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Commercial & Bankruptcy Law News

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Commercial & Bankruptcy Law News


23 Posts found
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Posted on: Aug 2, 2018

A borrower-mortgagor’s challenge to a lender-mortgagee’s execution of a writ of assistance needs to occur in the state court foreclosure action, not in a subsequent federal court case.

Posted on: Jun 19, 2018

Fraudulent transfer and alter ego cases seem to almost always be factually dense and, therefore, difficult to summarize in a blog post. Since I've written about the essential elements of Uniform Fraudulent Transfer Act and alter ego claims in the past, I've decided simply to post the Court's opinion in Wine & Canvas v. Weisser here.

Posted on: May 10, 2018

Rachel Winkler of the Marion County Civil Sheriff’s Office recently circulated an email to the local foreclosure community of lawyers, investors and bidders about some immediate changes to the local sheriff’s sale rules and procedures.

Posted on: Apr 25, 2018

Over the last several years, many of the federal rules have undergone a process known as restyling, designed to make them simpler, more understandable and easier to read and use. With the exception of the rules in Part 8, which were recently revised, the Rules of Bankruptcy Procedure have not been restyled, partially in deference to their close linkage to provisions of the Bankruptcy Code.

Posted on: Apr 25, 2018

Although a Chapter 7 bankruptcy discharge eliminates personal liability for a mortgage loan, a discharge does not erase the debt or the mortgage lien. This means that borrowers will not be on the hook for the money, but lenders still can sue to foreclose the mortgage. Discharged debtors still can lose their property.


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