Creditors & Debtors Rights

New York Law Journal |Case Digests

M&T Bank v. Improta

September 26, 2018

Defendants' Opposition Insufficient to Defeat Plaintiff's Showing of Entitlement to Relief

Daily Report Online |Case Digests

Flint Timber, L. P. v. Agsouth Farm Credit, ACA.

September 25, 2018

Borrower's Wrongful Foreclosure Counterclaim is Barred by Collateral Estoppel

New Jersey Law Journal |Case Digests

Schultz v. Midland Credit Mgmt., Inc.

September 25, 2018

Plaintiffs appealed the dismissal of their putative Fair Debt Collection Practices Act class action complaint.

The Legal Intelligencer |Case Digests

Cherrywood Commercial Holdings, LLC v. Sumter

September 25, 2018

A creditor was entitled to reassessment of damages, because the debtor did not satisfy the judgment, and the property was sold at a foreclosure sale.

The Recorder |Case Digests

Turner v. Seterus, Inc.

September 25, 2018

Debtor not required to tender full amount due under note in order to cure default

The Legal Intelligencer |Case Digests

Lupu v. Loan City, LLC

September 25, 2018

Pennsylvania law applied the "four corners" rule to determine insurer's duty to defend but would not apply complete defense rule to title insurance policies, which only covered a limited scope of claims. Order of the district court affirmed in part and reversed in part, case remanded.

Texas Lawyer |Case Digests

Conn Credit v. TF Loanco

September 24, 2018

Conn is a consumer goods company that sells to consumers on credit.

Connecticut Law Tribune |Case Digests

Christiana Trust v. Lewis

September 24, 2018

Affidavit Created Genuine Issue of Material Fact As to Authenticity of Signature on Mortgage

Connecticut Law Tribune |Case Digests

Ajluni v. Chainani

September 24, 2018

Obligor's Emails Reaffirmed Debt

New York Law Journal |

Legal Privilege Pitfalls and Perils in Bankruptcy

Christopher Harris and Kristof Szoke | September 21, 2018

Bankruptcy can considerably complicate the evaluation of legal privilege, due to the presence of shifting corporate control, parties with rapidly changing stakes, and fiduciary duties owed to multiple entities with differing interests.

New York Law Journal |

Does Allowing Postpetition Interest on an Unpaid Make-Whole Amount Result in an Impermissible Double Recovery?

James H. Millar | September 21, 2018

Explore why the Fifth Circuit's forthcoming decision in 'Ultra Petroleum' will have broad application.

New York Law Journal |

Drawing the Borders on Chapter 15 Bankruptcy

Leslie A. Berkoff | September 21, 2018

April 2018 was a very busy month for the interpretation and application of Chapter 15 in the U.S. Bankruptcy Court for the Southern District of New York. During those four weeks, three Bankruptcy Judges issued opinions focusing on various aspects of Chapter 15 of the U.S. Bankruptcy Code.

New Jersey Law Journal |News

Progress Made, But Work Remains on Foreclosures, NJ Court Committee Says

Michael Booth | September 20, 2018

"The recommendations set forth by this committee will further improve on efforts to resolve housing disputes in a fair and equitable manner that benefits homeowners, lenders and communities throughout New Jersey," said the chairman of the committee, Appellate Division Judge Glenn Grant, the acting administrative director of the courts, in a statement.

The Recorder |Case Digests

Chacker v. JPMorgan Chase Bank, N.A.

September 20, 2018

Deed of trust does not provide for award of attorney fees

New Jersey Law Journal |Case Digests

Frazier v. Morristown Mem'l Hosp.

September 20, 2018

Defendants moved to dismiss plaintiff's complaint.

New York Law Journal |Case Digests

U.S. Bank N.A. v. Bourie

September 19, 2018

Mortgagor Waived Affirmative Defenses by Not Asserting in Answer; Bank Granted Judgment

The Recorder |Case Digests

Hart v. Clear Recon Corp.

