Joseph Cioffi

Davis & Gilbert LLP

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Recently by Joseph Cioffi

When Is A Repurchase Agreement Not A Repurchase Agreement? Testing The Limits Of Bankruptcy Protections Afforded Mortgage Loan Warehouse Providers

The title of this article may sound like a trick question, but American Home Mortgage Corp. ("American Home"), a residential mortgage loan originator and Chapter 11 debtor in Delaware Bankruptcy Court, became the first originator to seriously pose this question and challenge the safe harbor...

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Protections For Vendors In A Customer's Bankruptcy May Not Be As Expected

Through favorable interpretations of the Bankruptcy Code (the "Code") and the equitable power of bankruptcy courts, vendors in certain cases have been able to avoid the potentially harsh consequences of a customer's bankruptcy. However, recent decisions in the Kmart bankruptcy case addressing the...

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