntary Chapter 7 proceeding.


HTMLFailure to Disclose Pending Lawsuit in a Bankruptcy Filing Causes Personal Injury Lawsuit to be Dismissed
Rick Hammond; Johnson & Bell, Ltd.;
Legal Alert/Article
May 22, 2015, previously published on February 2015
A bankruptcy petition requires the debtor to make full disclosure of any interest in or ownership of all assets or property. These petitions are signed under a penalty of perjury, and are relied upon by the court and creditors for their truthfulness and accuracy. When a bankruptcy petitioner fails...


HTMLFirst Circuit Hears Oral Arguments on Validity of Puerto Rico’s Recovery Act
William W. Kannel, Leonard Weiser-Varon; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
May 21, 2015
A few reactions to today’s oral arguments before the U.S. Court of Appeals for the First Circuit regarding the validity of Puerto Rico’s Recovery Act.


HTMLRecent LMA LIBOR Related Changes - Their Possible Impact on Islamic Finance Documents
Richard de Belder, Adam Pierce; Dentons Canada LLP;
Legal Alert/Article
May 19, 2015, previously published on March 31, 2015
At the end of last year, the Loan Market Association (LMA) updated its facility agreements, including changes to the interest rate definitions and mechanics. Many Islamic finance transactions use a conventional interest rate benchmark, such as LIBOR, to calculate the profit or variable rental....


HTMLDrafting Forbearance Agreements: A Road Map to Resolving a Troubled Loan
Amelia Martin Adams; DelCotto Law Group PLLC;
Legal Alert/Article
May 12, 2015, previously published on February 10, 2015
When faced with a matured loan or a borrower that is otherwise in default and lacks the funds necessary to satisfy the loan in full, some lenders are quick to resort to traditional collection methods like foreclosure. In certain situations, foreclosure will not yield a recovery that will make the...


HTMLProfessionals and Bankruptcy: Issues, Risks and Opportunities
DelCotto Law Group PLLC;
Legal Alert/Article
May 12, 2015, previously published on January 29, 2015
Those who practice a profession tend to be well-respected and well-compensated by society for their services and contributions. But, mastering a profession does not automatically translate to business success. As a lawyer, I left law school with limited insight into how to start, grow and operate a...


HTMLDare To Sare: Single Asset Real Estate Debtors
Jamie L. Harris; DelCotto Law Group PLLC;
Legal Alert/Article
May 12, 2015, previously published on March 5, 2015
The term ¿single asset real estate¿ is defined in 11 U.S.C. § 101(51B) as ¿real property constituting a single property or project, other than residential real property with fewer than 4 residential units, which generates substantially all of the gross income of a debtor who is not a family farmer...


HTMLThe Growing Trend Toward Softening the Standard for Discharge of Student Loan Debt
DelCotto Law Group PLLC;
Legal Alert/Article
May 12, 2015
According to data compiled by the Federal Reserve, national student loan debt in the United States rose an astounding 275% from 2003 ($241 billion) to 2012 ($904 billion). This surge in student loan debt was no doubt spurred by the economic downturn, as people who lost jobs or could not find jobs...


HTMLSovereign Citizens - The Battleground
Robert H. Adams, Kevin R. Gowen; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
May 7, 2015, previously published on April 23, 2015
The so-called sovereign citizen movement is a loose confederation of individuals with a collective belief that government, at essentially all levels, is involved in a conspiracy to deprive them of property and essential rights. There is no formal organizational structure for this movement. Rather,...


HTMLOhio Supreme Court Clarifies its Position on Standing to File a Foreclosure Action
Benjamin Hoen; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
May 7, 2015, previously published on April 24, 2015
In 2012, the Ohio Supreme Court held that a Plaintiff must establish that it has standing at the time it files a foreclosure action. The Court further held that lack of standing cannot be cured after a foreclosure complaint is filed.1 On April 22, 2015, the Supreme Court issued its decision in...


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