September 19, 2018

Deed of trust does not provide for award of attorney fees to lender in action brought by non-borrower

New York Law Journal |Case Digests

U.S. Bank N.A. v. Russo

September 18, 2018

Defendants Denied Vacatur of Default and Judgment of Foreclosure, Sale

New York Law Journal |Case Digests

HSBC Bank USA N.A. v. Bouchard

September 18, 2018

Plaintiff Fails to File Motion Within One Year of Defendant's Default, Denied Foreclosure

New Jersey Law Journal |Case Digests

Bello v. Bayview Loan Servicing, LLC

September 18, 2018

Defendant moved to dismiss plaintiff's complaint.

New York Law Journal |Case Digests

Comunale v. Home Depot U.S.A. Inc.

September 17, 2018

Claims Over Inaccurate Credit Agency Reports Preempted Under FCRA §1681t(b)

New Jersey Law Journal |Case Digests

Shedler v. Sokoloff

September 17, 2018

Plaintiff moved for leave to amend her complaint to add a defendant.

Connecticut Law Tribune |Case Digests

Am. Express Bank, FSB v. Olbrych

September 17, 2018

Court Denies Motion by Pro Se Defendant Seeking Review of Grant of Summary Judgment in Debt Collections Action

Connecticut Law Tribune |Case Digests

Marco Contractors, Inc. v. LC Gen. Contractor, LLC

September 17, 2018

Court Grants General Contractor's Application to Dissolve Mechanic's Lien in Dispute with Subcontractor

The Legal Intelligencer |Commentary

Literal Meaning of Release Provisions Enforced Over the Objection of Plan Proponents

Francis J. Lawall and Kenneth A. Listwak | September 13, 2018

The bankruptcy plan confirmation process typically requires intensive negotiations involving numerous creditor groups and other parties-in-interest. As a result, the scope of the releases embedded within a plan is subject to multiple reviews by such parties and then approval by the bankruptcy court.

New Jersey Law Journal |Case Digests

SMS Fin. XXIX, LLC v. O'Dea

September 12, 2018

Defendant appealed the chancery division's order suppressing defendant's answer and establishing plaintiff's right, as assignee, to foreclose on defendant's property.

New Jersey Law Journal |Case Digests

Marchi v. Nationstar Mortgage., LLC

September 11, 2018

Defendants moved to dismiss plaintiff's complaint, asserting a claim under the Real Estate Settlement Procedures Act and Regulation X, for lack of jurisdiction and failure to state a claim.

New York Law Journal |Case Digests

Alliance Laundry Sys. LLC v. Engle

September 10, 2018

Default Judgment, $78,960 Award Over Promissory Note's Payment Breach Is Explained

Connecticut Law Tribune |Case Digests

Deutsche Bank National Trust Co., as Trustee v. Wilson

September 10, 2018

Court Declines to Lift Stay in Foreclosure Case During Pendency of Appeal

Connecticut Law Tribune |Case Digests

Sovereign Bank v. Harrison

September 10, 2018

Defendant's Special Defense Erroneously Construed As Counterclaim

Connecticut Law Tribune |Case Digests

RKL Financial Corporation v. Deluco

September 10, 2018

Court Grants Mortgagee's Motion for Summary Judgment as to Liability in Foreclosure Action

Connecticut Law Tribune |Case Digests

Thomas Indus., Inc. v. City of Bristol, et al.

September 10, 2018

Funds From Auction Denied To Alter Ego Of Business Entity

Connecticut Law Tribune |Case Digests

Real Estate Mortgage Network v. Squillante

September 10, 2018

Setting of Law Day Did Not Impermissibly Shorten Time Period for Appeal

New York Law Journal |Case Digests

Citibank NA v. Integrated Strategic Resources

September 07, 2018

Citibank Shows Entitlement to Summary Judgment on Breach of Note and Guaranty Claims

New York Law Journal |Case Digests

Bank of Am. v. Rolf

September 07, 2018

Debtor's Objection to Amount of Deficiency Judgment Sustained With Correct Amount Entered

New Jersey Law Journal |Case Digests

U.S. Bank Nat'l Ass'n v. Wishnia

September 07, 2018

Plaintiff appealed the grant of summary judgment to credit corporation defendants and dismissal of its foreclosure complaint.

New York Law Journal |Case Digests

AJ Partners LLC v. L&V Post realty

September 06, 2018

Court Used Inherent Powers to Award Receiver Commissions Higher Than Statutorily Mandated

New Jersey Law Journal |Case Digests

Hoffman v. Citibank, N.A.

