Creditors' Rights, Bankruptcy and Insolvency
Can a Lender Have a Nondischargeable Claim Against a Business-Entity Borrower That Files Subchapter V Bankruptcy?
Let's review: Can a claim against a borrower that is a business entity be declared nondischargeable in the borrower’s Subchapter V bankruptcy case?
Continue ReadingAvoiding Bankruptcy Stay Violations: An Update
Introduction In 2021, the U.S. Supreme Court ruled that a creditor did not violate the automatic stay in bankruptcy when it refused to surrender vehicles after the owners filed Chapter 13 bankruptcy c...
Continue ReadingNew UCC Amendments Address Certain Digital Assets
The growth in use of digital assets, such as cryptocurrencies and non-fungible tokensgrowth requires changes to the law.
Continue ReadingThe Landlord’s Lien: An Often-Ignored Pitfall for the Secured Creditor
written by: Timothy G. Moore; Karl A. Moses, Jr; Neil E. McCullagh The landlord’s lien is a statutory remedy in Virginia that is often overlooked by creditors who lend to individuals or entities who ...
Continue ReadingRecent Lawsuits Against Home Mortgage Servicers Focus on Bankruptcy Compliance
The past year has brought notable court decisions regarding alleged failures by home mortgage servicers to comply with bankruptcy rules and orders. The stakes have been high, with the servicers often ...
Continue ReadingRecent Developments: (A) The “Material Adverse Change” Clause (Part II); and (B) Changes to the Small Business Bankruptcy Debt Limit
RECENT DEVELOPMENTS: (A) THE “MATERIAL ADVERSE CHANGE” CLAUSE (PART II); AND(B) CHANGES TO THE SMALL BUSINESS BANKRUPTCY DEBT LIMIT. Two years ago, as COVID began to take its toll on the economy, ...
Continue ReadingNew Virginia Laws Of Which Creditors Should Be Aware
Earlier this year, we highlighted Virginia’s recent changes to the required notice for a foreclosure on owner-occupied residential real estate. That article can be found here. In this article, we high...
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