Creditors' Rights, Bankruptcy and Insolvency

Can a Lender Have a Nondischargeable Claim Against a Business-Entity Borrower That Files Subchapter V Bankruptcy?

Posted on by Neil E. McCullagh in Corporate and Business, Creditors' Rights, Bankruptcy and Insolvency

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?

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Avoiding Bankruptcy Stay Violations: An Update

Posted on by Neil E. McCullagh in Creditors' Rights, Bankruptcy and Insolvency

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...

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New UCC Amendments Address Certain Digital Assets

Posted on by Neil E. McCullagh, Christopher A. Hurley in Corporate and Business, Creditors' Rights, Bankruptcy and Insolvency, Finance

The growth in use of digital assets, such as cryptocurrencies and non-fungible tokensgrowth requires changes to the law.

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The Landlord’s Lien: An Often-Ignored Pitfall for the Secured Creditor

Posted on by Timothy G. Moore in Commercial Real Estate, Corporate and Business, Creditors' Rights, Bankruptcy and Insolvency

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 ...

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Recent Lawsuits Against Home Mortgage Servicers Focus on Bankruptcy Compliance

Posted on by Neil E. McCullagh in Corporate and Business, Creditors' Rights, Bankruptcy and Insolvency

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 ...

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Recent Developments: (A) The “Material Adverse Change” Clause (Part II); and (B) Changes to the Small Business Bankruptcy Debt Limit

Posted on by Neil E. McCullagh in Corporate and Business, Creditors' Rights, Bankruptcy and Insolvency, Litigation

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, ...

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New Virginia Laws Of Which Creditors Should Be Aware

Posted on by Neil E. McCullagh in Creditors' Rights, Bankruptcy and Insolvency

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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