Client Advisories
New Requirements in the Northern District of NY Bankruptcy Court
February 16, 2012 | Geoffrey J. Peters, Esq.In the Northern District of New York, the Chapter 13 standing trustee recently received approval from the bankruptcy court to require the use of a uniform model plan and confirmation order. The new model plan and confirmation order have a provision that may create problems for certain creditors.
Franklin County Sale Withdrawals Update
February 07, 2012 | David W. Cliffe, Esq.In a recent article for Ohio Community Banks, I examined the new e-filing system in some major Ohio counties and its resulting increase in the amount of time that it now takes to withdraw a foreclosed property from a sheriff sale. In response to some negative feedback it received, the judges in Franklin County modified their process.
Is A Debtor's Ability to Strip Off Second Mortgages Expanding?
February 06, 2012 | Mark E. Steiner, Esq.Recent holdings in the Southern Bankruptcy District of Florida[1] and elsewhere demonstrate that debtors are seeking to expand their ability to strip off junior liens on real property in a Chapter 13 reorganization after having received a prior Chapter 7 discharge, and the Courts are beginning to step out of the way.
Michigan Legislature Takes Aim at Healthcare Service and Protection Workers
February 02, 2012 | Sara M. Donnersbach, Esq.The Michigan legislature is poised to amend the Social Welfare Act in ways designed to impose new obligations on professionals working in the health service and protection world. The legislation, titled Senate Bill No. 463, passed through and met Senate approval on November 3, 2011 in swift fashion. Given the Bill’s success in the Michigan Senate, its passage through the House seems likely.
Electronic Filing Is Fast Approaching
February 02, 2012 | Helen Roper, Esq.Have you heard? The replacement of paper court filing by electronic court filing is fast approaching. Are you ready for that?
Redaction in Hillsborough County Court, Florida
February 01, 2012 | Alan C. Kingsley, Esq.ecently, the Clerk of the Circuit Court of Hillsborough County, Florida issued a statement regarding the statutory requirements pertaining to redaction practices and their impact on Hillsborough County Court files. Effective January 1, 2012, Florida Statute 119.0714(2)(e)(1) requires the Clerk of Court to keep Social Security, bank account, debit, charge, and credit card numbers contained in court records confidential and exempt from public access.
Middle District of Florida Has a New Chief Bankruptcy Judge
January 31, 2012 | Damian A. Valladares, Esq.The Middle District of Florida has a new Chief Bankruptcy Judge. The Honorable Karen S. Jennemann replaced Judge Paul Glenn and commenced her four year term on October 1, 2011. Chief Judge Jennemann sits in the Orlando Division of the Middle District. To assist with Chief Judge Jennemann's caseload, as she now takes on the administrative duties of Chief Judge, the Honorable Benjamin Cohen of the Northern District of Alabama has been approved to sit with the Bankruptcy Court for the Middle District of Florida. Judge Cohen has already began assisting the Orlando Division. We look forward to working with Judge Cohen and learning his preferences and particularities.
Dodd-Frank Amendments Change RESPA Timelines & Penalties
January 27, 2012 | Michelle Shupe-Abbas, Esq.The Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law July 21, 2010. The portion of the Act known as the Mortgage Reform and Anti-Predatory Lending Act ("Act") will go into effect soon.
Fannie Mae Announced An Increase in Fees
January 19, 2012 | Frank J. Veneziano, Esq.Fannie Mae recently announced an increase in rates for properties located Kentucky, as well as an increase for Ohio evictions, both of which became effective January 1, 2012.
Cuyahoga County Judge's Standing Order on Foreclosures
January 18, 2012 | Larry R. Rothenberg, Esq.Ohio foreclosure procedures are covered by the pertinent state statutes and the Ohio Rules of Civil Procedure. In addition, individual courts often adopt local rules, which must be followed in cases filed in the particular county. Furthermore, individual judges generally have discretion in the administration of their cases, and some impose standing orders that apply to all cases in their courtrooms. Judge Nancy Margaret Russo of the Cuyahoga County, Ohio, Court of Common Pleas has such a standing order for foreclosures.
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