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.
New York Law Journal | Analysis
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.
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.
By Dan Roe | October 25, 2023
Big Law bankruptcy practices are closing in on their best year since 2020.
Delaware Business Court Insider | News
By Ellen Bardash | October 24, 2023
Judge John T. Dorsey approved the FTX debtors' motion to deviate from rules typically used in bankruptcy proceedings.
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.
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.
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.
New York Law Journal | Analysis
By Bernard D'Orazio | September 20, 2023
An execution is a powerful judgment enforcement tool, but it should be employed cautiously with a full understanding of the right of the sheriff or marshal to collect poundage on a settlement.
By Bruce J. Bergman | August 29, 2023
A discussion of the Foreclosure Abuse Prevention Act, with particular focus on those provisions relating to a time-barred result and settlement considerations.
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