News & Insights

Kimco Realty Corp. Law Firm Partnership Project Selected Among Finalists for ALM Industry Awards in Best Provider Collaboration Category

(CHICAGO, January 12, 2021) The U.S. law firm of Hinshaw & Culbertson LLP is pleased to announce that Hinshaw, firm client Kimco Realty Corp. and eight other law firms have been selected as Finalists for the American Lawyer Magazine Industry Awards in the Best Provider Collaboration category. In April, 2020, Kimco teamed up with Hinshaw…

Maryland Court of Special Appeals Confirms That Foreclosure Actions Are Not Subject to Statute of Limitations

During the COVID-19 pandemic, a patchwork quilt of statutes, regulations, executive orders, and court orders have imposed on again, off again, restrictions on the filing and prosecution of foreclosure cases.  Few of these specify how applicable statutes of limitations are affected, if at all, and whether a purported extension of a statute of limitations by executive order or court order is valid is an open question.  A recent decision of Maryland’s highest court, the Court of Appeals, provides some comfort to lenders that their right to foreclose will not expire before we return to “normal.”

West Virginia Supreme Court Rejects Federal “Plausible On Its Face” Standard For Motions to Dismiss Under State Counterpart of F.R.C.P. 12(b)(6)

The Rules of Civil Procedure adopted by the West Virginia Supreme Court of Appeals are derived to a large extent from the Federal Rules of Civil Procedure.  In fact, many of the West Virginia Rules of Civil Procedure track almost verbatim to the corresponding Federal Rule.   However, a November 20, 2020 decision of the West…

The Trustee Is Suing Me For A Transfer I Received How Many Years Ago?

Any creditor that has experienced more than a few customers or borrowers filing for bankruptcy is aware that there is a risk of being sued by a trustee to avoid transfers that the creditor received prior to the bankruptcy filing.  Bankruptcy Code Section 547 empowers a trustee to recover a transfer made in the 90…

IRS Highlights New Policies to Aid Those with Existing Tax Debts

Changes Include Beneficial Payment Plan Options, Less Financial Disclosure for Many with Balances Due, and Ability to Delay Collection Actions This has been a difficult year for many American taxpayers.  In recognition of the job losses, business closures, and other uncertainties caused by COVID-19 and the related shutdowns, the Internal Revenue Service (“IRS”) has taken…

COVID-19, Economic Uncertainty, and Local Real Estate Issues Present Beneficial Opportunities for Out-of-Cycle Appeals of Real Property Tax Assessments in Maryland

In Maryland, all real property is assessed to reflect updated market values on a triennial basis.  The location of the property determines the year in which specific real property is re-assessed.  An appeal of a proposed triennial re-assessment must be filed with the Supervisor of Assessments within 45 days of the applicable assessment notice; however,…

SBA Gathering Info on “Economic Uncertainty”: What Form 3509 May Mean for Borrowers in the Paycheck Protection Program

The U.S. Small Business Administration (“SBA”) recently released additional details relevant to those participating in the Paycheck Protection Program (“PPP”).  In particular, on October 26, 2020, the SBA posted a notice seeking comment regarding drafts or revisions of various forms to be used by the agency in reviewing both loan and forgiveness applications from the…

When Can I Redeem My Pennsylvania Property From Tax Sale? It Depends On Where The Property Is…

Renowned Pennsylvanian Benjamin Franklin famously wrote that “in this world, nothing can be said to be certain except death and taxes.”  A recent decision of the Pennsylvania Supreme Court demonstrates that, even in the certain realm of taxes, there is still room for uncertainty. At issue in Fouse v. Saratoga Partners was the difference between…

Consumer Lending Laws May Be A Trap For Even The Wary

It is no surprise to anyone involved in consumer lending that laws designed to protect consumers from inception of the loan relationship through collection of the loan following default vary greatly from state to state and even by loan type within a state. Not staying on top of these variations can get even an experienced…

Rosenberg Martin Greenberg, LLP Elects Five New Partners

Rosenberg Martin Greenberg, LLP is pleased to announce the election of five of its attorneys as partners of the firm, effective September 10, 2020. The new partners are R. Kelvin Antill, Adam D. Baker, Jamar R. Brown, John A. Carpenter, Jr. and Jeffrey M. Lichtstein. “I am very proud of our new partners, all of…