Supreme Court Narrows Use of Judicial Estoppel in Bankruptcy Cases
In Keathley v. Buddy Ayers Construction, Inc., the U.S. Supreme Court unanimously ruled that courts must take a totality-of-the-circumstances approach when determining whether a debtor’s failure to disclose a legal claim during bankruptcy was inadvertent. The Court rejected the Fifth Circuit’s rigid two-part test, which focused only on whether the debtor knew about the claim […]
AI & Blockchain Technology in Mortgage Servicing
Current Applications, Challenges & Future Impact By Benjamin P. Mayer, Esq. The mortgage servicing industry has lived with the reputation of being technologically sluggish due, in part, to reliance on legacy systems, compliance overhead, and regulatory scrutiny, among many other factors. But over the past five years, two disruptive forces have begun to reshape this […]
Webinar on Banruptcy Rule 3002.1
Significant amendments to Bankruptcy Rule 3002.1 took effect on December 1, 2025, bringing new requirements for mortgage creditors in Chapter 13 cases. These updates expand the scope of required notices, add new standardized obligations for HELOC payment change notices, clarify when payment adjustments take effect, and introduce a new mid-case “Motion to Determine Status” that […]