September 06, 2018

Defendant moved to dismiss plaintiffs' complaint, which asserted claims of breach of contract, fraud, violation of the FDCPA, and IIED, arising from a home equity line of credit between the parties.

New Jersey Law Journal |Case Digests

Copeland v. US Bank

September 06, 2018

Defendants moved to dismiss plaintiff's complaint related to a state foreclosure litigation and plaintiff filed six miscellaneous motions.

Daily Business Review |

Law Firm Accused of 'Sewer Service' — Covertly Obtaining Default Judgments Against Defendants

Zach Schlein | September 05, 2018

Broward attorney Justin Zeig filed a class action lawsuit against the Pollack & Rosen firm in the Southern District of Florida Monday. The suit alleges that the firm and debt buyer Midland Funding violated consumers' rights during debt collections.

Daily Report Online |News

Law Firm Accused of 'Sewer Service' — Covertly Obtaining Default Judgments Against Defendants

Zach Schlein | September 05, 2018

The suit alleges that the firm—which has offices in Florida, Georgia and Alabama—and debt buyer Midland Funding violate consumers' rights during debt collections.

New York Law Journal |Case Digests

Borges v. Placeres

September 05, 2018

NOTEWORTHY NOTEWORTHY NOTEWORTHY

Delaware Law Weekly |Case Digests

Hamer v. Navient Corp.

September 05, 2018

In this student loans matter, plaintiff failed to adequately allege the status of the debts, as well as whether defendant quali-fied as a "debt collector."

Daily Business Review |News

EB-5 Investments in Palm Beach Hotel Paid for Home, Yacht, Credit Cards, Indictment Says

Lidia Dinkova | September 04, 2018

A developer and a Palm Beach attorney are accused of diverting money from foreign investors to personal luxuries.

New York Law Journal |Case Digests

Fed. Nat'l Mortg. Ass'n v. Rico

September 04, 2018

Plaintiff Fails to Establish Its Standing, Denied Summary Judgment Dismissal

New Jersey Law Journal |Case Digests

Levins v. Healthcare Revenue Recovery Grp. LLC

September 03, 2018

Debt Collector's Failure to Use Legal Name or Full Business Name Violated FDCPA's "True Name" Requirement

New York Law Journal |Case Digests

U.S. Bank NA v. Sansone

August 31, 2018

Failure to Provide Reasonable Excuse in Moving for CPLR 5015 Relief Denies Vacatur

New Jersey Law Journal |Case Digests

Citimortgage, Inc. v. Demircan

August 31, 2018

Defendant appealed the final judgment in a foreclosure action.

New Jersey Law Journal |Case Digests

Pfeifer v. McLaughlin

August 31, 2018

Plaintiff appealed from the chancery division's dismissal of her foreclosure complaint against defendants pursuant to the statute of limitations and plaintiff's failure to record the mortgage.

New Jersey Law Journal |Case Digests

Oshri v. PNC Bank

August 31, 2018

Defendants moved to dismiss plaintiff's action asserting unlawful seizure of his bank account, violations of the FDCPA, abuse of due process and wrongful foreclosure.

Daily Business Review |Commentary

Is Your Business a Debt Collector?—If So, Watch Out.

Charles M. Tatelbaum and Ian Lis | August 28, 2018

On Aug. 7, the U.S. Court of Appeals for the Third Circuit issued an opinion in the case of Tepper v. Amos Financial (Case No. 17-2851) which has sent, and should send, shock waves to creditors and institutions that not only regularly purchase debt, but also those who can be classified as "debt collectors" under the Federal Fair Debt Collection Practices Act (FDCPA) 15. U.S.C. Section 1692.

Daily Business Review |News

Bond Finance Director Calls State Debt Reduction a 'Sea Change'

Lloyd Dunkelberger | August 15, 2018

The debt amount dropped from $28.2 billion in July 2010 to $21 billion through June 30, Ben Watkins, director of the bond finance agency, told Gov. Rick Scott and Cabinet members.

New York Law Journal |Analysis

A Field Guide to Asset Forfeiture

Peter E. Fisch and Mitchell L. Berg  | August 14, 2018

While asset forfeiture is commonly thought of as applying to personal property, such as a vehicle used to illegally transport narcotics, in their Transactional Real Estate column, Peter Fisch and Mitchell Berg discuss its application to real property.

