News & Insights

The University of Maryland Francis King Carey School of Law elected Jamar R. Brown to Board of Visitors

Jamar R. Brown has been elected to the Board of Visitors for the University of Maryland Francis King Carey School of Law. The board is a collaborative forum and professional resource providing insight and support to the dean on a range of issues critical to the continued growth and success of the law school. The…

Beckhart v. Newrez, LLC Preventive Maintenance Is For Bankruptcy Plans As Well As Cars

Those among us who were watching television in the 1970’s (yes, there was television that long ago, in color even) will remember the commercials for oil filters in which an auto mechanic told car owners that they could pay him now to install a new oil filter or pay him later for major engine repairs.…

West Virginia Supreme Court of Appeals Holds That Borrowers Facing Foreclosure Do Not Have Standing to Challenge Validity of Assignments of Their Debts

Clete Pavone bought property in West Virginia from Patrick Russell in October of 2018.  Because he did not obtain a title search before buying the property, Mr. Pavone did not know that it was encumbered by a deed of trust that Mr. Russell had granted to Equity South Mortgage in 1999. Mr. Pavone learned of…

New Legislation Would Significantly Modify Baltimore City’s Inclusionary Housing Law by Repealing Cost Offsets and Waivers

New legislation was introduced in the Baltimore City Council that would significantly amend the City’s existing Inclusionary Housing Ordinance, which is currently set to expire on June 30, 2022, by imposing stricter mandates. The provisions of the existing Inclusionary Housing Ordinance are summarized below, followed by a summary of the notable changes proposed under the…

Fourth Circuit Takes Pendent Jurisdiction Over Appeal of Trial Court Order to Compel Arbitration Despite A Seeming Prohibition in Federal Arbitration Act

The Federal Arbitration Act establishes a federal policy in favor of arbitration agreements and provides for enforcement in federal court of many agreements to arbitrate.  9 USC §§ 1, 4.  Section 16(b) of the Arbitration Act goes so far as to say that a federal trial court’s interlocutory order compelling the parties to engage in…

Remembrance of the Honorable Joseph H. H. Kaplan

In the summer of 1968, I was one of six “summer associates” working at what was then known as Venable, Baetjer and Howard. Joe Kaplan was a “real” associate who had been with the firm for a few years after a stint at the U.S. Attorney’s office. He was a pretty serious fellow. Unlike several of his…

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…