Monday, June 13, 2011

And now we wait for the Maryland Court of Appeals to do its work.

On June 7, 2011, I was privileged to argue questions of law certified from the U.S. Bankruptcy Court before the Maryland Court of Appeals.  At issue is the effect of Maryland's curative statutes, and how it operates to bar the bankruptcy trustee's 130+ lien avoidance actions, and oppositions to lender motions for relief from the automatic stay.

The court's website has a webcast of the oral arguments, if you are so inclined to burn your billable time over a cup of coffee. The case is captioned Guttman v. Wells Fargo, Misc. #20.  I believe the link is at the top of the page.

This issue will impact the title industry in a significant way.  The 35 cases in this office, alone, implicate over $7 Million in secured liens that could be rendered unsecured.

Stay tuned.