Search Results (2785)
Documents on Bankruptcy
Show: results per page
|Neither a Borrower Nor a Lender be ...|
David H. Conaway; Shumaker, Loop & Kendrick, LLP;
May 27, 2015, previously published on April 2015Many 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.
|Failure to Disclose Pending Lawsuit in a Bankruptcy Filing Causes Personal Injury Lawsuit to be Dismissed|
Rick Hammond; Johnson & Bell, Ltd.;
May 22, 2015, previously published on February 2015A 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...
|First 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.;
May 21, 2015A 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.
|Recent LMA LIBOR Related Changes - Their Possible Impact on Islamic Finance Documents|
Richard de Belder, Adam Pierce; Dentons Canada LLP;
May 19, 2015, previously published on March 31, 2015At 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....
|Drafting Forbearance Agreements: A Road Map to Resolving a Troubled Loan|
Amelia Martin Adams; DelCotto Law Group PLLC;
May 12, 2015, previously published on February 10, 2015When 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...
|Professionals and Bankruptcy: Issues, Risks and Opportunities|
DelCotto Law Group PLLC;
May 12, 2015, previously published on January 29, 2015Those 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...
|Dare To Sare: Single Asset Real Estate Debtors|
Jamie L. Harris; DelCotto Law Group PLLC;
May 12, 2015, previously published on March 5, 2015The 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...
|The Growing Trend Toward Softening the Standard for Discharge of Student Loan Debt|
DelCotto Law Group PLLC;
May 12, 2015According 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...
|Sovereign Citizens - The Battleground|
Robert H. Adams, Kevin R. Gowen; Rumberger, Kirk & Caldwell Professional Association;
May 7, 2015, previously published on April 23, 2015The 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,...
|Ohio Supreme Court Clarifies its Position on Standing to File a Foreclosure Action|
Benjamin Hoen; Weltman, Weinberg & Reis Co., L.P.A.;
May 7, 2015, previously published on April 24, 2015In 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...