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MCAs: Lifesavers, or Debt Traps?

Nov 2023
Automatic Stay, Claims, Bankruptcy Litigation, Fraudulent Transfers, Plan Confirmation, Preferences, Predatory Lending, Finance and Banking, Investment Banking, Lender Liability, Small Business, Turnaround Issues, Uniform Commercial Code/Article 9

Debt-Collection Reforms Draw Congressional Focus Post-COVID

July 2021
Consumer Debt, Discharge/Dischargeability, Mortgage, Predatory Lending

Closing the § 363(o) Loophole: Sales of Consumer Loans in Liquidating Plans

August 2019
11 U.S.C. § 363, 1123, 1129, 1141
Plan Confirmation, Consumer Debt, Mortgage, Predatory Lending, Business Reorganization, Lender Liability

All Bark and No Bite? Pets as Collateral for Secured Loans

July 2019
522
Consumer Bankruptcy, Consumer Debt, Predatory Lending, Uniform Commercial Code/Article 9

Time Is of the Essence: The Standard for a “Prompt” Cure Under § 365(b)(1)(A)

June 2019
11 U.S.C. § 365
BAPCPA at 10, Bankruptcy Litigation, Creditors' Committee, Executory Contracts/Leases, Legislation, Plan Confirmation, Practice and Procedure, Valuation, Consumer Bankruptcy, Consumer Debt, Discharge/Dischargeability, Mortgage, Predatory Lending, Business Reorganization, Finance and Banking

When Is a House a “Home”? Varied Dates Used to Determine a Debtor’s “Principal Residence”

March 2019
105, 1322
Claims, Bankruptcy Litigation, Legislation, Plan Confirmation, Consumer Bankruptcy, Consumer Debt, Discharge/Dischargeability, Mortgage, Predatory Lending

One Athlete’s Personal Bankruptcy Illustrates How the Process Works

Dec 2018
Claims, Bankruptcy Litigation, Plan Confirmation, Consumer Bankruptcy, Consumer Debt, Predatory Lending

Benchnotes September 2016

Sept 2016
11 U.S.C. § 363(f), 547
Asset Sales, Claims, Bankruptcy Litigation, Preferences, Predatory Lending, Business Reorganization

What Is the CFPB, and Why Should You Care? The Bureau’s Reach Extends Beyond Consumer Advocacy

Dec 2015
Financial Advisors, Consumer Debt, Mortgage, Predatory Lending, Finance and Banking, Real Estate, Small Business

Benchnotes Mar 2013

Mar 2013
109, 363, 365, 522, 547, 1326 2013
Administrative Expense Claims, Asset Sales, Executory Contracts/Leases, Professional Compensation/Fees, Discharge/Dischargeability, Mortgage, Predatory Lending, Agriculture/PACA, Labor/Employment, Real Estate