Daily Business Review |Conversation

New 'Substantial Doubt' Standard for Foreign Judgment Enforcement in Fla.

Arnoldo B. Lacayo, Juan J. Mendoza and Andres H. Sandoval | August 07, 2018

A recent change to a state law concerning the recognition and enforcement of foreign judgments in Florida may make it easier to avoid payment of valid debts.

New Jersey Law Journal |Analysis

Court Clarifies Standing Requirements if Note and Mortgage Separated

Rachel G. Packer and Joy Harmon Sperling | July 27, 2018

OP-ED: Given the confusion among many courts as to how the foreclosure process works with regard to GSE loans, the decision in "Capital One v. Peck" should be helpful.

National Law Journal |News

Ohio Law Firm, Defended by Jones Day, Beats CFPB's Deception Claims

C. Ryan Barber | July 27, 2018

An Ohio federal judge said the demand letters of Weltman, Weinberg & Reis Co., which focuses on creditors' rights, accurately gave the firm's identity and legal description. “As such,” the judge wrote, “it cannot be fairly described as false or misleading simply for correctly identifying Weltman as a law firm.”

Daily Business Review |News

Chinese EB-5 Investors in Unfinished Las Olas Ocean Resort Allege Fraud

Lidia Dinkova | July 18, 2018

The unfinished Fort Lauderdale hotel is set for a bankruptcy auction Aug. 15.

Daily Business Review |Profile

Attorney Michael Dunn Talks Business Startups, Practicing With His Parents

Daily Business Review | July 13, 2018

Michael Dunn is managing partner at Dunn Law in Miami.

New Jersey Law Journal |Commentary

Judges Are Not Biased Against Debt Collectors

Andrew M. Milz | July 06, 2018

OP-ED: Frustration is no excuse for lashing out at judges who correctly apply the Fair Debt Collection Practices Act, an important consumer protection law.

New Jersey Law Journal |Commentary

Calling out Judicial Bias Against Debt Collectors in NJ

Michael Harrison | June 29, 2018

OP-ED: The Fair Debt Collection Practices Act is a well-intentioned law that is in place to curb harassing and abusive conduct by debt collectors. Unfortunately, judges have ignored the purpose of the statute and continually penalize debt collectors for conduct that is not abusive or harassing.

Law.Com |News

New Bill Would Protect Law Licenses of Student Loan Defaulters

Karen Sloan | June 14, 2018

A bipartisan effort would prohibit states from revoking professional licenses from people who default on their federal student loans, which would help protect lawyers struggling with education debt.

New York Law Journal |

Overview of Plan Support Agreements

Thomas R. Califano and Rachel Ehrlich Albanese | June 08, 2018

The expense, disruption and value deterioration inherent in sustained Chapter 11 proceedings have in recent years led to faster paced cases which are often, if not prepackaged, at least pre-negotiated (or pre-arranged). Debtors and sophisticated stakeholders are increasingly using plan support agreements to provide structure to a Chapter 11 case and set forth the pre-negotiated terms of a Chapter 11 plan.

New York Law Journal |

Plan Support Agreements: Key Considerations for Creditors

Gregory G. Plotko and Richard J. Lee | June 08, 2018

PSAs have become a mainstay in the Chapter 11 restructuring process, and it is therefore vital for distressed investors and other creditors to have a clear understanding of the legal terms of a contemplated PSA. This article examines the language of certain key provisions typically found in a PSA, and provides a brief survey of provisions agreed to by debtors in bankruptcy proceedings.

New York Law Journal |

Insolvency Risk Planning for Cross-Border Transactions

Michael J. Venditto | June 08, 2018

There are no absolute protections against the downside risk in any transaction. This is especially the case in cross-border transactions that span multiple jurisdictions. Nevertheless, some careful planning and drafting can improve the prospects for the outcome.

New York Law Journal |

'JCC Development v. Levy': Drafting Makes a Difference

Barbara M. Goodstein | June 06, 2018

In her Secured Transactions column, Barbara Goodstein shows how the case 'JCC Development Corp. v. Levy' can be used as a cautionary tale for attorneys who draft or review loan documents that small variations in the language of the documents can potentially lead to fatal flaws.

