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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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Maryland Mechanic’s Lien Essentials for Real Estate Lenders

A common question posed by out-of-state lenders making a real estate secured loan in Maryland involves the creditor-friendly mechanic’s lien statute.  The question is often posed in two parts:  whether (i) the establishment of a Mechanic’s Lien can prime the lien priority of subsequent construction advances secured by a recorded, first-lien deed of trust on…

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Real Estate Notes: Differing Investment Approaches

Over the past decade, fluctuations in the real estate market have driven many real estate investors to move to investing in notes. Real estate notes offer many benefits to those looking to reap the rewards of real estate investment while minimizing risk. The real estate investment and note sales attorneys at Rosenberg Martin Greenberg are…

The Value of Counsel in Class Action Lawsuit Defense

From the banking industry to insurance, consumer sales to data protection, class action lawsuits put millions or even billions of dollars at stake. News coverage of a string of recent scandals and resulting litigation have brought increased attention to the vulnerability of the banking and financial industry to class actions. In fighting these cases, it…

Seventh Circuit Holds That Adverse Domination Doctrine Does Not Toll Statute of Limitations On Claims Against Debtor’s Principals When A Creditors’ Committee Is Appointed

When a corporation files a case under Chapter 7 of the United States Bankruptcy Code, a “bankruptcy estate,” consisting of all of the corporation’s assets as of the petition date, including causes of action against the corporation’s officer and directors, is created and a trustee is appointed to administer the estate.  The trustee’s powers include…

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