Burr & Forman - Banking & Financial Services E-Note - JD Supra
April 2017 Debtors Who Misuse Collateral Can Lose the Benefit of Discharging their Debt in Bankruptcy In an article published in the Winter/Spring 2017 issue of Thomson Reuter’s Real Estate Finance Journal, Samantha Alves Orender provides guidance on how debtors who misuse collateral may be at risk of losing the benefit of discharging their debt in bankruptcy. In the article, Orender provides an analysis of a provision of the Bankruptcy Code, which can be useful to creditors seeking recovery of a debt and addresses the decision and its implications. 11th Circuit Clarifies FDCPA/FCCPA Issues Re Periodic Mortgage Statements After Bankruptcy
On Burr's Consumer Finance Litigation Blog, Nick Agnello and John Chiles examine the Eleventh Circuit Court of Appeal opinion in Helman v. Bank of America, which clarifies important issues regarding the use of periodic mortgage statements after a bankruptcy. This case is helpful both for those crafting periodic statements for borrowers with discharged debts but also for those who face efforts by the consumer bar to stretch the “least sophisticated consumer” standard beyond its breaking point. All Experience is not Good Experience -
Making Headlines Trump Orders Treasury to Review Post-Financial Crisis Reforms (Source: Reuters, 2017-04-21) CFPB Identifies Priorities for Fair Lending Resources (Source: Credit Union Times, 2017-04-17) Seventy Percent of Americans Want More Regulation of Payday Loans (Source: The Consumerist, 2017-04-19) Labor Department Will Delay Dodd-Frank Mandated Fiduciary Rule (Source: TheStreet.com, 2017-04-04) IRS Investigating Bitcoin Users for Evading Taxes (Source: CFO.com, 2017-03-28) Banks Struggle to Find Workers to Fix Old Computer Code (Source: Reuters, 2017-04-10)
Ed Snow Inducted Into the American College of Commercial Finance Lawyers Ed Snow, a commercial finance Partner in Burr & Forman's Atlanta office, has been elected as a fellow in the American College of Commercial Finance Lawyers ("ACCFL") and was inducted into the college at its annual meeting and dinner in New Orleans, Louisiana on Saturday, April 8th. The ACCFL is a professional organization dedicated to promoting the field of commercial finance law through education, legislative reform and the recognition of distinguished practitioners, jurists and academics. The ACCFL offers a venue to promote and recognize outstanding achievement and advances in the field of commercial finance law. Since its beginnings, a quarter century ago, the ACCFL has inducted 300 preeminent practitioners and scholars as Fellows. The ACCFL is a prominent honorary society of remarkable collegiality and an influential participant in the field of commercial finance law. Burr Advances Real Estate Practice with Beth Davis as Partner Burr & Forman welcomes Atlanta partner Elizabeth B. "Beth" Davis to the firm’s Real Estate Practice. Davis serves manufacturers, distributors, retailers, developers, lenders, and property owners involved in environmental, consumer product safety, food, drug, and medical device, and product liability matters, including regulatory compliance, permitting, enforcement defense and litigation. She is a former attorney with the U.S. Environmental Protection Agency.
Experience Ratings & 11 U.S.C. § 363(f)
Burr Listed to BTI’s “Law Firms Best at Cybersecurity” List
Recently, the Bankruptcy Court for the Northern District of Alabama joined with a number of courts in finding that a debtor’s ability to sell their assets free and clear of any “interests” in property encompassed the right to purge the assets of a state labor department’s right to transfer a company’s unemployment experience rating to a purchaser of the company’s assets. Read the alert here. For more information, contact James Roberts.
Burr & Forman was recently recognized in BTI Consulting Group's "Law Firms Best at Cybersecurity" list. The firm was listed on the "Honor Roll" and was one of 86 law firms recognized for its efforts in cybersecurity. To form the list, BTI conducted in-depth interviews with corporate counsel from various organizations with $1 billion or more in revenue. The legal decision makers interviewed come from a variety of more than 15 industry segments from banking, health care, and manufacturing to retail and transportation. Read about Burr & Forman's Cybersecurity Team here.
