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...
Read MoreProtections 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...
Read More