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

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Observations on the South Florida Foreclosure Crisis

The mortgage foreclosure crisis in South Florida is far from resolved. I offer the following observations. It is astounding to note that about 30% of all foreclosure sales in Miami- Dade County, Florida are being canceled on recent calendars. Not

FBI Reports that the Bankruptcy System is used to Perpetrate Foreclosure Rescue Schemes

A recent FBI Intelligence Assessment describes use of the bankruptcy process in foreclosure avoidance schemes. The foreclosure rescue schemes occur when spurious individuals promise to save a home from foreclosure after a mortgage default in order to

18 Morris James Attorneys Selected by their Peers for Inclusion in The Best Lawyers in America® 2011

18 Morris James attorneys in 13 practice areas were recently selected by their peers for inclusion in The Best Lawyers in America® 2011. New to the list are Mark D. Olson and Bruce W. Tigani from the firm’s Tax, Estates and Business practice. The

Benchmark Litigation 2011 Names 5 Morris James Partners Among Top "Local Litigation Stars"

Morris James LLP is pleased to announce that five of its partners have been recognized among the top Delaware litigation attorneys in Benchmark Litigation 2011 - The Guide to America's Leading Litigation Firms and Attorneys. Morris James’ Litigation

Third Circuit's Obtuse Devotion to "Plain Meaning" Continues in Visteon

The U.S. Court of Appeals for the Third Circuit has ruled in Visteon that retiree medical benefits cannot be terminated by a debtor during the pendency of a Chapter 11 case – even if the benefit plan reserved the debtor’s right to terminate such

Massachusetts Passes Homeowner Relief Bill

Yesterday, the Massachusetts legislature passed and Governor Duval Patrick (D) signed a bill that will grant additional safeguards to homeowners facing foreclosures. In short, Lenders/servicers/ anyone trying to foreclose on a 1-4 family residence

Class Actions for Modifications or Divine Intervention

There has been movement in some state courts to shore-up the failure of the legislation enacting the Making Home Affordable program initiatives to modify loans ( HAMP etc); Federal Courts seem paralyzed. As stated in an earlier post, there is no

Kentucky Debtors in Bankruptcy Have Among the Lowest Average Assets and Debts

The inaccurately named "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005" mandates the United States Courts to track certain statistics. Pursuant to that mandate, the Administrative Office of the Courts recently released a Report

What Does "Commercially Reasonable Determinants of Value" Mean Under Section 562 of the Bankruptcy Code?

As part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”), Congress added Section 562 to the Bankruptcy Code. Section 562 governs the timing of damage measurements with respect to swap agreements, securities contracts

What Does “Commercially Reasonable Determinants of Value” Mean Under Section 562 of the Bankruptcy Code?

As part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”), Congress added Section 562 to the Bankruptcy Code. Section 562 governs the timing of damage measurements with respect to swap agreements, securities contracts