Buyers Beware! Florida’s District Courts of Appeal Confirm Third Party Purchasers Have Little to No Right to Participate in Foreclosure Proceedings After the Second District Court of Appeal issued a per curiam affirmance of the entry of final judgment of foreclosure in favor of the bank, Judge Sleet issued a specially concurring opinion in which he concluded that because the appellant was a third party purchaser of the property who was not obligated on the note and mortgage, it was “questionable” whether she had standing to challenge the bank’s foreclosure proceeding in the first place. Lauren Reynolds has more on Burr's Consumer Finance Litigation Blog. Florida’s Fourth DCA Holds Borrower is Not Entitled to Attorney’s Fees for Dismissal Based on Lack of Standing to Foreclose Florida’s Fourth DCA issued an opinion on April 12, 2017 in Nationstar Mortgage LLC v. Glass, following suit with the Third and Fifth DCAs in denying a borrower’s motion for attorney’s fees based on a provision in the subject mortgage after the borrower successfully argued for the dismissal of the foreclosure action on the basis that the plaintiff lacked standing to foreclose. Laura Tanner has more on Burr's
Burr Welcomes Corporate and Securities Partner Back to Firm Jennifer M. Moseley joins Burr & Forman's Atlanta office as a partner. She previously practiced in the firm's Birmingham office from 2003 to 2013. Based in the firm’s Corporate Practice, she counsels public and private companies in a number of compliance and transactional matters. She is also experienced in EB-5 regional center formation, structuring and securities offering matters, as well as working with companies who seek investment in connection with the EB-5 visa regional center program under U.S. Citizenship and Immigration Services rules and regulations. Burr Attorneys Named to Birmingham Magazine’s 2017 “Top Attorneys” List
Four Burr attorneys were featured in the April issue of Birmingham Magazine named to the publication’s 2017 “Top Attorneys” list. Kelli Fleming was listed for her work in healthcare, while April Mason was listed in two categories for her work in the Corporate and Franchise areas. In addition, Gail Mills was listed in the area of Real Estate and Labor and Employment Associate Meryl Cowan was listed as a “Rising Star.” Honorees were invited to a special reception on April 13th at the Harbert Center. Burr Names Doug Anderson as Managing Partner of Mobile Office Burr & Forman has named Doug Anderson as office managing partner of the firm's Mobile office. In this role, effective immediately, Anderson leads the financial and operational functions of the 22 attorney office. Anderson is a partner in the firm's Real Estate and Lending Practices. Anderson has practiced law in Mobile for more than 30 years. He guides clients involved in commercial real estate, commercial lending, environmental and land use matters. Heisterhagen Appointed Secretary of the Maritime Law Association Young Lawyers Committee Kasee Sparks Heisterhagen has been appointed Secretary of the Maritime Law Association of the United States ("MLA") Young Lawyers Committee. This appointment was made by MLA President, Harold K. Watson. Heisterhagen will serve the MLA in this capacity through the 2018 Annual Meeting. The Maritime Law Association of the United States is a
Consumer Finance Litigation Blog.
CONSTRUCTION LAW CONSUMER FINANCE LITIGATION ENVIRONMENTAL LAW MATTERS INTERNATIONAL BUSINESS NON-COMPETE & TRADE SECRETS SECURITIES LITIGATION TCPA ADDENDUM TENNESSEE BUSINESS LITIGATION
national professional organization of lawyers who practice admiralty law. The MLA serves maritime lawyers by providing a forum to discuss news and issues in the practice, as a source of opinion and information to the public, and as a representative to the international legal community. As a professional organization, the MLA has had a hand in several significant developments in maritime law. At Burr, Heisterhagen’s work in the maritime field includes enforcement of maritime liens, vessel seizures, marine finance and marine-related bankruptcies. She regularly investigates marine casualties and claims.
