HB 87 – Florida’s Foreclosure Bill is Back
By: Sara K. White & Douglas L. Waldorf, Jr. On February 7, the House Civil Justice Subcommittee voted to pass …
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In re Sundale, Ltd.: Bankruptcy Court May Have Final Say in Certain State-law Counterclaims
By: J. Ellsworth Summers, Jr. & Scott St. Amand As we have discussed in previous posts, the Supreme Court has …
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Florida Deficiency Proceedings: Establishing the Value of the Property
By: Scott J. Kennelly & Janet C. Owens Following a foreclosure sale, a secured creditor may seek a monetary judgment …
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Insiders as Equity Investors: Competition Protects Lenders from Absolute Priority Rule Circumvention
By: J. Ellsworth Summers, Jr. & Scott St. Amand Under the absolute-priority rule, unpaid creditors normally receive the equity in …
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Residential Lending and the Ability to Repay Rule
By: Douglas L. Waldorf, Jr. & Sara K. White On January 10, 2013 the Consumer Financial Protection Bureau issued a …
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Forward Contracts for Commodities not Avoidable as Preferential Transfers
By: J. Ellsworth Summers, Jr. & Scott St. Amand Because debtors may avoid certain transfers and contracts entered into during …
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Denial of Discretion: Eleventh Circuit Lacks Jurisdiction to Hear Bankruptcy Appeal
By: J. Ellsworth Summers, Jr. & Scott St. Amand Even one year removed from the Supreme Court’s decision in Stern …
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Use of FDIC Special Powers: Knowledge by the FDIC or its Assignees is Irrelevant
By: Scott J. Kennelly In previous posts, we introduced the protections afforded the FDIC by the D’Oench Doctrine and 12 …
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Use of FDIC Special Powers: The Expanded Scope of the Term “Agreement”
By: Scott J. Kennelly In previous posts, we introduced the protections afforded the FDIC by the D’Oench Doctrine and 12 …
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Though not Precedent, McNeal Proves Persuasive in Southern District of Florida
By: J. Ellsworth Summers, Jr. & Scott St. Amand Mortgage modification has long been an angst-ridden topic for consumer creditors. …
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