I am attending the National Conference of Bankruptcy
Judges meeting in New Orleans this week. Here are some highlights.
Lawrence P. King Award
The Commercial Law League of America presented the Lawrence P. King Award to
Judge Burton Lifland from...
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...
The question is: is this good politics or good legal
practice... or both I suppose. "The attorneys general of all 50 U.S. states
announced Wednesday that they are joining to probe mortgage loan servicers who
are accused of submitting false affidavits...
On this edition, Robert Keach of Bernstein, Shur, Sawyer & Nelson in Portland, Maine discusses the chapter he contributed in Collier Guide to Chapter 11 Practice, published by LexisNexis Matthew Bender. Mr. Keach discusses the advantages and disadvantages...
A couple who filed bankruptcy in 2004 have been charged with
hiding assets and money laundering and income tax avoidance. But that may
only be part of their trouble. Federal agents have seized over 5 million
dollars in cash from their home in Colleyville...
Mortgage rates are at their lowest level in decades . Yet, millions of homeowners cannot
refinance. Why is not more done to help homeowners refinance?
Refinancing could save homeowners hundreds or thousands
of dollars a month, yet they cannot qualify...
Adam Rogoff is one of the authors of The Collier Guide to Chapter 11: Key Topics and Selected Industries, the latest addition to the Collier line of bankruptcy products from LexisNexis. Written by over 20 bankruptcy lawyers from leading firms , the Guide...
I just received this memorandum from Judge Pat E.
Morgenstern-Clarren of the Northern District of Ohio and thought it was worth
M E M O R A N D U M
TO: All attorneys with bankruptcy cases on my docket
FROM: Judge Pat E. Morgenstern...
Prof. Ken Klee, author of the LexisNexis Matthew Bender Bankruptcy and the Supreme Court book
and several LexisNexis Emerging Issues Analyses on the Supreme Court rulings in
2010, was recently profiled by the Los Angeles Business Journal by reporter...
I was driving into work today and heard a radio
advertisement that upset me and reinforced in my mind the reason I wrote my
book. That ad from a debt relief company claimed that the new credit card
legislation required lenders to reduce your credit...
According to Hertz v. Friend,
the nerve center test is the only appropriate test for determining the location
of a principal place of business. The Court stated that a corporation's
principal place of business is the place where its officers direct...
The Collier Guide to Chapter 11: Key Topics and Selected Industries is the latest addition to the Collier line of bankruptcy products from LexisNexis. Written by over 20 bankruptcy lawyers from leading firms, the Guide takes an in-depth look at the key...
by Sutherland's Regulatory Reform Task Force
After months of negotiations and conferences among key
legislators, President Obama signed into law a final version of regulatory
reform legislation on July 21, 2010. More than 2,000 pages long, the
Acquisition of companies in bankruptcy has become prevalent and perhaps the model in Chapter 11 cases. But potential purchasers need to be aware of several pitfalls. I will address some of them here, and discuss others during our upcoming Webinar - Chapter...
LexisNexis is presenting a free webinar "Chapter 11 Reorganization: Hot Topics and Industry Perspectives," on Tuesday, October 19 , beginning at 2 pm ET. CLE credit is available where LexisNexis is approved for webinar training CLE.
Between 1946 and 1964, more than 76 million American children were born. The first of these "Baby Boomers" begin to reach the historic retirement age of 65 in 2011. By 2030 all boomers will be over 65 and will represent an estimated 20 percent...
Pres. Obama Taps Liz Warren to Launch
Consumer Financial Protection Bureau
Last Friday, President Obama tapped Harvard Prof.
Elizabeth Warren to be a Special Assistant to the President to help launch the
Consumer Financial Protection Bureau. If...
Many of us with kids of a certain age know the
Friday night ritual: take the kids to Blockbuster to rent a movie.
That era may be going away as companies find that they no longer need expensive
bricks and mortar stores to rent movies. Next up for...
by David R. Kuney & Jeffrey E. Bjork
Sidley Austin LLP, Washington,
D.C., and Los Angeles
The notion that
commercial real estate projects are entitled to, or suitable for,
reorganization under chapter 11 of the Bankruptcy Code has encountered...
On this edition, Hon. Cecelia G. Morris, United States Bankruptcy Judge for the Southern District of New York, discusses H.R. 901, the "Medical Bankruptcy Fairness Act." Judge Morris explains the changes the Act would make to the Bankruptcy...
In an effort to avoid a contentious battle with the
Senate, President Obama announced today that Professor Elizabeth Warren would
be appointed as a special advisor to the newly created Consumer Protection
Bureau. As head of the investigation into how...
In a new opinion, the Fifth Circuit has taken a big step
backward in sorting out the doctrine of judicial estoppel. Reed v. City of
Arlington , No. 08-11098 (5th Cir. 9/16/10). While adopting the principle
that one panel of the Fifth Circuit cannot...
A recently released iPhone and iPad app designed for bankruptcy lawyers, Bankruptcy II , describes itself as a "complete reference for the working bankruptcy attorney." It is an overstatement to call it complete, because it does not have cases...
Andrews Kurth LLP, Houston
bank is in financial distress, government regulators often encourage the bank's
holding company to act as a source of strength by making loans, equity
infusions, and other asset transfers...
W. Stocker II & Peter J. Kulick
Dickinson Wright PLLC, Lansing, Michigan
intersection of bankruptcy law and the gaming industry produces a crossroad of
federal law and the regulation of an industry by states pursuant to the states'...