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    Maryland Legal Alert - September 2023
    2023-09-06

    In This Issue

    MARYLAND OFR ISSUES GUIDANCE ON EARNED WAGE ACCESS PROGRAMS

    LEASE LIABILITY MAY DISQUALIFY DEBTORS FOR ELIGIBILITY AS A SMALL BUSINESS CHAPTER 11 DEBTOR

    Filed under:
    USA, Maryland, Banking, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Litigation, Gordon Feinblatt LLC, Consumer Financial Protection Bureau (USA), US Congress
    Authors:
    Andrew D. Bulgin , Bryan M. Mull , David S. Musgrave , Christopher R. Rahl
    Location:
    USA
    Firm:
    Gordon Feinblatt LLC
    First Two Bankruptcy Opinions From The U.S. Supreme Court (Reily v. Lamar & U.S. v. Fisher)?
    2023-02-23

    The U.S. Supreme Court issues its first-ever opinion—of any type—on August 3, 1791. [Fn. 1] But it does not address a bankruptcy question for quite some time thereafter. In fact, the first U.S. law on the subject of bankruptcy did not exist until the Bankruptcy Act of 1800.

    First Bankruptcy Opinion

    Filed under:
    USA, Maryland, Insolvency & Restructuring, Litigation, Koley Jessen PC, US Congress, Supreme Court of the United States
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Maryland Legal Alert - July 2022
    2022-07-07

    In This Issue:

    Filed under:
    USA, Maryland, Banking, Competition & Antitrust, Insolvency & Restructuring, Litigation, Gordon Feinblatt LLC, Corporate governance, Debtor, Mortgage loan, Consumer Financial Protection Bureau (USA), Fair Debt Collection Practices Act 1977 (USA), Fourth Circuit
    Authors:
    Bryan M. Mull , Christopher R. Rahl
    Location:
    USA
    Firm:
    Gordon Feinblatt LLC
    Extended CARES Act Bankruptcy Provisions Set to Expire
    2022-03-09

    Among many other accommodations, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) provided small business and individual debtors with expanded access to bankruptcy relief. The extended provisions include:

    Filed under:
    USA, Maryland, Insolvency & Restructuring, Gordon Feinblatt LLC, Bankruptcy, Coronavirus, CARES Act 2020 (USA)
    Authors:
    Bryan M. Mull
    Location:
    USA
    Firm:
    Gordon Feinblatt LLC
    Maryland Bankruptcy Court Proposes Rule to Address Supreme Court Ruling on Estate Property
    2021-11-02

    Maryland Legal Alert for Financial Services

    The Bankruptcy Court for the District of Maryland recently proposed a new local rule in response to the U.S. Supreme Court decision that mere retention of bankruptcy estate property by a creditor post-petition does not amount to an exercise of control over estate property in violation of the automatic stay.

    Filed under:
    USA, Maryland, Insolvency & Restructuring, Litigation, Gordon Feinblatt LLC, Bankruptcy, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Bryan M. Mull
    Location:
    USA
    Firm:
    Gordon Feinblatt LLC
    Tenth Circuit Opinion Reinforces Utility of Loan Modifications and Forbearance Agreements
    2021-08-11

    For lenders dealing with troubled loans, a forbearance agreement or loan modification is often a great solution. An agreement may give borrowers breathing room to get back on the path to compliance or set the stage for a palatable exit strategy. A recent decision from the U.S.

    Filed under:
    USA, Maryland, Banking, Insolvency & Restructuring, Litigation, Gordon Feinblatt LLC, Bankruptcy, Tenth Circuit
    Authors:
    Bryan M. Mull
    Location:
    USA
    Firm:
    Gordon Feinblatt LLC
    A Lien under the Contract Lien Act Cannot Include Future Amounts
    2021-07-21

    In the case of In re Walker, 473 Md. 68 (2021), the Court of Appeals responded to a certified question of law by the U.S. Bankruptcy Court for the District of Maryland (Bankruptcy Court) by stating that a lien under the Maryland Contract Lien Act (MCLA) cannot secure damages, costs of collection, late charges, and attorney's fees that accrue subsequent to the recordation of the lien.

    Filed under:
    USA, Maryland, Insolvency & Restructuring, Litigation, Real Estate, Gordon Feinblatt LLC, United States bankruptcy court
    Authors:
    Edward J. Levin
    Location:
    USA
    Firm:
    Gordon Feinblatt LLC
    Maryland Court Discharges Student Debt
    2021-07-02

    As we reported, on June 21, 2021, the U.S. Supreme Court declined to revisit the rigid Brunner standard for determining “undue hardship” capable of discharging student debt. The same day, United States Bankruptcy Judge Michelle M.

    Filed under:
    USA, Maryland, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Supreme Court of the United States
    Authors:
    Maxwell K. Weiss
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Asbestos Claims Against Bankrupt Entities Barred Under Confirmation Order
    2020-03-04

    United States Bankruptcy Court, D. Maryland. March 02, 2020

    The plaintiffs were various entities who filed for bankruptcy protection under Chapter 11 in 2001. Their bankruptcy confirmation order set a bar date for the filing of claims by creditors against the entities. Nearly 16 years later, asbestos claimants filed claims for exposure to asbestos in Pennsylvania. The plaintiffs then filed suit against the asbestos claimants as an adversarial bankruptcy proceeding. Motions for summary judgment were filed by both sides.

    Filed under:
    USA, Maryland, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Goldberg Segalla LLP, Due diligence
    Location:
    USA
    Firm:
    Goldberg Segalla LLP
    Bankruptcy court rejects bankruptcy claims against Maryland Department of Environment in comprehensive opinion
    2016-08-08

    On August 4, 2016, the Delaware Bankruptcy Court considered cross-motions for summary judgment in a preference action case styled as Pirinate Consulting Group, LLC v. Maryland Department of the Environment (In re NewPage Corp.), Adv. Pro. No. 13-52206 (KG). This gem of an opinion is noteworthy in that it analyzes various defenses raised by a state agency to a preference complaint.

    Filed under:
    USA, Maryland, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Fox Rothschild LLP, United States bankruptcy court
    Authors:
    Carl D. Neff
    Location:
    USA
    Firm:
    Fox Rothschild LLP

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