The Absolute Priority Rule in Individual Chapter 11 Bankruptcy Cases lives on … for now BlogDecember 12, 2013 By: J. Ellsworth Summers, Jr. & Armando Nozzolillo The principle behind the absolute priority rule is simple: unsecured creditors should … Read more
Standing qua Mortgagee: Challenging the Assignment of a Mortgage in Federal Court BlogDecember 10, 2013 By: Gabriel Crafton Mortgages are big business. When mortgages are assigned, however, the mortgagor often is a non-party to the … Read more
Detroit Judge Clears Way for Largest Municipal Bankruptcy in Country’s History BlogDecember 9, 2013 By: J. Ellsworth Summers, Jr. & Scott At. Amand The oral summary of Bankruptcy Judge Steven Rhodes’s opinion lasted roughly … Read more
Georgia Non-Judicial Power of Sale Foreclosure – Overview of Procedures BlogDecember 3, 2013 By: E. Carson Lange Given our geographic proximity, it is not uncommon for Florida banks to do business in Georgia … Read more
Minimizing Delay in Owner Occupied Commercial Real Estate Foreclosures in 2013 BlogDecember 1, 2013 By: Douglas L. Waldorf, Jr. On average, a Florida foreclosure can take nearly two years from service of process to … Read more
What is an Allonge? BlogNovember 26, 2013 By: Samantha A. Orender & M. Scott Thomas Given the importance of the allonge in establishing a bank’s standing in … Read more
BAPCPA Backfires: Unsecured Creditor’s Returns Decrease in Post-BAPCPA Landscape BlogNovember 20, 2013 By: J. Ellsworth Summers, Jr. & Scott St. Amand A new study published by the American Bankruptcy Institute has found … Read more
Florida Bans Texting While Driving BlogNovember 14, 2013 By: Adam B. Brandon You may be wondering why an article about the new Florida statute banning texting while driving … Read more
Issues of Agency in Garnishment Procedures BlogNovember 12, 2013 It is well established that after a judgment of default, a creditor may serve a writ of garnishment upon the … Read more
Chapter 20 in the Eleventh Circuit: Modification of Secured Claims Impermissible Without Discharge BlogNovember 7, 2013 By: J. Ellsworth Summers, Jr. & Scott St. Amand Nearly a year ago to the day, we published a post … Read more