By Jeffrey B. Steiner and Megan Vallerie | January 18, 2023
In their Real Estate Financing column, Jeffrey Steiner and Megan Vallerie discuss the question of whether or not the exercise of remedies by a lender following a non-monetary event of default is enforceable.
7 minute read
Delaware Business Court Insider
By Ellen Bardash | January 11, 2023
Delaware Bankruptcy Judge John T. Dorsey decided to continue allowing FTX to redact creditors' names from filings for three more months. The three-month window is half of what the debtors requested.
3 minute read
By Dan Roe | December 20, 2022
"I haven't seen this volume of assignments since the crash of 2008 and 2009," said White & Case global restructuring head Thomas Lauria.
6 minute read
By Mark Mailman | December 19, 2022
With the industry showing little progress in eradicating this problem, the U.S. Bureau of Consumer Financial Protection (CFPB), recently released an advisory opinion reminding CRAs that they have an obligation under the U.S. Fair Credit Reporting Act (FCRA) to screen for and eliminate this "junk data" from consumer reports.
8 minute read
By Melanie Kalmanson and Benjamin B. Brown | December 12, 2022
A federal court has entered a judgment in your client's favor. Your client seeks to enforce the judgment against the judgment debtor's assets in Florida. Now what?
6 minute read
By Edward Boyle and Benjamin (Ben) Paull | December 9, 2022
Foreign judgment creditors may now consider domesticating their judgments in states with broader recognition than New York, and foreign judgment debtors may now consider whether any foreign judgment against them is compatible with due process under New York standards.
8 minute read
Delaware Business Court Insider
By ALM Staff | December 5, 2022
This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
Delaware Business Court Insider
By Ellen Bardash | November 22, 2022
Attorneys said while they plan to begin liquidating FTX's assets as quickly as possible, a significant portion of those assets have been stolen or are otherwise not accounted for.
3 minute read
By Morgan R. McCord | November 17, 2022
Over the summer, the U.S. Court of Appeals for the Second Circuit answered the open question of whether the Bankruptcy Code's automatic stay provisions are violated by the foreclosure sale of a property when the debtor is a named defendant in the foreclosure proceeding, even if the debtor's interest in the property is only possessory, in the affirmative.
6 minute read
By Jeffrey B. Steiner and Tim Swearingen | November 15, 2022
While mortgage lenders have long worried that a bankruptcy filing by their borrower could prevent or delay a foreclosure action, should they now also worry that a bankruptcy filing by a tenant at the property will have the same impact? A recent Second Circuit Court of Appeals decision seems to say yes. In their Real Estate Financing column, Jeff Steiner and Tim Swearingen discuss the case "Bayview Loan Servicing LLC v. Fogarty."
6 minute read
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Professional Announcement
Frederick D. Miceli has joined the firm as Of Counsel
Professional Announcement
