Bankruptcy Blogs

Another Key Deal Reached in Howrey Bankruptcy

12/30/14

The money keeps rolling in for creditors of Howrey LLP, the Washington, D.C.-based law firm that went out of business in 2011.

In the latest settlement struck by Howrey trustee Allan Diamond, a group of former Howrey leaders and a law firm that initially advised the defunct firm on its bankruptcy have agreed to pay $1.85 million.

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The Daily Docket: Energy Future Still Hiring Advisers

12/30/14
The TXU Monticello Steam Electric Station power plant near Mount Pleasant, Texas, in February 2007.
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Debt Collection Law Warped by New Breed of Suits

12/30/14

Borrowers who are being sued by lenders over the money owed on foreclosed mortgages are making novel use of the Fair Debt Collection Practices Act. They argue that they cannot be sued if they live in a state different from the one where the property is located.

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Discussion: Should Loan Officers Have More Skin in the Game?

12/29/14

Incentives for companies aren't the same as incentives for people. The QRM risk-retention rule doesn't solve "IBG, YBG" Â-- "I'll be gone, you'll be gone." Banks appear to have been slow to adopt clawback policies for individual lenders.

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Second Circuit Holds RMBS-issued Certificates Are Exempt from the TIA

12/29/14

On December 23, 2014, the United States Court of Appeals for the Second Circuit issued an opinion on an issue of first impression, namely the scope of § 304(a)(2) of the Trust Indenture Act of 1939, 15 U.S.C. §§ 77aaa-77aaaa (the “TIA”), and its application to certificates issued by trusts under pooling and servicing agreements (“PSAs”).  See Ret. Bd. of Policemen’s Annuity & Benefit Fund v. Bank of N.Y. Mellon, Nos. 13-1776-cv, 13-1777-cv (2d Cir. Dec. 23, 2014).

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The Daily Docket: Aereo Approved to Auction TV Streaming Technology

12/29/14

A bankruptcy judge said Aereo Inc. can auction its TV streaming technology after the company struck a deal with broadcasters over the sale process. The Wall Street Journal has the Daily Bankruptcy Review article here.

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Morning Scan: Deck the Halls and Close Brokers' Loopholes; Title Lending Boom

12/29/14

Wall Street Journal

It's about to get harder for brokers to hide their dirty laundry from clients, according to the paper. The Financial Industry Regulatory Authority will begin sharing with state insurance regulators a monthly list of securities brokers who have been banned or suspended from the industry. The move stems from concerns that regulatory gaps have allowed some brokers to continue peddling financial products to clients even after they have been nailed for misconduct. A...

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New Finance Redefines What's Possible

12/29/14

Innovations in payments and e-commerce are just getting started. The world of "New Finance" is one of endless possibilities.

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Egenix, Inc. files for Bankruptcy in Delaware

12/28/14

On December 28, 2014, Egenix, Inc. filed for bankruptcy with the United States Bankruptcy Court for the District of Delaware.  As of today’s date, the only document filed with the Court in this action is the petition itself.  According to the petition, Egenix has $500,000 to $1 million in estimated assets, and $1 million to $10 million in estimated debts.

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Foreclosure News: Who Gets to Decide Whether a State is a Judicial Foreclosure State or a Non-Judicial Foreclosure State, Legislatures or the Mortgage Industry?

12/27/14

Apparently some mortgage lenders feel they can make this change unilaterally. Big changes are afoot in the process of granting a home mortgage, which could have a significant impact on a homeowner’s ability to fight foreclosure.

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