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Senate Action Reverses CFPB Rule, Re-Opens Door to Arbitration Clauses

On October 23, 2017, the U.S. Senate voted by a narrow margin to repeal the Consumer Finance Protection Bureau’s (CFPB) July limit on arbitration clauses in consumer financial contracts. The repeal of the rule effectively limits the institution of class action lawsuits in consumer financial disputes and allows banks and other financial institutions to elect…

Benefits of Legal Document Review Services

When lenders face changing circumstances regarding a loan, the wise course of action is to have a trained eye review the legal and practical implications of a lender’s decision to assert a default, exercise remedies under the loan documents, or to settle the loan. The world of lending gives rise to a surfeit of documents, any…

The Role of a Creditors’ Rights Attorney in Bankruptcy

A debtor’s bankruptcy is a threat to the lender’s interest. In some cases, the creditor’s role in a bankruptcy proceeding is simply a matter of procedure. File forms, get in line, and hope for the best. In other cases, the legal questions are far more complex.  In such cases, consultation with a creditors’ rights attorney may be…

Second Circuit: Debtors Must Pay Secured Creditors Market Rate Interest to Cram Down Chapter 11 Plans

According to an October 16, 2017 article in the New York Law Journal, the judges of the United States Bankruptcy Court for the Southern District of New York “are presiding over a record high number of large mega cases.”  An October 20, 2017 decision of the United States Court of Appeals for the Second Circuit,…

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Big Picture Approach from a Baltimore Creditors’ Rights Attorney

Public perception does not always match reality and in recent years, the banking industry has taken some hits. Creditors have the right to protect their interests but it is important to work with a legal professional who gets the business and has practical foresight. Lenders are necessary market participants that take on risk. This risk…

United States Securities and Exchange Commission v. ISC, Inc.: One Key Stroke On Space Bar Dooms Lender’s Security Interest

Every day, we read about how artificial intelligence will render our jobs obsolete in the foreseeable future.  A recent decision of the United States District Court for the Western District of Wisconsin may provide a glimpse of what a world in which computers rule the world may look like. In United States Securities and Exchange…

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Creditors’ Rights in Chapter 13 Bankruptcy

In Chapter 13 bankruptcy, much of the legal proceedings focus on protecting the rights of the debtor. What can be overlooked is that the process also provides protections for creditors. The Maryland creditor’s rights attorneys of Rosenberg Martin Greenberg are experts in taking the fullest advantage of protections available for an individual or corporate creditor.…

Ninth Circuit Creates Circuit Split On Applicability of Sovereign Immunity To Fraudulent Conveyance Suits Against IRS By Bankruptcy Trustees

In an August 31, 2017 decision in In re DBSI, Inc., the United States Court of Appeals for the Ninth Circuit held that sovereign immunity did not shield the IRS from a suit by a bankruptcy trustee to avoid tax payments as fraudulent conveyances under state law.  The Ninth Circuit disagreed with 2014 decision of…

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Tenancy By Entireties Property In Bankruptcy: The United States District Court for the District of Maryland Adds Another Chapter to An Enigmatic Book

The common law tenancy by the entireties, recognized in Maryland, Virginia, and a few other states, is a strange and mysterious thing.  It is founded on the premise that married persons constitute a “marital unit” that is a legal entity separate and apart from either spouse.  Consequently, neither spouse owns property held as tenants by…

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