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New York Law Journal

Second Circuit's Bright-Line Rule Spells Trouble for Unsuspecting Lenders

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

New York Law Journal

A New Bankruptcy Concern for Lenders

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

Daily Report Online

Woman Sues Navy Federal for Allegedly Violating Consumer Credit Laws

This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read

Daily Report Online

Man Sues American Express Over Disputed $285K Bogus Charge Claim

This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read

The Legal Intelligencer

Court Grants Lien Against Former Kline & Specter Lawyer's Firm, Orders Contempt Hearing in Arbitration Fee Dispute

Wright Padilla's order regarding the lien also bars Haviland Hughes from "distributing any such sums, or conveying or distributing property of any kind to or for" Haviland until the judgment is paid in full.
3 minute read

The Legal Intelligencer

CFPB's Recent Interpretive Rule Encourages States to Enact Fair Credit Reporting Laws

In its interpretive rule, the CFPB endorsed states' abilities to enact their own fair credit reporting laws to protect their residents.
8 minute read

Daily Report Online

Man Sues Another Man Over Fair Debt Collection Practices Act Claims

This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read

New York Law Journal

Cap on Lease Rejection Claims Under the Bankruptcy Code and Its Damaging Effect on Commercial Landlords

While there is no clear resolution to the risks imposed to commercial landlords as a result of §502(b)(6), there are avenues to pursue to ensure that the claim cap does not become a claim trap.
8 minute read

New York Law Journal

Out-of-Court Restructuring To Exit Asbestos Litigation: Alternative to Chapter 11

This article summarizes the key challenges associated with solving the asbestos litigation problem through the Chapter 11 restructuring process, and explains why an out-of-court restructuring transaction may be a preferred alternative.
8 minute read

New York Law Journal

Crypto Goes Bankrupt: What Do Lawyers and Investors Need To Know?

This article explores questions and potential intercreditor issues surrounding two crypto-related bankruptcy cases.
8 minute read

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