Burr & Forman Banking & Financial Services E-Note is a monthly e-mail service provided by Burr & Forman LLP. The physical address for correspondence related to this newsletter is: 171 17th Street, NW, Suite 1100, Atlanta, GA 30363. (404) 815-3000. You are subscribed to this list as: Please note: This electronic newsletter is provided to clients and friends of Burr & Forman. The information described is general in nature, and may not apply to your specific situation. Legal advice should be sought before taking action based on the information discussed. Applicable State Bar or Attorney Regulations May Require This Be Labeled as "Advertising."
On Burr's Consumer Finance Litigation Blog, Nick Agnello and John Chiles examine the Eleventh Circuit Court of Appeal opinion in Helman v. Bank of America, which clarifies important issues regarding the use of periodic mortgage statements after a bankruptcy. This case is helpful both for those crafting periodic statements for borrowers with discharged debts but also for those who face efforts by the consumer bar to stretch the “least sophisticated consumer” standard beyond its breaking point. All Experience is not Good Experience -
Making Headlines Trump Orders Treasury to Review Post-Financial Crisis Reforms (Source: Reuters, 2017-04-21) CFPB Identifies Priorities for Fair Lending Resources (Source: Credit Union Times, 2017-04-17) Seventy Percent of Americans Want More Regulation of Payday Loans (Source: The Consumerist, 2017-04-19) Labor Department Will Delay Dodd-Frank Mandated Fiduciary Rule (Source: TheStreet.com, 2017-04-04) IRS Investigating Bitcoin Users for Evading Taxes (Source: CFO.com, 2017-03-28) Banks Struggle to Find Workers to Fix Old Computer Code (Source: Reuters, 2017-04-10)
Ed Snow Inducted Into the American College of Commercial Finance Lawyers Ed Snow, a commercial finance Partner in Burr & Forman's Atlanta office, has been elected as a fellow in the American College of Commercial Finance Lawyers ("ACCFL") and was inducted into the college at its annual meeting and dinner in New Orleans, Louisiana on Saturday, April 8th. The ACCFL is a professional organization dedicated to promoting the field of commercial finance law through education, legislative reform and the recognition of distinguished practitioners, jurists and academics. The ACCFL offers a venue to promote and recognize outstanding achievement and advances in the field of commercial finance law. Since its beginnings, a quarter century ago, the ACCFL has inducted 300 preeminent practitioners and scholars as Fellows. The ACCFL is a prominent honorary society of remarkable collegiality and an influential participant in the field of commercial finance law. Burr Advances Real Estate Practice with Beth Davis as Partner Burr & Forman welcomes Atlanta partner Elizabeth B. "Beth" Davis to the firm’s Real Estate Practice. Davis serves manufacturers, distributors, retailers, developers, lenders, and property owners involved in environmental, consumer product safety, food, drug, and medical device, and product liability matters, including regulatory compliance, permitting, enforcement defense and litigation. She is a former attorney with the U.S. Environmental Protection Agency.
Experience Ratings & 11 U.S.C. § 363(f)
Burr Listed to BTI’s “Law Firms Best at Cybersecurity” List
Recently, the Bankruptcy Court for the Northern District of Alabama joined with a number of courts in finding that a debtor’s ability to sell their assets free and clear of any “interests” in property encompassed the right to purge the assets of a state labor department’s right to transfer a company’s unemployment experience rating to a purchaser of the company’s assets. Read the alert here. For more information, contact James Roberts.
Burr & Forman was recently recognized in BTI Consulting Group's "Law Firms Best at Cybersecurity" list. The firm was listed on the "Honor Roll" and was one of 86 law firms recognized for its efforts in cybersecurity. To form the list, BTI conducted in-depth interviews with corporate counsel from various organizations with $1 billion or more in revenue. The legal decision makers interviewed come from a variety of more than 15 industry segments from banking, health care, and manufacturing to retail and transportation. Read about Burr & Forman's Cybersecurity Team here.
