by Jeremy Rickson | May 29, 2015 | Banking, Creditors’ Rights & Bankruptcy, Financial Services, Litigation, News, Real Property & Land Use
As an update to our blog post of November 25, 2014 (below), the United States District Court for the District of Oregon recently changed course with regard to property surrendered in bankruptcy, vacating and remanding In re Watt. Judge Ann Aiken recognized the lack of...
by Jeremy Rickson | Feb 17, 2015 | Banking, Creditors’ Rights & Bankruptcy, Financial Services, News
The Foreclosure Relief and Extension for Service Members Act of 2014 provides that if a mortgage was obtained before a service member was an active duty member of the military, then they are protected from foreclosure for a period of time upon return from active...
by Jeremy Rickson | Feb 17, 2015 | Banking, Creditors’ Rights & Bankruptcy, Financial Services, Litigation, News
For Lenders who maintain perfected security interests in collateral and their counsel, the Second Circuit’s recent decision In Re Motors Liquidation Company, et al. will go down in history as a middle of the night sweat inducing source of anxiety. The characters and...
by Jeremy Rickson | Nov 25, 2014 | Banking, Creditors’ Rights & Bankruptcy, Financial Services, Litigation, News, Real Property & Land Use
Financial Services clients are in for a surprise if they read In Re Watt from the US Bankruptcy Court for the District of Oregon stating that, without consent, banks own property surrendered in bankruptcy. The court wrote that USC 1322(b)(9) does not restrict a court...