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Circuit Split Developing over Modification of Mortgages on Mixed-Use Properties
  • Hunton & Williams LLP
  • USA
  • April 12 2017

On March 9, 2017, a bankruptcy court in New York became the latest to weigh in on the developing circuit court split regarding whether modification of

9th Cir. Holds FDCPA 1692f(6) Applies to Non-Judicial Foreclosures
  • Maurice Wutscher LLP
  • USA
  • April 10 2017

The U.S. Court of Appeals for the Ninth Circuit recently reversed the dismissal of a Fair Debt Collection Practices Act claim arising out of a

Indiana Supreme Court Rejects Borrowers’ Argument Bankruptcy Discharge Wiped Out Mortgage Loan, Lien
  • Maurice Wutscher LLP
  • USA
  • April 10 2017

The Supreme Court of Indiana recently confirmed a mortgagee’s ability to seek an in rem judgment against property for which there was an outstanding

The Shoe DroppedPayless Files for Chapter 11 Bankruptcy
  • Stark & Stark
  • USA
  • April 5 2017

Kansas-based Payless, Inc. filed for Chapter 11 bankruptcy protection in the Eastern District of Missouri (St. Louis) on Tuesday afternoon, under

Illinois App. Court (2nd Dist) Holds FHA’s ‘Face to Face’ Meeting Not Required When Loan Discharged in Bankruptcy
  • Maurice Wutscher LLP
  • USA
  • March 13 2017

The Appellate Court of Illinois, Second District, recently affirmed summary judgment in favor of a mortgagee that failed to meet the FHA requirement

Finance and secured lending in the United States
  • Sullivan & Cromwell LLP
  • Global, USA
  • March 8 2017

A structured guide to finance and secured lending in the United States

Halifax Financial Group L.P. v. Hazel (In re Hazel)
  • Stoll Keenon Ogden PLLC
  • USA
  • March 6 2017

The district court dismisses the appeal because the bankruptcy court’s order was not final and appealable. The creditor had

What Do You Mean My Claim Is Capped? Ninth Circuit Ruling Further Clarifies Types Of Damages Excluded From A Landlord’s Claim In Bankruptcy
  • Bryan Cave LLP
  • USA
  • March 2 2017

The Ninth Circuit Court of Appeals recently provided landlords dealing with a rejected lease with further guidance on the size and basis of their

New York Federal Court Dismisses Plaintiff’s FDCPA Claim, Finding Communications Regarding Hazard Insurance Were Not an Attempt to Collect a Debt
  • Riker Danzig Scherer Hyland & Perretti LLP
  • USA
  • February 28 2017

The United States District Court for the Western District of New York recently granted Defendant’s motion to dismiss Plaintiff’s first cause of

Buyer Beware: Bankruptcy Assets not “Free and Clear” if Due Process is Lacking
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • February 28 2017

One of the most powerful and oft used devices in bankruptcy is the sale of assets “free and clear” of liens, claims and interests. One issue a buyer