Use of FDIC Special Powers: Overview BlogJanuary 10, 2013 By: Scott J. Kennelly Last month, the Federal Deposit Insurance Corporation reported that 470 financial institutions have failed since 2007. … Read more
A Troubling Interpretation: Prepetition Foreclosures as Preferential Transfers under § 547 BlogJanuary 8, 2013 By: J. Ellsworth Summers, Jr. & Scott St. Amand As stated in Doug Waldorf’s post below, the concept of property … Read more
Fair Debt Collection Practices Act (FDCPA): Applicable to Institutions that Acquire Loans from the FDIC? BlogDecember 28, 2012 By: Scott J. Kennelly & Janet C. Owens In the wake of bank failures, some institutions have acquired failed bank … Read more
The Extraordinary Remedy of Discharging Third Party Liability in Bankruptcy Proceedings BlogDecember 21, 2012 By: Scott St. Amand Recently the Fifth Circuit handed down a thorough opinion regarding Chapter 15 cross-border insolvency and its … Read more
Using Contempt Power to Force Repatriation of Offshore Trust Assets BlogDecember 13, 2012 By: Jacob J. Payne Offshore asset protection trusts (OAPT) typically have the following characteristics: (1) the trust is governed by … Read more
Formal Objection to Confirmation not Necessary to Appeal “Absolute Priority” Violation BlogDecember 11, 2012 By: J. Ellsworth Summers, Jr. & Scott St. Amand Cramdown. The very word makes the hair on the back of … Read more
Rogers Towers Attorney Appointed as New Circuit Judge PressDecember 10, 2012 JACKSONVILLE, Fla. (December 10, 2012) – Rogers Towers shareholder, Tatiana R. Salvador, has been appointed a 4 th Circuit Court … Read more
What Lenders Need to Know About “Equitable Mootness” in Appealing a Confirmed Chapter 11 Plan BlogDecember 4, 2012 By: J. Ellsworth Summers, Jr. & Scott St. Amand As many lenders have learned the hard way, an appeal of … Read more
Recent Changes to Florida’s Wage Garnishment Exemption Update BlogNovember 30, 2012 By: Mark S. Mitchell Recently, the Florida Legislature amended F.S. § 222.11, the statutory exemption of an individual’s earnings from … Read more
Avoid Potential Lender Liability for Setting Off Against an Account BlogNovember 29, 2012 By: Edward L. Kelly & Scott J. Kennelly A lender’s ability to set off against a borrower’s account can be … Read more