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    House Judiciary Committee holds hearing on mortgage modification in bankruptcy
    2009-01-23

    Yesterday, the House Judiciary Committee held a hearing to discuss two proposed bills, H.R. 200, the “Helping Families Save Their Homes in Bankruptcy Act of 2009” and H.R. 225, the “Emergency Homeownership and Equity Protection Act", that would allow bankruptcy judges to modify the terms of certain mortgages on principal homes during bankruptcy proceedings. H.R.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Consumer protection, Mortgage loan, Foreclosure, Good faith, US Senate, US House of Representatives, US House Committee on the Judiciary, Citigroup, Citibank, United States bankruptcy court
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Citibank to support bankruptcy reform
    2009-01-09

    On January 6, 2009, Senator Richard Durbin (D-IL) re-introduced H.R. 200, “Helping Families Save Their Homes in Bankruptcy Act.” First introduced in the fall of 2007 by Durbin in the Senate and by Rep. John Conyers (D-MI) in the House, this bill has been the subject of three hearings, but faces opposition primarily from Republicans and representatives of the mortgage industry.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Debtor, Mortgage loan, Foreclosure, US Senate, US House of Representatives, Citigroup, Citibank, United States bankruptcy court, Chief executive officer
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Russian insolvency moratorium - issues to consider
    2020-05-01

    In light of the coronavirus pandemic, the Russian Federal Law "On Insolvency (Bankruptcy)" (the "Bankruptcy Law") has been amended to allow the Russian Government to introduce a moratorium on filing of insolvency claims.

    Filed under:
    Russia, Insolvency & Restructuring, Hogan Lovells, Foreclosure, Moratorium (law), Coronavirus
    Location:
    Russia
    Firm:
    Hogan Lovells
    Bad facts make bad law: another attack on MERS
    2011-03-01

    On February 10, 2011, the United States Bankruptcy Court for the Eastern District of New York issued a memorandum decision addressing whether the alleged holder of a mortgage loan had sufficient status as a secured creditor to seek relief from the automatic stay to pursue a foreclosure action.1 After resolving the primary issue in controversy on purely procedural grounds and granting the requested relief, the Court analyzed whether an entity that acquires its interest in a mortgage loan through an assignment from Mortgage Electronic Registration Systems, Inc.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Dentons, Debtor, Res judicata and issue estoppel, Mortgage loan, Foreclosure, Standing (law), Secured creditor, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Dentons
    Reorganization of multi-unit residential developments
    2009-11-30

    Over the last two years, with the fluctuations in the economic market, commercial real estate in distress has become a lively topic among insolvency practitioners and even in court decisions.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Real Estate, Dentons, Debtor, Commercial property, Foreclosure, Secured loan
    Authors:
    David W. Mann , David LeGeyt
    Location:
    Canada
    Firm:
    Dentons
    Court denies CCAA protection for debtor companies
    2009-09-23

    In a recent decision released by Madam Justice Kent of the Alberta Court of Queens Bench (the “Court”) the Court declined to grant Octagon Properties Group Ltd. and certain affiliates (“Octagon” or the “Debtors”) relief pursuant to the Companies’ Creditors Arrangement Act, R.S.C. 1985 c.C36 (“CCAA”).

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Shareholder, Debtor, Unsecured debt, Interest, Mortgage loan, Foreclosure, Liquidation, Stakeholder (corporate), Cashflow, Default (finance), Debtor in possession
    Authors:
    Roger Jaipargas
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Bankruptcy court sanctions home foreclosure processing servicer
    2011-04-18

    On April 7th, a federal bankruptcy court sanctioned Lender Processing Services, Inc., a home foreclosure service provider against whom the Federal Reserve Board and OCC have initiated enforcement action. The opinion explains LPS's business model and that model's failings, and cites case law documenting LPS's historic shortcomings. It reminds litigants that proving a default is the lender's, not counsel's, responsibility. In re Ron Wilson, Sr.  

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Foreclosure, Federal Reserve Board, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Third Circuit applies Rooker-Feldman doctrine to case seeking rescission of a mortgage
    2009-11-16

    On November 12th, the Third Circuit affirmed both bankruptcy and district court findings that, under the Rooker-Feldman doctrine, federal courts lacked subject matter jurisdiction over a claim seeking rescission of a mortgage filed in an adversarial action in federal bankruptcy court after a state court entered a default foreclosure order on that mortgage. The Third Circuit held further that the entry of summary judgment against plaintiff on her Truth in Lending Act claim was proper.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Mortgage loan, Foreclosure, Default (finance), Subject-matter jurisdiction, Truth in Lending Act 1968 (USA), United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Deeds in lieu: merger doctrine does not apply where grantee is senior lienholder
    2015-01-30

    Introduction

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Real Estate, Katten Muchin Rosenman LLP, Debtor, Foreclosure, Deed, Default (finance)
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Delaware Bankruptcy Court dismisses Chapter 11 petition of mezzanine borrower as filed in bad faith
    2012-01-24

    The United States Bankruptcy Court for the District of Delaware (the Court) recently granted a motion to dismiss a mezzanine borrower’s chapter 11 bankruptcy petition at the outset of the debtor’s case.1 In In re JER/Jameson Mezz Borrower II, LLC, The Court found that the debtor’s petition had been filed in bad faith because, among other things, a junior mezzanine lender had directed the debtor to file the petition with the intent of hindering a senior mezzanine lender’s foreclosure efforts and without any valid reorganization purpose.

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Debtor, Foreclosure, Bad faith, Deed of trust (real estate), United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP

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