New York Law Journal | Analysis
By Barbara M. Goodstein | August 3, 2022
Even if you have a valid and properly perfected security interest, the story doesn't end there. Contractual arrangements can alter the benefits associated with that lien, and therefore it is important to ensure that any contract affecting lien rights is clear and unambiguous.
By Ellen Bardash | August 1, 2022
Attorneys for some of the 82,209 total abuse claimants said Monday they're looking to make adjustments and get a final confirmation order in place within a month.
By ALM Staff | July 27, 2022
This suit was surfaced by Law.com Radar. Read the complaint here.
The Legal Intelligencer | News
By Ellen Bardash | July 27, 2022
The agreement resolves claims that Trident, which was in business until December 2020, focused its pursuit of mortgage lending more on areas found by census data to be predominantly white than on majority-minority areas.
By Adolfo Pesquera | July 22, 2022
The Fifth Circuit said it would not defer to the energy commission's "bizarre view" of contract rejection, even if the commission somehow had the power to administer the Bankruptcy Code.
New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | July 7, 2022
In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several recent and significant representative decisions, including reduction of a lengthy prison sentence due to defendant's medical impairments; a holding that, under ERISA, unionized workers had standing to sue trustees of their former union regarding dollar amounts transferred to their new union; and a holding that plaintiffs failed to establish a bank's liability under the Truth in Lending Act regarding disclosures related to their mortgage.
By ALM Staff | July 6, 2022
This suit was surfaced by Law.com Radar. Read the complaint here.
By ALM Staff | July 5, 2022
This suit was surfaced by Law.com Radar. Read the complaint here.
New York Law Journal | Analysis
By Michael J. Riela | June 24, 2022
Two recent District Court cases, 'In re Purdue Pharma' and 'Patterson v. Mahwah Bergen Retail Group' have called into question whether Bankruptcy Courts have the authority to approve non-consensual third-party releases.
Daily Business Review | Commentary
By Charles M. Tatelbaum and Corey D. Cohen | June 22, 2022
Since many mortgage and other loan statements have all or part of this verbiage as standard "boiler plate" language, the decision needs to be a wake-up call for lenders and their attorneys.
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