News & Insights
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.…
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 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…
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…
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…
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…
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,…
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…
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…
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…
