Daily Business Review | Commentary
By Christina Paradowski | January 15, 2019
On Dec. 6, 2018, the U.S. Court of Appeals for the Eleventh Circuit held that a Chapter 13 plan stating that a secured debt will be paid directly to the creditor does not constitute the debt being “provided for” by the plan, and thereby precluding a discharge of that debt.
New York Law Journal | Analysis
By Carlos J. Cuevas | January 4, 2019
McKinsey is advising the FOMB on Puerto Rico's debt restructuring. After McKinsey was retained, it was revealed that McKinsey, through its affiliates, holds at least $20 million of Puerto Rico's debt. The fact that McKinsey is not disinterested has produced the appearance of a conflict of interest, which casts a specter of doubt on the legitimacy of Puerto Rico's bankruptcy case.
By Christine Simmons | January 4, 2019
About a year after Milberg signed a deal to transfer assets, the firm's leader told ex-partner Steven Schulman it would no longer pay him.
Connecticut Law Tribune | Analysis
By Carlos J. Cuevas | January 3, 2019
Rule 2016(b) requires a debtor's attorney to disclose the compensation that he or she has received or to disclose an agreement that he or she has made with a debtor concerning the attorney's compensation.
New York Law Journal | Analysis
By Adam M. Swanson | January 2, 2019
Legacy foreclosures are running up against New York's six-year foreclosure statute of limitations, CPLR §213(4). Lenders' counsel must be vigilant. Mortgages are routinely being discharged under the statute of limitations.
By David Gialanella | December 19, 2018
It was "a close call," the judge said, but a debt collection letter's invitation to "please call" the collector to discuss the possibility of insurance coverage was found to violate the federal Fair Debt Collection Practices Act.
By Bernard D'Orazio | December 14, 2018
The technique of serving Restraining Notices to freeze accounts held in the name of third parties provides judgment creditors with a potentially powerful Judgment enforcement tool. As with anything powerful, it should be used carefully and wisely.
New Jersey Law Journal | Analysis
By Daniel M. Stolz | December 6, 2018
In our practice, we are often surprised that clients, accountants and many attorneys are not fully familiar with the rights of creditors against property owned by tenants by the entirety.
By Michael Booth | December 4, 2018
A federal judge in New Jersey has certified a class of student loan borrowers in an action claiming a debt-collection letter contained false and misleading statements about possible late charges.
New York Law Journal | Analysis
By Janice Mac Avoy and Justin J. Santolli | November 26, 2018
The New York County Supreme Court's decision in 'CB Frontier v. Wilmington Trust, N.A.' to grant summary judgment holding that the floor area ratio bonus was not collateral under the mortgage surprised many in the commercial real estate community. While the decision has been appealed to the Appellate Division, the current decision raises areas of concern for lenders, and could lead borrowers (and lenders) to more closely scrutinize their existing loan documents to see if they will support a claim that a FAR bonus is not collateral under the mortgage.
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