News & Insights

Is the End Near for Third Party Releases In Chapter 11 Plans?

When the Bankruptcy Reform Act of 1978, the foundation on which the current Bankruptcy Code is constructed, was enacted, bankruptcy cases customarily involved a debtor addressing claims only against it. Consistent with that norm, Bankruptcy Code Section 524 provides that “discharge of a debt of the debtor does not affect the liability of any other…

Message from Barry Greenberg, past Managing Partner:

January 3, 2022 The stroke of midnight on New Year’s Day traditionally represents new beginnings. This year, for everyone at Rosenberg Martin Greenberg, it specifically commemorates the transition of management of the firm from one of the founders to the next generation of leadership. As I hand over the reins to our new Managing Partner,…

United States Court of Appeals for the Fourth Circuit Refuses to Enforce Arbitration and Choice of Law Provisions Because of Onerous Loan Terms

Most of us have heard the expression “Pigs get fat, hogs get slaughtered.”  The United States Court of Appeals for the Fourth Circuit did not slaughter the officials of the lenders in its November 16, 2021 opinion in Hengle v. Treppa, but it almost certainly cleared the path to the slaughterhouse. The lenders in Hengle…

United States Court of Appeals for the Fourth Circuit Refuses to Enforce Arbitration and Choice of Law Provisions Because of Onerous Loan Terms

Most of us have heard the expression “Pigs get fat, hogs get slaughtered.”  The United States Court of Appeals for the Fourth Circuit did not slaughter the officials of the lenders in its November 16, 2021 opinion in Hengle v. Treppa, but it almost certainly cleared the path to the slaughterhouse. The lenders in Hengle…

When Bankruptcy Law and Environmental Law Collide: Maryland District Court Holds That Confirmed Chapter 11 Plan Discharged Cleanup Costs Without Any Payment

Filing a case under Chapter 11 of the United States Bankruptcy Code can be a powerful tool for a business facing crushing liabilities.  Not only does the filing of a Chapter 11 invoke an automatic stay of all lawsuits pending against the business, but it affords the business an opportunity to discharge those liabilities by…

Caroline L. Hecker Named First Woman and Non-Founder to Serve As Managing Partner of Rosenberg Martin Greenberg, LLP

Rosenberg Martin Greenberg, LLP is pleased to announce that Caroline L. Hecker has been elected as the firm’s next Managing Partner. Caroline will assume the role effective January 3, 2022, becoming the third Managing Partner in the firm’s 34-year history and the first woman and non-founding member to hold the position. “Caroline is an extremely…

Are We There Yet? Maryland Court of Special Appeals Dismisses As Premature Appeal From Order Setting Aside Order Ratifying 2018 Foreclosure Sale

It is understandable that a lender whose loan went into default in 2009 would be anxious to obtain a court ruling that its 2018 foreclosure sale to enforce that loan was valid.  However, as a result of a September 30, 2021 decision by the Maryland Court of Special Appeals in O’Sullivan v. Kimmett, the lender…

Rosenberg Martin Greenberg Welcomes Four New Attorneys

Rosenberg Martin Greenberg is pleased to announce the addition of  Bryan K. Saxton, Brooke A. Hutchins, Drew E. Tildon, and Thérian (Jung Yong) Lee. Barry Greenberg, RMG’s Managing Partner and head of the Firm’s real estate practice group, said: “Our new attorneys add additional depth to multiple practice groups within the firm and are eager to work…

Pennsylvania Supreme Court Recognizes Both Enterprise Liability And Reverse-Veil Piercing As Viable Theories for Holding Affiliates Liable for Debts

In a July 21, 2021 decision, the Supreme Court of Pennsylvania examined whether Pennsylvania recognizes the doctrine variously referred to as the “single-entity,” “enterprise,” or “horizontal liability” theory.  Under that doctrine, “affiliated or sister corporations-corporations with common ownership, engaged in a unitary commercial endeavor- [may] be held liable for each other’s debts or judgments.”  The…

The “Stranger to the Deed Rule” Does It Get Any Stranger Than This?

The “stranger to the deed” rule, a rule that the Supreme Court of Appeals of West Virginia  explained “derives from feudal interpretations of deeds” survives in the State of West Virginia, at least for now, following the Supreme Court’s June 4, 2021 decision in Klein v. McCullough. In Klein, Julia McCullough conveyed a parcel of…