By Barbara M. Goodstein and John M. Conlon | December 6, 2023
Judgment creditors frequently encounter difficulties enforcing their judgments against debtors, particularly those in distressed circumstances. A recent decision by the Court of Appeals of Ohio in 'Wulco v. The O'Gara Group & Monroe Capital Partners Fund' involved a battle between a judgment creditor and a UCC secured creditor, each seeking to obtain funds in a debtor's bank account. The court examined not only the relative rights of the creditors as to those funds, but also whether a court clerk to whom the funds were transferred (as part of garnishment proceedings) could be a "transferee" under Section 9-332 of the Uniform Commercial Code, thereby stripping away any prior security interest.
12 minute read
By Marianna Wharry | November 29, 2023
This complaint was first surfaced by Law.com Radar.
2 minute read
By Jason C. Bergman | November 17, 2023
Jason Bergman advises parties on how the failure to specifically identify an encumbrance that is senior to the foreclosed mortgage can be fatal to the foreclosure sale.
5 minute read
By Jeffrey B. Steiner and Scott A. Weinberg | November 14, 2023
While the potential advantages of converting office buildings into residential spaces are widely acknowledged, such conversions can be financially burdensome and present structural difficulties, often requiring a complete overhaul of existing floor plans and resulting in awkward layouts. As a result, another trend gaining traction in cities nationwide is repurposing office buildings for agricultural use and creating farms in urban centers.
6 minute read
By Colleen Murphy | November 9, 2023
"Attorneys have an independent duty to continually reevaluate their claims to avoid prolonging a meritless case," stated Judge Timothy M. Tymkovich in his dissent. "The failure to do so is sanctionable. Here, plaintiffs' counsel failed to avoid prolonging a meritless case."
5 minute read
By Myron C. Weinstein | November 9, 2023
The new Updated Uniform Mortgage—the most widely used form of mortgage in New Jersey today—is a gamechanger. Except for violation of the due-on-transfer clause, Section 20 gives a borrower an unlimited right to reinstate a defaulted, accelerated mortgage loan until five days before any foreclosure sale.
8 minute read
By William Jay, Charles Brown, Daniel Roeser, Justin D. Ward and William Evans | November 8, 2023
In a follow-up to their article published in June, the authors discuss two questions raised but not fully answered in Slack: probabilistic pleading under Section 11 of the 1933 Act and the proper construction of Section 12 of the 1933 Act.
7 minute read
By Jane Wester | November 7, 2023
U.S. District Judge Gregory Woods noted that both parties expended "much effort" discussing Citibank's internal controls but indicated he would have preferred a different focus.
3 minute read
By ALM Staff | November 2, 2023
This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
By ALM Staff | November 2, 2023
This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
Presented by BigVoodoo
Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession.
Daily Business Review honors attorneys and judges who have made a remarkable difference in the legal profession in Florida.
Consulting magazine is proud to recognize this unique group of movers and shakers at our annual Rising Stars of Profession awards.
Seeking Estate Administration Attorney for busy boutique office. Huge upside potential and growth opportunity.NYS Bar Admission and relevan...
COLE SCHOTZ P.C.TRUSTS & ESTATES ADMINISTRATION PARALEGAL - NEW JERSEY, NEW YORK OR FLORIDA OFFICE:Prominent NJ based law firm with mult...
Wall Street law firm with diverse business practice seeks transactional attorney with at least 4 years of experience. Must have solid experi...
Professional Announcement
Frederick D. Miceli has joined the firm as Of Counsel
Professional Announcement