New Jersey Law Journal |News

Mortgage Loan Dispute Yields $1.168M Award in Bergen Bench Trial

Michael Booth | June 04, 2018

In Danja Invest Corp. v. Zaytsev, a Bergen County judge rendered a $1.168 million judgment on May 17 in favor of a Belize-based company that sought…

Delaware Law Weekly |News

Attorney Gets 8 Years in Jail for Role in Payday Lending Scheme

Max Mitchell | May 29, 2018

A Delaware lawyer has received a lengthy prison sentence for his role in a payday lending scheme that involved lying about his client's connections with Native American tribes in order to dupe customers into paying interest rates far above the legal limit.

Daily Business Review |

Miami Attorney Wins $1.67 Million Against Ex-Patriot National CEO

Samantha Joseph | May 21, 2018

Ralf R. Rodriguez represented four plaintiffs seeking full payment of promissory notes signed by Steven Mariano, former head of Patriot National Inc. and Guarantee Insurance Co.

Slideshow

Daily Business Review |Slideshow

Litigation Departments of the Year — Small Law Firms

ALM Staff | May 21, 2018

Levine Kellogg Lehman Schneider + Grossman, Bryant Miller Olive and Assouline & Berlowe are recognized for successful trial court and appellate work.

Daily Business Review |News

Miami Judge Tosses Class Action Against Ex-Ski Resort Owner

Katheryn Tucker | May 18, 2018

Ariel Quiros was accused of running the biggest to date EB-5 fraud to date at Vermont's Jay Peak ski resort.

National Law Journal |News

Lawyer Suing Facebook: 'This Could Be the Largest Data Breach' Ever

Amanda Bronstad | May 15, 2018

Richard Fields talks about Wednesday's hearing and its potential impact on the Facebook litigation.

Daily Business Review |Commentary

Subprime Auto Lenders Folding—Is This a New Financial Indicator?

Charles M. Tatelbaum | May 11, 2018

The recent Bloomberg headline “Smaller Subprime Auto Lenders Are Starting to Fold,” and the accompanying article may seem astounding in today's bustling economy.

New York Law Journal |Analysis

When Fair Is Foul: The Confusing State of FDCPA Guidance in the Second Circuit

Paul R. Niehaus and Emily B. Kirsch | May 10, 2018

Recent developments in the Second Circuit's interpretation of the Fair Debt Collections Practices Act have undermined the security of the safe harbor previously established by the court, and have created a situation whereby almost any debt collection letter is susceptible to claims that it violates FDCPA. Fortunately, the Second Circuit has ample opportunity to rectify the current situation and provide clear rules for all parties.

New Jersey Law Journal |News

Parsing Decades-Old Law, NJ Court Says Creditor Can't Touch Marital Real Estate

David Gialanella | May 09, 2018

"Despite the apparent equities favoring plaintiffs, we agree with defendant that [the statute] precludes the partition and forced sale of the real property because defendant and his wife own it as tenants by the entirety," Judge Jack Sabatino wrote for the court.

New Jersey Law Journal |News

Court Remands $166K Fee Award to Greenbaum Rowe for Receiver Work

Michael Booth | May 09, 2018

A state appeals court on Wednesday ordered further review of more than $166,000 in receivership fees awarded to New Jersey firm Greenbaum, Rowe, Smith & Davis, issuing an "admonition [that] has been repeated time and again" to trial courts that don't put reasons for their rulings on the record.

Daily Report Online |News

Equifax Judge Warns Lawyers to Limit Record-Sealing Requests

R. Robin McDonald | May 03, 2018

U.S. District Chief Judge Thomas Thrash issued a 34-page protective order in the Equifax data breach multidistrict litigation but warned lawyers and their clients that they should treat documents filed in the case as "presumptively public" and use their "best efforts" to limit confidential filings.

Connecticut Law Tribune |News

Foreclosed Stratford Woman Alleges Court Denied Equal Access

Robert Storace | April 30, 2018

Margarette Charles is seeking an emergency injunction. She claims in a federal lawsuit that Norwalk Deputy Chief Clerk Edmond O'Garro's actions could cause her to lose her home.

