News & Analysis as of August 16, 2025

Debtors

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The term "mortgage" typically refers to a mortgage loan. A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +

Second Department Holds Judicial Estoppel Bars Application of FAPA

McGlinchey Stafford on 8/8/2025

On July 16, 2025, the Appellate Division, Second Department declined to apply the Foreclosure Abuse Prevention Act (FAPA) to a mortgage foreclosure commenced prior to FAPA’s enactment, pursuant to the doctrine of judicial...more

Structured Finance Spectrum - Summer 2023

Alston & Bird on 8/9/2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features smooth sailing through safe harbors, the English Court doing the cross-class...more

Contiguous Condominiums Are Not “SARE”

Pillsbury Winthrop Shaw Pittman LLP on 6/30/2023

Lacking a common scheme or plan, two adjacent commercial condominium units owned by the same debtor and subject to the same mortgage and deed, but having different tenants, commercial uses, plans for commercial development...more

Florida Bankruptcy Court Holds That Lenders Must Specify Post-Judgment Interest Rates in Addition to Post-Default Rates in Loan...

King & Spalding on 1/23/2023

On November 21, 2022, the U.S. Bankruptcy Court for the Southern District of Florida sustained the debtors’ objection to mortgage lender Benworth Capital Partners, LLC’s proof of claim and held that the state’s statutory...more

Recent Developments in Bankruptcy Law Update - July 2022

Jenner & Block on 8/5/2022

Covered Activities - 1.1.a Order granting counterclaim declaring validity of mortgage on the debtor’s property does not violate the stay. The debtor acquired property subject to a disputed mortgage. The debtor brought a...more

Divided Fifth Circuit Panel Suggests Bankruptcy Strong-Arm Power Precludes Reforming Mortgages After Petition Date

King & Spalding on 7/29/2022

On April 14, 2022, in an unpublished, divided opinion affirming lower-court orders disallowing a creditor’s claim and declaring the creditor’s mortgage invalid and unenforceable, the U.S. Court of Appeals for the Fifth...more

Bradley’s Bankruptcy Basics: 5 Significant (if Temporary) Amendments to the Bankruptcy Code Resulting from the COVID-19 Pandemic

Bradley Arant Boult Cummings LLP on 3/19/2021

As we cross the one-year anniversary of the COVID-19 pandemic, we reflect on the multiple amendments to the Bankruptcy Code that have been implemented to help curb the effects of various economic shutdowns and financial...more

Negative Amortization Chapter 11 Plans as a Potential Bridge Over the Economic Recovery Gap

Pillsbury Winthrop Shaw Pittman LLP on 2/25/2021

Hospitality debtors with substantial equity but prolonged depressed revenues due to COVID-19 may find negative amortization, a tool used sparingly pre-pandemic, helpful in the restructuring of mortgage debt under a chapter 11...more

First Circuit Bankruptcy Panel Affirms “Gavel Rule” as Determinative of When a Bankruptcy Debtor’s Right of Redemption Terminates

Hinshaw & Culbertson LLP on 2/6/2020

The Bankruptcy Appellate Panel for the First Circuit has affirmed an earlier decision that concluded a borrower’s right to redeem terminates when the gavel falls at a foreclosure auction, and not when a deed is recorded. ...more

Post-Confirmation Jurisdiction of the Bankruptcy Court: “Close Nexus” or “Conceivable Effect”?

Patterson Belknap Webb & Tyler LLP on 8/16/2018

In January 2014, Lehman Brothers Holdings, Inc. (“Lehman”) settled claims filed by Fannie Mae and Freddie Mac arising out of each of their purchases of mortgage loans from Lehman and its affiliates. Lehman then sought to...more

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