Banking & Financial Services E -Note – March 2015
In This issue:
– 6 Things You Need to Know Before Filing Chapter 11 Bankruptcy
– Don’t Get Left in the Dark: Pre-eviction Noticing Requirements Following Sunset on the Protecting Tenants at Foreclosure Act
– Wrongful Foreclosure: Acting Offensively May Short-Circuit the Need for a Defense
– The Unclear Future of Arbitration Clauses in Consumer Finance Contracts
– Excerpt from 6 Things You Need to Know Before Filing Chapter 11 Bankruptcy:
In a guest column published in the Orlando Business Journal on March 18, 2015, Jon Kane discusses six things a business needs to know before filing for Chapter 11 bankruptcy. Kane expresses that filing for Chapter 11 should be a last resort, after other restructuring strategies have failed, but if it is necessary, be sure to consult an attorney beforehand and consider the six important steps that Kane details.
Please see full E-Note below for more information.
March 26, 2015
6 Things You Need to Know Before
Filing Chapter 11 Bankruptcy
In a guest column
published in the
Journal on March 18,
2015, Jon Kane
discusses six things a
business needs to
know before filing for
bankruptcy. Kane expresses that
filing for Chapter 11 should be a
last resort, after other restructuring
strategies have failed, but if it is
necessary, be sure to consult an
attorney beforehand and consider
the six important steps that Kane
For the full article, please click here.
Don’t Get Left in the Dark: Pre-eviction
Noticing Requirements Following
Sunset on the Protecting Tenants at
What happens now that the sun has
set on The Protecting Tenants at
Foreclosure Act (“the Act”)?
Congress will likely be unreceptive
to arguments on why the Act is
needed in today’s rebounding
economy and it may not be revived.
That means that for the moment
Fed Governor Says Small-Bank Supervision Still a Challenge
(Source: Bloomberg, 2015-03-19)
Bank Regulators to Examine Large, Complex Loans More Often
(Source: The Wall Street Journal, 2015-03-18)
CFPB Unveils Safe Student Account Scorecard
(Source: CR80 News, 2015-03-17)
Debit Card Processor Unveils System to Pay for Legal Marijuana
(Source: MarketWatch, 2015-03-19)
CFPB Study Shows Consumers Hurt by Forced Arbitration
(Source: Bloomberg, 2015-03-20)
Eric Golden Named as Orlando Office Managing Partner
Eric S. Golden has been named as the firm’s Orlando
office managing partner, effective March 1, 2015. Golden,
a partner in the Creditors’ Rights and Bankruptcy
practice, is charged with continuing the firm’s expansion
in Central Florida, and overseeing the financial and
operational functions of the 30-attorney office.
Golden takes the reins from James “Jim” R. Pratt, who
begins a three-year sabbatical to serve as Mission
President of the Canada Halifax Mission of the Church of Jesus Christ
of Latter-day Saints.
Burr Attorneys Named 2015 Georgia Super Lawyers and Rising Stars
Three attorneys in the firm’s Atlanta office have been included among
Georgia’s Super Lawyers for 2015, and an additional two attorneys
have been recognized as Rising Stars by the publication. The attorneys
named to Super Lawyers are: Erich N. Durlacher – Bankruptcy &
Creditor/Debtor Rights; Paul Burke O’Hearn – Bankruptcy &
Creditor/Debtor Rights; and Ed C. Snow, Jr. – Banking. The attorneys
named as Rising Stars are: Ashby Kent Fox – Business Litigation and
Kelly E. Waits – Bankruptcy & Creditor/Debtor Rights.
each state’s own dispossessory laws
will control the noticing process for
evicting a non-borrower tenant after
foreclosure. A general overview of
such requirements in the various
states in Burr’s footprint is provided
to aid foreclosing lenders who take
title to residential properties at
foreclosure. Read the full alert, here.
For more information, please contact
Kelly Waits in Georgia, Daniel
Burkard in Alabama, Meredith
Minkus in Florida, Chris Meyer in
Mississippi, and Ben Katz and Niel
Alden in Tennessee.
Wrongful Foreclosure: Acting
Offensively May Short-Circuit the Need
for a Defense
In recent years,
lenders have been
forced to defend a
record number of so-
rulings issued this
year indicate that if lenders act
quickly and offensively, they may
prevent these challenges.
Read the article from The Tennessee
Banker, here. This article was co-
authored by Burr attorney Matt
The Unclear Future of Arbitration
Clauses in Consumer Finance Contracts
As arbitration clauses
in consumer finance
contracts face an
implications on Burr’s
Litigation Blog, here.
For more information, contact
Orlando Office Listed #1 for Bankruptcy Practice
On March 20, 2015, The Orlando Business Journal
published its annual “Central Florida’s Top Bankruptcy
Law Firms” list in which Burr was listed as number one
with nine attorneys practicing in the bankruptcy area.
Burr Partner, Denise Dell-Powell was also included as the
firm’s top Central Florida bankruptcy partner. OBJ
subscribers can view the list, here.
In addition, Orlando office managing partner Eric S. Golden was quoted
regarding Chapter 11 follow-up support and the demographic of Burr’s
“We counsel our clients to comply with all fiduciary responsibilities and
work to employ strategies that enable the client to confirm a Chapter
11 plan with the intention of emerging from bankruptcy as a stronger
OBJ subscribers can view the article, here.
Women in Business April 28, 2015 Event: Sponsored by Burr
On April 28, the women of Burr’s Banking & Real Estate group will host
a business development and networking program for Atlanta
professional women in business and finance. The event, “Let’s Talk
Economics Ladies!” will be co-hosted with Women’s Series Program of
the French and German American Chambers of Commerce and Conexx,
and will feature a presentation by UGA Terry College of Business
Economist, Stephen Kuzniak, covering international, domestic and
regional trends impacting our businesses and lives. For more
information, or to register, please click here.
CONSUMER FINANCE LITIGATION
ENVIRONMENTAL LAW MATTERS
NON-COMPETE & TRADE SECRETS
SECURITIES LITIGATION & ARBITRATION
TENNESSEE BUSINESS LITIGATION
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