By Brian Lee | January 2, 2024
In her State of the State message, Gov. Kathy Hochul urged lawmakers to empower the attorney general's office and financial regulators to crack down on abusive business practices.
5 minute read
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 Scott Mollen | December 5, 2023
Scott Mollen discusses "Bank of N.Y. Mellon v. DeMatteis," where the court held that the bankruptcy stay pursuant to Section 362(a)(1) (§362) "tolls the [statute of limitations] for commencing a mortgage foreclosure action against the defendant debtor, regardless of whether that defendant owns the property at the time of the bankruptcy filing," and "Knowles v. 21st Mtge. Corp.," a landlord-tenant case where the court held that the tenant's failure to pay bills did not constitute abandonment of property.
19 minute read
By Dan Roe | October 25, 2023
Big Law bankruptcy practices are closing in on their best year since 2020.
3 minute read
Delaware Business Court Insider
By Ellen Bardash | October 24, 2023
Judge John T. Dorsey approved the FTX debtors' motion to deviate from rules typically used in bankruptcy proceedings.
4 minute read
By Steven G. Yudin | October 24, 2023
There are many issues to consider when pursuing homestead property and navigating through Article 52 of the Civil Practice Law and Rules, which governs judgment enforcement, can be challenging.
9 minute read
By Bruce J. Bergman | October 10, 2023
Bruce Bergman discusses 'Wilmington Savings Fund Society, FSB v. Racer,' which deals with the "once believed innocuous 30-day notice requirement," and more specifically, when borrowers deny receipt, whether the foreclosing party can prove the notice was sent.
4 minute read
By John Soumilas | October 9, 2023
The CFPB's most recent supervisory highlights report suggests that some familiar industry players can't seem to stay on the straight and narrow.
8 minute read
By Ellen Bardash | October 4, 2023
U.S. District Court Judge Richard G. Andrews said that a SCOTUS case involving Purdue Pharma could impact some releases, a stay would impose uncertainty and damage to many claimants.
4 minute read
By Mason Lawlor | September 22, 2023
"Right away we were all handling cases on Zoom, whereas in other states, the transition's been a lot slower and it didn't take effect that quickly," said Roger Slade, the immediate past president of the Miami-Dade Bar Association.
4 minute read
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Professional Announcement
Frederick D. Miceli has joined the firm as Of Counsel
Professional Announcement
