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…
Read MoreSnapshot 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…
Read MoreCreditors’ 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.…
Read MoreRicketts v. Strange “Strange” How Simply Checking For a Bankruptcy Filing Can Provide a Complete Defense To a Lawsuit
Parties other than those who file for bankruptcy and discharge their obligations to creditors generally view a bankruptcy filing as a bad thing. The filing of a bankruptcy case prevents creditors from foreclosing on collateral or suing to recover money owed to them and generally results in creditors being paid much less than they are…
Read MoreFourth Circuit Protects Rights of Residential Mortgage Lenders In Chapter 13 Bankruptcy Cases
When a borrower files a bankruptcy case, for almost all purposes, what would commonly regarded as a single claim secured by collateral is subject to being treated as two claims: a “secured claim” in the amount of the value of the collateral securing the claim and an “unsecured claim” in the amount of the difference…
Read MoreThe Perishable Agricultural Commodities Act: Whose Money Is This Anyway?
The Perishable Agricultural Commodities Act (“PACA”) has often produced unwelcome and unexpected results for parties unfamiliar with PACA. Most often, the surprised parties are lenders who make what they think are secured loans to borrowers in the chain of distribution of produce who learn, when the borrowers experience financial problems, that their collateral is illusory. …
Read MoreFourth Circuit Holds That Deposits to Ordinary Bank Account Are Not Transfers That Can Be Avoided By Bankruptcy Trustees
Section 548 of the United States Bankruptcy Code provides that a trustee can recover transfers made by debtors with actual intent to hinder, delay, or defraud creditors during the two years period prior to the filing of the bankruptcy case from the recipients of the transfers. The Code defines “transfer” broadly to include any “mode,…
Read MoreThird Circuit Upholds Lender’s Right to Early Redemption Premium In Bankruptcy
On November 17, 2016, the United States Court of Appeals for the Third Circuit issued its opinion in In re: Energy Future Holdings Corp. The Third Circuit reversed a ruling by the United States Bankruptcy Court for the District of Delaware that had been affirmed on appeal by the District Court that lenders were not…
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