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Bankruptcy Blog

We provide insight and analysis on complex issues affecting distressed businesses or funds throughout the United States and abroad. Our Bankruptcy team is available to speak on various bankruptcy issues and claims. Contact us to learn more.

Bankruptcy Blog
August 30, 2021

Tricky Moves May Doom Your Chapter 11 Plan

Recently, a bankruptcy judge denied confirming a Chapter 11 plan because the Debtor preferred one creditor among a class of creditors over the others. Section 1122(a) is a mandatory prerequisite for confirmation. That section requires Chapter 11 plans place substantially similar claims in the same class.

Bankruptcy Blog
August 26, 2021

Mortgage Lenders and Landlords: Your Compliance with Consumer Statutes is on the Consumer Financial Protection Bureau’s Agenda

In a July 1, 2021, statement, the Consumer Financial Protection Bureau (the “CFPB”) warned landlords and consumer reporting agencies to report rental and eviction information accurately. Among other information in the CFPB’s statement, the CFPB identified plans to watch closely whether mortgage companies and landlords are properly reporting: (i) amounts paid on behalf of a tenant through a government grant or relief program, as well as (ii) fees or penalties prohibited by the CARES Act section 4024(b) or other laws.

Bankruptcy Blog
August 24, 2021

Mortgage Attorneys Beware! A Bankruptcy Court May Enforce a Lower Interest Rate on a Mortgage Adopted by a Judgement of Foreclosure.

Specifically, where a mortgage creditor did not assert the default rate provided in an action taken to judgment on foreclosure, the bankruptcy court enforced the mortgage interest rate from a state court foreclosure order and determined the total debt to creditor based on the contract rate of 3.25% per annum “through the date to which such interest [was] computed,” versus the higher 18% default rate to which the creditor was contractually entitled had it properly asserted its claim.

Bankruptcy Blog
August 23, 2021

Are Critical Vendor Payments Protected from Recovery by a Chapter 7 Trustee? Maybe Not.

To recover a claim under section 547, a Chapter 7 trustee must prove a transfer was made to or for the benefit of a creditor; on account of an antecedent debt; while the debtor was insolvent; within 90 days before the filing of the bankruptcy petition (or between 90 days and one year for transfers to insiders of the debtor; and the creditor would receive more than if the case were a chapter 7 liquidation.