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In re: Titus – Fraudulent Conveyance Law Defeats Exemption Rights

Many states, including Maryland and Pennsylvania, recognize the common law form of ownership of property as “tenants by the entireties” for both real and personal property, including bank accounts.  Under that form of ownership, a husband and wife are a “marital unit” that is a different legal entity than the husband or the wife individually. …

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Fourth Circuit Allows Unsecured Creditors to Assert Claims for Attorneys’ Fees In Bankruptcy Cases

Lawyers who represent debtors in bankruptcy cases, supported by rulings from many bankruptcy judges, have long taken the position that creditors with unsecured claims whose agreements with their debtors provide for payment of the creditors’ enforcement expenses, including attorneys’ fees, are not entitled to assert claims for such expenses in bankruptcy cases.  This view has…

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Opportunity Zones: The Good, the Bad, and the Yet to be Defined

Date: January 17, 2019 | Authors: Brandon N. Mourges, Michael J. March The Tax Cuts and Jobs Act (“TCJA”) provided the most comprehensive update to the tax code in over two decades. Of the many changes the TCJA provided, Sections 1400Z-1 and 1400Z-2 of the IRC are of the most heavily discussed and analyzed by taxpayers and tax practitioners.…

The ABL Collision Course

Commercial lenders that originate asset-based lending (“ABL”) credit facilities are finding themselves in an increasingly competitive market. Large national banks grab the bulk of the multi-million dollar ABL credit line business. Lightly regulated non-bank ABLs serve smaller markets with loan facilities ranging from $3 million to $30 million. Community and regional banks seek to hold…

Lender Compliance with New Customer Due Diligence Rules

Lenders should have completed implementation of procedures for compliance with new regulations that become effective on May 11, 2018, informally known as the “Know Your Customer” requirements. Those regulations focus primarily on identifying the beneficial ownership of financial institution accounts. Lenders should not let those beneficial ownership regulations overshadow the new customer due diligence (CDD)…

Seventh Circuit Affirms Dismissal of Student Athletes’ Suit Seeking Federal Minimum Wage, But Concurrence Leaves Room For a Different Result in Future Cases

On December 5, 2016, the federal Seventh Circuit Court of Appeals affirmed a trial court’s dismissal of a suit brought by two former members of the University of Pennsylvania’s (“Penn”) women’s track and field team.[1]  The student athletes sued Penn, the NCAA, and more than 120 other NCAA Division I colleges and universities.  The theory…

Oh What A Difference A Day Makes: Ninth Circuit Bankruptcy Appellate Panel Holds That Check Written Before Bankruptcy Filing, But Honored After Bankruptcy Is Post-Petition Transfer

“Transfers,” and when they occur, are important under the Bankruptcy Code for a number of reasons.  Trustees may recover as a “preference” any “transfer…to of for the benefit of a creditor…for or on account of an antecedent debt…made within 90 days before the date of the filing of the petition…that enables such creditor to receive…

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Supreme Court Patent Case Could Affect Bankruptcy Court Authority

The bankruptcy system is facing a potential upheaval from an unlikely front: a patent dispute. The U.S. Supreme Court has heard oral arguments and is now considering the case Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, and its separation of powers issues could have a drastic effect on the operation of American…

Snapshot of the New Federal Bankruptcy Rules

In April 2017, the U.S. Supreme Court gave Congress a number of proposed amendments to the Federal Rules of Bankruptcy Procedure (FRBP). Congress approved those amendments, and they became effective on December 1, 2017. Some of the advantages in the new amendments go to consumers who declare bankruptcy in Federal Court. The lending and banking…

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