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    10th Cir. Rejects Action to Void Foreclosure Sale Based on Prior TILA Cancellation Demand
    2017-07-03

    The U.S. Court of Appeals for the Tenth Circuit recently held that a borrowers’ federal court claim attempting to void a foreclosure sale based on a prior demand to cancel the loan under the federal Truth in Lending Act (TILA) was barred by claim preclusion for failure to raise the issue in a prior state court action.

    A copy of the opinion is available at: Link to Opinion.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Bankruptcy, Res judicata and issue estoppel, Mortgage loan, Deed of trust (real estate), Truth in Lending Act 1968 (USA)
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Res Judicata Does not Apply to "Deemed Allowed" Proofs of Claim
    2017-04-24

    In two recent decisions, both the United States Courts of Appeals for the Fourth Circuit (Fourth Circuit) and the Fifth Circuit (Fifth Circuit) concluded that certain orders entered in bankruptcy cases could not be grounds for invocation of res judicata with regard to proofs of claim that are deemed allowed. Both addressed the plain language of Section 502(a) of the United States Bankruptcy Code (the Code) in conjunction with relevant Bankruptcy Rules and Official Forms, and congressional intent.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Res judicata and issue estoppel
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Eleventh Circuit Permits Lower Court Judgment to Be Vacated After Settlement
    2016-07-26

    Parties to an appeal who condition a settlement on the vacating of the lower court’s judgment “may still [have] an appropriate remedy,” held the U.S. Court of Appeals for the Eleventh Circuit on July 12, 2016. Hartford Cas. Ins. Co. v. Crum & Forster Specialty Ins. Co., 2016 U.S. App LEXIS 12813, *15 (11th Cir. July 12, 2016). Reversing the district court’s “narrow” refusal to vacate its judgment after the parties had settled, the Eleventh Circuit found that “exceptional circumstances” warranted the vacatur. Id., at *3, *14.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Debtor, Res judicata and issue estoppel, Vacated judgment, Eleventh Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Barred by Res Judicata & Judicially Estopped - Court Finds That Netflix Has No Chill
    2016-06-15

    By now (unless you’ve been living under a rock), we’re all familiar with the expression, “Netflix and chill.” It’s everywhere. Flooding your Instagram feed with duplicitous memes. Halloween costumes. Really, really bad pick-up lines. Like the many trite colloquialisms that have come before it, Netflix and chill’s ubiquity has begun to wane with overuse and time.

    Filed under:
    USA, New York, Arbitration & ADR, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Res judicata and issue estoppel, Netflix, Supreme Court of the United States
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Lookback Period - Twelve Weeks (pt 2)
    2016-05-25

    Perhaps Next Time the Debtor Will Speak Up a Little Sooner

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Res judicata and issue estoppel, Liquidation, United States bankruptcy court, Fourth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Finance litigation briefing October 2016: report and review on the latest cases and issues
    2016-10-31

    Gowling WLG's finance litigation experts bring you the latest on the cases and issues affecting the lending industry.

    Uncrystallised pension pot remains protected following bankruptcy

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, White Collar Crime, Gowling WLG, Bankruptcy, Fraud, Abuse of process, Solicitor, Res judicata and issue estoppel, Debt, Legal burden of proof, Witness, Initial public offerings, Insolvency Act 1986 (UK), Pensions Act 1995 (UK), Trustee, Court of Appeal of England & Wales
    Authors:
    Greg Standing , Ian Weatherall
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    N.Y. Bankruptcy Court: MERS lacks authority to assign mortgages
    2011-02-25

    In a ruling that borrowers may try to use in seeking to delay foreclosures or bankruptcy proceedings on proofs of claim, the U.S. Bankruptcy Court for the Eastern District of New York finds that the Mortgage Electronic Registration System (MERS) lacks authority to assign mortgages.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Ballard Spahr LLP, Bankruptcy, Debtor, Interest, Res judicata and issue estoppel, Mortgage loan, Foreclosure, Standing (law), Default judgment, Secured creditor, United States bankruptcy court
    Location:
    USA
    Firm:
    Ballard Spahr LLP
    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
    Authors:
    Aimee M. Cummo , Stephen Kudenholdt , Hugh M. McDonald , Mitchell G. Williams
    Location:
    USA
    Firm:
    Dentons
    Appellants' brief filed in New York Court of Appeals in case alleging fraudulent restructuring by MBIA
    2011-03-28

    On March 16, 2011, plaintiffs in ABN Amro Bank, et al. v. MBIA Inc., et al. filed their opening brief in the New York Court of Appeals. Plaintiffs are appealing the 3-to-2 decision of an intermediate appellate court dismissing their suit challenging the "fraudulent restructuring" of monoline insurer MBIA. The case, brought by a group of banks that are beneficiaries of MBIA's structured finance-related policies, claims that MBIA transferred $5 billion in assets from MBIA Insurance Corporation (a failing subsidiary) to MBIA Illinois (a stronger subsidiary).

    Filed under:
    USA, New York, Insolvency & Restructuring, Insurance, Litigation, Orrick, Herrington & Sutcliffe LLP, Fraud, Res judicata and issue estoppel, Legal burden of proof, New York State Insurance Department
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    Bankruptcy court denies debtor’s challenges to prepayment premium and application of state interest rate
    2012-10-15

    A New York bankruptcy court recently rejected a debtor’s challenge to a consensual state court judgment (“Judgment”) in favor of mortgagee, General Electric Capital Corporation (“GECC”), that had accelerated a debt and obtained a prepetition foreclosure judgment against debtor, 410 East 92nd Street (the “Hotel”), in the amount of approximately $74 million. In re: Madison 92nd St. Associates LLC, 472 B.R. 189 (Bankr. S.D.N.Y. 2012).

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Chadbourne & Parke LLP, Bankruptcy, Debtor, Res judicata and issue estoppel, Foreclosure, United States bankruptcy court
    Authors:
    Pooja Asnani
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP

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