New Jersey Law Journal |

BAR REPORT - Capitol Report

New Jersey State Bar Association | April 30, 2018

NJSBA weighs in on entire controversy doctrine application to attorneys; NJSBA annual meeting to host legislators, key administration officials

New York Law Journal |Analysis

Ninth Circuit Rules That a Joint Plan for Multiple Debtors Can Be Confirmed Over the Objection of All Creditors of Some (But Not All) Debtors

Corinne Ball | April 25, 2018

In her Distress Mergers and Acquisitions column, Corinne Ball writes: In 'In re Transwest Resort Properties', the Ninth Circuit expressly rejected the “per debtor” interpretation of §1129(a)(10) in favor of a “per plan” approach.

Daily Business Review |News

How a Florida Supreme Court Case Could Affect Attorney Pay

Samantha Joseph | April 24, 2018

Twelve law firms and legal aid groups weigh in with friend-of-the-court briefs in a case where a homeowner beat back a foreclosure lawsuit.

New Jersey Law Journal |Commentary

A Solution to the Foreclosure Crisis

Irwin S. Izen | April 24, 2018

Lenders are frustrated, the courts are log jammed, and homeowners are suffering.

New Jersey Law Journal |Commentary

A Solution to the Foreclosure Crisis

Irwin S. Izen | April 13, 2018

Lenders are frustrated, the courts are log jammed, and homeowners are suffering.

New York Law Journal |News

Rule 68 Decisions Bolster Second Circuit's Latest Reversal

Colby Hamilton | April 09, 2018

Citing the U.S. Supreme Court and its own decisions, the panel Monday again sent back down a suit Southern District Judge Katherine Forrest has twice now attempted to close out.

Daily Report Online |News

Charge It? Not to Pay Bankruptcy Lawyers, 11th Circuit Says

Greg Land | April 06, 2018

Ruling in a putative class action against a defunct Orlando law firm, a panel said an attorney violates federal law "if he instructs a client to pay his bankruptcy-related legal fees using a credit card."

Daily Business Review |News

In Fight for Attorney Fees, 'Prevailing Party' Becomes Slippery Notion

Samantha Joseph | April 05, 2018

The case turned on which party "substantially prevailed" in a foreclosure, after a short sale that generated about $1 million for the bank and nothing for the borrower.

New York Law Journal |Analysis

Limiting Liability of Lenders: The Lyondell Case

Barbara M. Goodstein | April 04, 2018

In her Secured Transactions column, Barbara M. Goodstein writes: The changes in law arising from the Great Recession were certainly considerable. But it may come as a surprise to many that as much as 10 years later court decisions continue to emerge from those turbulent times.

Daily Report Online |News

Debt Collector Agrees to $8.5M Settlement with Georgia AG

Katheryn Tucker | April 04, 2018

National Check Resolution Inc. of Lawrenceville has agreed to stop collections on nearly 12,000 accounts worth $8.5 million. The deal resolves charges that the debt collection company violated the federal Fair Debt Collection Practices Act.

The Legal Intelligencer |Commentary

Second Circuit Court Declines to Enforce Arbitration Clause

Rudolph J. Di Massa, Jr. and Drew S. McGehrin | April 02, 2018

In Anderson v. Credit One Bank, Case No. 16-2496 (2d Cir., March 7), the U.S. Court of Appeals for the Second Circuit affirmed decisions of both the District and Bankruptcy Courts for the Southern District of New York in addressing the enforceability of arbitration clauses in bankruptcy proceedings.

New York Law Journal |Commentary

The Long Island Foreclosure Epidemic

Thomas F. Whelan, J.S.C. | March 29, 2018

The economic crisis of 2008 is over. All indicators show that the national economy is humming along. Yet, Long Island is currently mired in an foreclosure epidemic that shows little, if any signs of easing.

Daily Business Review |Commentary

Recent SEC, CFTC Comments Ease Crytocurrency Fears, Boost Confidence

Jesse Fulton | March 28, 2018

To say the last month in the crypto world has been nothing short of a wild ride would be an understatement. With approximately $475 billion exiting the market in a blink of an eye, many new to the market are likely getting their first taste of reality in the crypto space.

