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    Practice pointer 2.0: bankrupt plaintiffs
    2012-06-29

    Not too long ago we advised that it’s a good idea to check whether your plaintiffs were actually alive when they filed their suits.  We’d like to amend that to add that it’s also a good idea to check whether your plaintiffs were financially alive as well.  

    Filed under:
    USA, Massachusetts, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy
    Authors:
    James M. Beck
    Location:
    USA
    Firm:
    Reed Smith LLP
    ‘Substantive rights’ not assignable, intercreditor voting rights assignment nullified
    2012-03-15

    In re SW Boston Hotel Venture, LLC, 460 B.R. 38 (Bankr. D. Mass. 2011)

    CASE SNAPSHOT

    Filed under:
    USA, Massachusetts, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Condominium, Secured creditor
    Authors:
    Christopher O. Rivas
    Location:
    USA
    Firm:
    Reed Smith LLP
    Bankruptcy Court holds assignment of voting right unenforceable
    2011-11-29

    The Bankruptcy Court for the District of Massachusetts recently issued an opinion in In re SW Boston Hotel Venture, LLC1 in which it found, among other things, that the assignment of voting rights from a junior creditor to a senior creditor pursuant to an intercreditor agreement was unenforceable. The opinion was rendered in connection with the court’s decision to confirm the plan proposed by the debtor, the owner of the W Hotel in Boston.

    Background

    Filed under:
    USA, Massachusetts, Insolvency & Restructuring, Litigation, Mayer Brown, United States bankruptcy court
    Authors:
    Brian Trust , Frederick D. Hyman
    Location:
    USA
    Firm:
    Mayer Brown
    Massachusetts Attorney General criticizes multistate settlement efforts over banks' foreclosure practices
    2011-10-31

    Dissatisfied with the ongoing multistate and federal efforts to reach a settlement agreement with major U.S. banks over unlawful foreclosure practices, Massachusetts Attorney General Martha Coakley indicated that her office was independently preparing to file several lawsuits. A number of U.S. states, along with the U.S. Department of Justice, have accused the five largest mortgage servicers, Bank of America Corp., Citigroup Inc., JPMorgan Chase & Co., Ally Financial and Wells Fargo & Co., of failing to follow proper foreclosure procedures.

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Sedgwick LLP, Mortgage loan, Foreclosure, US Department of Justice, Wells Fargo, JPMorgan Chase, Bank of America, Ally Financial, Citigroup, New York Attorney General, Massachusetts Attorney General, California Attorney General
    Authors:
    Eric C. Scheiner , Jennifer Q. Broda , Thomas R. Orofino , Jennifer Hamilton , Matthew M. Ferguson
    Location:
    USA
    Firm:
    Sedgwick LLP
    Massachusetts high cost home loan law is preempted by TILA, court rules
    2011-09-30

    The U.S. Bankruptcy Court for the District of Massachusetts ruled that the Massachusetts Predatory Home Loan Practices Act, Chapter 183C of the General Laws of Massachusetts, is preempted by the high cost home loan provisions of the federal Truth in Lending Act (“TILA”) for federally chartered depository institutions. The July 27 ruling came in a case brought by Massachusetts residents who had jointly received a home mortgage loan from a national bank.

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Litigation, Nutter McClennen & Fish LLP, Federal preemption, Tax exemption, Credit (finance), Consumer protection, Mortgage loan, Depository institution, US Federal Government, Federal Reserve (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Truth in Lending Act 1968 (USA), Supreme Court of the United States, United States bankruptcy court, US District Court for District of Massachusetts
    Authors:
    Kenneth F. Ehrlich , Michael K. Krebs
    Location:
    USA
    Firm:
    Nutter McClennen & Fish LLP
    The District of Massachusetts Calls for Review of Practice of “Surrendering” Underwater Property
    2016-04-13

    For secured lenders, a consumer debtor’s chapter 13 bankruptcy filing can be a mixed bag.

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Litigation, Real Estate, Murtha Cullina LLP, Bankruptcy, Debtor, Foreclosure, Deed
    Authors:
    Spencer A. Stone , Sarah Gruber , Robert E. Kaelin
    Location:
    USA
    Firm:
    Murtha Cullina LLP
    Court Finds Sun Funds Liable for Withdrawal Liability of Portfolio Company
    2016-03-31

    On remand by the First Circuit Court of Appeals, the Federal District Court of Massachusetts found Sun Capital Partners III, LP (“Sun Fund III”) and Sun Capital Partners IV, LP (“Sun Fund IV, and together with Sun Fund III, the “Sun Funds”) liable for the withdrawal liability of Scott Brass, Inc.

    Filed under:
    USA, Massachusetts, Corporate Finance/M&A, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Haynes and Boone LLP, Liability (financial accounting), Portfolio (finance), Sun Capital Partners
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    The Lesson of In Re: Nealon - Homestead Is a Protection Worth Maximizing
    2016-02-24

    Every Massachusetts homeowner should be aware of the opportunities that are available for protecting the equity in the family home. A recent bankruptcy case, In re: Nealon, reminds us of one such opportunity – the Massachusetts homestead exemption — and its power to stave off creditors, especially when the homeowner takes the simple steps necessary to maximize the amount entitled to protection.

    Filed under:
    USA, Massachusetts, Insolvency & Restructuring, Litigation, Real Estate, Nutter McClennen & Fish LLP
    Authors:
    John G. Loughnane
    Location:
    USA
    Firm:
    Nutter McClennen & Fish LLP
    Massachusetts Bankruptcy Court: purchaser of mortgage lacks standing to seek relief from bankruptcy stay to foreclose where it lacks evidence of transfers of mortgage
    2008-10-22

    The United States Bankruptcy Court for the District of Massachusetts recently denied a mortgage purchaser’s Motion for Relief from Automatic Stay of Chapter 13 proceedings on the ground that the purchaser lacked standing where it could not provide documentary evidence showing each transfer of the mortgage. In re Robin Hayes, Case No. 07-13967-JNF (August 19, 2008).

    In November 2004, the Debtor, Robin Hayes, obtained a $324,000 mortgage from Argent Mortgage Company LLC (“Argent Mortgage”). The mortgage subsequently was sold and ultimately ended up with Deutsche Bank.

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Litigation, Locke Lord LLP, Bankruptcy, Debtor, Security (finance), Interest, Subprime lending, Mortgage loan, Foreclosure, Standing (law), Deutsche Bank, Citigroup, United States bankruptcy court, US District Court for District of Massachusetts
    Location:
    USA
    Firm:
    Locke Lord LLP
    Misrepresentation — In re Nosek
    2009-01-19

    A federal bankruptcy imposed sanctions against two mortgage companies and their attorneys for making misrepresentations as to which party was the true holder of the mortgage and note. Decisions such as the one in In re Nosek resonate with particular significance as the mortgage crisis continues to have widespread ramifications.  

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Discovery, Mortgage loan, Misrepresentation, Capital punishment, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Reed Smith LLP

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