Our Managing Bankruptcy attorney, Erin McCartney, has a featured article in the Summer 2019 UTA Quarterly. Erin McCartney discusses the case of The People v. Astorga-Lider, and how the California Court of Appeals, Fourth Appellate District, affirmed a holding which found a fraudulent deed of trust void pursuant to California Penal Code Section 115. Check…
On May 24, 2019, the Fourth Circuit Court of Appeals, reviewing in an en banc rehearing, overruled a twenty-two-year-old decision of the court. In Hurlburt v. Black, No. 17-2449, 2019 WL 2237966 (4th Cir. May 24, 2019), the Court found that the Bankruptcy Code allows a debtor to modify select home mortgage claims. This decision…
On April 25, 2017, the Office of the Comptroller of the Currency (the “OCC”) published a decision that orders U.S. Bank National Association to pay a civil penalty of $15 million for bankruptcy filing violations. According to the OCC, the Bank committed various errors related to the requirements under Bankruptcy Rule 3002.1 including: untimely, not…