The American Lawyer |News

'Drake's Favorite Lawyer' and 4 More Move to Katten Muchin

Roy Strom | March 26, 2018

Steven Reisman, co-chair of the restructuring and insolvency group at Curtis, Mallet-Prevost, Colt & Mosle, is leading a five-lawyer team heading to Katten Muchin Rosenman in New York.

Daily Business Review |News

Kaye Bender Rembaum Trounces Bankruptcy Trustee's Malpractice Claims

Samantha Joseph | March 23, 2018

But the firm's leadership said it paid a steep price, as its malpractice insurance premium rose about 50 percent.

Daily Business Review |

Greenberg Traurig's Mark Bloom Leads American College of Bankruptcy

Catherine Wilson | March 21, 2018

Bloom is elected to a two-year term as president of the honorary association of bankruptcy and insolvency professionals.

Daily Report Online |News

Former Equifax Exec Charged With Insider Trading

R. Robin McDonald | March 14, 2018

The SEC accused the former executive of capitalizing on confidential company information to cash in his stock options in advance of Equifax's public announcement of a massive data breach.

New Jersey Law Journal |Analysis

The Barton Doctrine and Trustee Immunity

Harry Giacometti and Damien Tancredi | March 14, 2018

When faced with a suit for actions taken in the course of a trustee's appointment, the trustee should first consider whether the plaintiff complied with the Barton Doctrine.

Daily Business Review |News

South Florida, California Firms Merge to Create National Practice

Samantha Joseph | March 13, 2018

The merger creates Ghidotti|Berger, with 14 attorneys practicing in federal and state courts in Arizona, California, Florida, Texas, Nevada and Washington.

Daily Business Review |Best Practices News

We Need to Talk About Lawyers' Behind-the-Scenes Help to Pro Se Clients

Samantha Joseph | March 09, 2018

"It's a rule that's still in its infancy," ethics lawyer Andrew Berman said. "It's still trying to find its equilibrium.”

Daily Business Review |News

Foreclosure Defense Lawyer Wins Case But Can't Collect Fees

Samantha Joseph | March 07, 2018

The issue of attorney fees for foreclosure defense lawyer has taken center stage in recent weeks.

The Legal Intelligencer |Commentary

Rent-A-Wreck Crash Into Bankruptcy Dismissed for Lack of Good-Faith Filing

Andrew C. Kassner and Joseph N. Argentina Jr. | March 06, 2018

The U.S. Bankruptcy Code provides distressed companies an array of tools to reorganize their business affairs and restructure their debt.

Daily Business Review |Profile News

Roy Oppenheim Represented the Downtrodden — And Made a Good Living Doing It

Samantha Joseph | March 02, 2018

I was quoted at one time as saying that ... foreclosure defense is the bottom of the barrel," Oppenheim said. "Lower than being a divorce lawyer.

The Legal Intelligencer |News

High Court to Examine Foreclosure Notice Requirements

Zack Needles | March 01, 2018

The Pennsylvania Supreme Court is set to decide whether a mortgagee must issue a new notice of intent to foreclose before filing a second foreclosure complaint after its initial complaint was dismissed.

Daily Report Online |News

Equifax Finds 2017 Hack Compromised Data of 2.4 Million More Consumers

R. Robin McDonald | March 01, 2018

Equifax on Thursday expanded the number of consumers whose financial data and personal information have been compromised to a breathtaking 148 million.

New Jersey Law Journal |

The Practical and Abstract Implications of 'In re Linear Electric'

Brett M. Buterick and Elizabeth K. Holdren | March 01, 2018

This decision has significant impacts on commercial creditors and may offer contractor-debtors certain strategic advantages.

National Law Journal |News

Mick Mulvaney Tells State AGs the CFPB Won't 'Get in Your Way'

C. Ryan Barber | February 28, 2018

"If we think it's a good case, we'll bring it. If not, we're happy to get out of the way and let you all do it by yourselves," Mick Mulvaney, the acting Consumer Financial Protection Bureau director, told state attorneys general Wednesday in Washington.

Daily Business Review |Best Practices News

South Florida Firm in Hot Water for Ghostwriting Pleadings for Pro Se Defendants

Samantha Joseph | February 27, 2018

The firm says there's widespread ignorance about a rule that allows it to write, but not sign, documents prepared for litigants representing themselves in court.