Buyers Beware! Florida’s District Courts of Appeal Confirm Third Party Purchasers Have Little to No Right to Participate in Foreclosure Proceedings After the Second District Court of Appeal issued a per curiam affirmance of the entry of final judgment of foreclosure in favor of the bank, Judge Sleet issued a specially concurring opinion in which he concluded that because the appellant was a third party purchaser of the property who was not obligated on the note and mortgage, it was “questionable” whether she had standing to challenge the bank’s foreclosure proceeding in the first place. Lauren Reynolds has more on Burr's Consumer Finance Litigation Blog. Florida’s Fourth DCA Holds Borrower is Not Entitled to Attorney’s Fees for Dismissal Based on Lack of Standing to Foreclose Florida’s Fourth DCA issued an opinion on April 12, 2017 in Nationstar Mortgage LLC v. Glass, following suit with the Third and Fifth DCAs in denying a borrower’s motion for attorney’s fees based on a provision in the subject mortgage after the borrower successfully argued for the dismissal of the foreclosure action on the basis that the plaintiff lacked standing to foreclose. Laura Tanner has more on Burr's
Burr Welcomes Corporate and Securities Partner Back to Firm Jennifer M. Moseley joins Burr & Forman's Atlanta office as a partner. She previously practiced in the firm's Birmingham office from 2003 to 2013. Based in the firm’s Corporate Practice, she counsels public and private companies in a number of compliance and transactional matters. She is also experienced in EB-5 regional center formation, structuring and securities offering matters, as well as working with companies who seek investment in connection with the EB-5 visa regional center program under U.S. Citizenship and Immigration Services rules and regulations. Burr Attorneys Named to Birmingham Magazine’s 2017 “Top Attorneys” List
Four Burr attorneys were featured in the April issue of Birmingham Magazine named to the publication’s 2017 “Top Attorneys” list. Kelli Fleming was listed for her work in healthcare, while April Mason was listed in two categories for her work in the Corporate and Franchise areas. In addition, Gail Mills was listed in the area of Real Estate and Labor and Employment Associate Meryl Cowan was listed as a “Rising Star.” Honorees were invited to a special reception on April 13th at the Harbert Center. Burr Names Doug Anderson as Managing Partner of Mobile Office Burr & Forman has named Doug Anderson as office managing partner of the firm's Mobile office. In this role, effective immediately, Anderson leads the financial and operational functions of the 22 attorney office. Anderson is a partner in the firm's Real Estate and Lending Practices. Anderson has practiced law in Mobile for more than 30 years. He guides clients involved in commercial real estate, commercial lending, environmental and land use matters. Heisterhagen Appointed Secretary of the Maritime Law Association Young Lawyers Committee Kasee Sparks Heisterhagen has been appointed Secretary of the Maritime Law Association of the United States ("MLA") Young Lawyers Committee. This appointment was made by MLA President, Harold K. Watson. Heisterhagen will serve the MLA in this capacity through the 2018 Annual Meeting. The Maritime Law Association of the United States is a
Consumer Finance Litigation Blog.
CONSTRUCTION LAW CONSUMER FINANCE LITIGATION ENVIRONMENTAL LAW MATTERS INTERNATIONAL BUSINESS NON-COMPETE & TRADE SECRETS SECURITIES LITIGATION TCPA ADDENDUM TENNESSEE BUSINESS LITIGATION
national professional organization of lawyers who practice admiralty law. The MLA serves maritime lawyers by providing a forum to discuss news and issues in the practice, as a source of opinion and information to the public, and as a representative to the international legal community. As a professional organization, the MLA has had a hand in several significant developments in maritime law. At Burr, Heisterhagen’s work in the maritime field includes enforcement of maritime liens, vessel seizures, marine finance and marine-related bankruptcies. She regularly investigates marine casualties and claims.
Burr & Forman Banking & Financial Services E-Note is a monthly e-mail service provided by Burr & Forman LLP. The physical address for correspondence related to this newsletter is: 171 17th Street, NW, Suite 1100, Atlanta, GA 30363. (404) 815-3000. You are subscribed to this list as: Please note: This electronic newsletter is provided to clients and friends of Burr & Forman. The information described is general in nature, and may not apply to your specific situation. Legal advice should be sought before taking action based on the information discussed. Applicable State Bar or Attorney Regulations May Require This Be Labeled as "Advertising."
