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Insolvency Service “reframes” view of creditor – IPs can apply their discretion (UK)

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Filing For Bankruptcy And Impact On Your Immigration Status

When a potential client is sitting in front of me and contemplates filing for bankruptcy, they often ask about the impact of the proceeding on their immigration status. If you’re a permanent resident of the U.S. or a visa holder, you need to know how

Genuine Issues Of Material Fact Preclude Summary Judgment On Recharacterization And Equitable Subordination Claims.

Official Unsecured Creditors’ Committee of Broadstripe, LLC v. Capital Management, L.P. (I n re Broadstripe, LLC), Case No. 09-10006 (CSS), Adv. No. 09-50966 (CSS) (September 2, 2010) (J. Sontchi) On January 2, 2009 (the “Petition Date”), Broadstripe

Does the End of the Foreclosure Freeze Mean the Problems are Solved?

As banks lift their foreclosure freezes, many people may assume that the banks have solved their problems in documenting foreclosures. I suggest this is not the case. To understand this, keep in mind one of the problems. This is that an electronic

Mercer & Hole - London partner Chris Laughton to lead INSOL Europe

Fellow partner at Mercer & Hole, Chris Laughton, has been appointed President of INSOL Europe, the pan-European members organisation for insolvency professionals.

The Most Important Thing to Do When Buying Property at Foreclosure Sale

By now, it is abundantly clear that lenders were at best careless when acquiring and transferring mortgages. Throughout the industry, they had a carefree attitude when it came to safekeeping of mortgages note and other mortgage documents. It appears

Sale of Liverpool Football Club - The Ox Getting Gored Is On the Other Foot

Tom Hicks spent months trying to push through a sale of the Texas Rangers over the strong objections of his bank lenders, who believed that the proposed deal substantially undervalued the team. The result was a nasty, brutish (though relatively short

The Foreclosure Document Mess: What It Means for Homeowners in DC, Maryland and Virginia

The take-away lesson from the recent disclosure of fraudulent lender documents and the subsequent suspension of foreclosures throughout the country is this: Yes, lender mortgage documents are defective and faulty, and it's been that way for some time

The Foreclosure Document Mess: A Video Primer

If the legal and financial technicalities of the foreclosure mess have you bewildered, you are not alone. (After all, even Wall Street got the documentation wrong, which is why we're seeing the recent suspension of foreclosures.) This is a short

Top-Up Options — Looking Better and Better

Here’s the Davis Polk newsflash on two recent Delaware rulings validating the widespread use of top-up options, so long as the top-up is excluded from the calculation of value for appraisals and is otherwise properly drafted. When regulatory

Top-Up Options — Looking Better and Better

Here’s the Davis Polk newsflash on two recent Delaware rulings validating the widespread use of top-up options, so long as the top-up is excluded from the calculation of value for appraisals and is otherwise properly drafted. When regulatory