On February 27, 2018, the United States Supreme Court issued its opinion in Merit Management Group, LP v. FTI Consulting, Inc. to resolve conflicting Circuit Court interpretations of Bankruptcy Code Section 546(e).  Although the Merit opinion is unanimous and appears straightforward on first reading, fertile grounds for future litigation remain. Section 546(e) is commonly referred…

For a number of reasons, real property usually sells for less at foreclosure than it would in an arms-length negotiated sale.  A June 29, 2017 decision by the Maryland Court of Special Appeals provides an example of the kinds of unknown risks foreclosure sale purchasers, including lenders, may face that dictate that they not pay…

The Maryland Collection Agency Licensing Act, codified in the Business Regulations Article of the Annotated Code of Maryland, requires any person who “does business as a collection agency in the State” to obtain a license from the Maryland Collection Agency Licensing Board.  Maryland’s second highest court, the Court of Special Appeals, held in 2013 that…

Launched in response to the financial crisis of 2008, the federal Home Affordable Modification Program (HAMP) officially ended on December 31, 2016, with approximately 2.8 million homeowners having been granted permanent modifications to their mortgage loans. Recent reporting from the Treasury Department heralded HAMP as having been a success in many ways, and its conclusion…

In a May 2015 opinion, the United States Court of Appeals for the Third Circuit approved the “structured dismissal” of the Chapter 11 bankruptcy case of Jevic Holding Corporation.  In Jevic, the secured creditors paid $2 million into an account to be used to pay the attorneys’ fees of Jevic and the Official Committee of…