Bankruptcy Blogs

Memory Lane: How the '95 Government Shutdown Affected Banks

04/07/11

If the budget impasse forces a government shutdown, most of the federal banking agencies will remain open. But history shows a federal shutdown can affect banks in other ways.

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CBS 60 Minutes on Fraudulent Mortgage Documents

04/07/11

The CBS news show 60 Minutes produced a show on fraudulent mortgage documents. The show touches on a lot of the issues we have been discussing here on A Clean Slate.

There are two segments worth watching. This is the link to the main show on YouTube. And here is a link to a second online piece that follows up on some of the issues in the main piece.

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The Debt Ceiling: What Is It (and why do we care)?

04/06/11

As Congress argues over what to argue about, they are avoiding dealing with THE major financial issue that needs to be resolved now

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The Debt Ceiling: What Is It (and why do we care)?

04/06/11

As Congress argues over what to argue about, they are avoiding dealing with THE major financial issue that needs to be resolved now

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In Re TOUSA: District Court Reverses Bankruptcy Court's Order Requiring Lenders To Disgorge $480 Million As Fraudulent Transfer

04/05/11

On February 11, 2011, the Hon. Alan Gold of the United States District Court for the Southern District of Florida issued a 113 page opinion and order quashing the bankruptcy court's order requiring the lenders involved in TOUSA, Inc.'s Transeastern joint venture to disgorge, as fraudulent transfers under Section 548 of the Bankruptcy Code, settlement monies that they had received on July 31, 2007 in repayment of their existing debt and to pay prejudgment interest on such monies, for a total disgorgement in excess of $480 million.

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In Re TOUSA: District Court Reverses Bankruptcy Court's Order Requiring Lenders To Disgorge $480 Million As Fraudulent Transfer

04/05/11

On February 11, 2011, the Hon. Alan Gold of the United States District Court for the Southern District of Florida issued a 113 page opinion and order quashing the bankruptcy court's order requiring the lenders involved in TOUSA, Inc.'s Transeastern joint venture to disgorge, as fraudulent transfers under Section 548 of the Bankruptcy Code, settlement monies that they had received on July 31, 2007 in repayment of their existing debt and to pay prejudgment interest on such monies, for a total disgorgement in excess of $480 million.

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Greater Atlanta Brokerage Solutions, LLC (d/b/a ReMax Greater Atlanta) Selected Documents

04/04/11

The following documents are for the benefit of the creditors of Greater Atlanta Brokerage Solutions, LLC (d/b/a ReMax Greater Atlanta), Chapter 11 Case No. 11-60628 (N.D. Ga.).

Schedules and Statement of Financial Affairs (Dkt. No. 97).

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Keep the Mortgage, Switch the House

04/04/11

For underwater borrowers looking to relocate, why not allow banks to simply substitute new collateral for old, charging a fee for the service?

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American Bankruptcy Institute Podcast: Examining the Mortgage Foreclosure Documentation Mess

04/04/11

Last fall, I had the honor and pleasure of being interviewed for an American Bankruptcy Institute podcast with Professor Laura Bartell about foreclosure fraud and the problems in mortgage documentation.  The podcast came out just as the robosigning scandal was coming to light, but a lot of the discussion remains relevant.

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Chapter 13 Debtor Opposition To Late Filed Unsecured Claim

04/04/11

Chapter 13 bankruptcy cases have claim deadlines by which date the debtor’s creditors are supposed to file claims in order to be included in the roster of creditors entitled to distributions of money out of the Chapter 13 plan. I represent a debtor who prior to filing owed money to a law firm which represented him in a pre-bankruptcy legal matter. Three months after the Chapter 13 claim deadline the law firm filed an unsecured claim.

The first question is whether or not the debtor cares if an unsecured creditor files a late claim.

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