by Jill Sullivan | Jul 28, 2025 | Bankruptcy, Legislation, Litigation
2025 has already brought a wave of change for creditors, and we’re only halfway through the year. New case law is redefining what’s enforceable in debt restructurings. Proposed legislation could completely overhaul the consumer bankruptcy process. Long-standing...
by Jill Sullivan | Jul 22, 2025 | Bankruptcy, Litigation
The Consumer Bankruptcy Reform Act of 2025 (CBRA) is one of the most significant proposed changes to the U.S. Bankruptcy Code in decades. Introduced with the goal of simplifying bankruptcy for individual consumers and increasing access to debt relief, the legislation...
by Jill Sullivan | Jul 16, 2025 | Foreclosure
The term “pre-foreclosure” often evokes thoughts of loss and uncertainty, but for creditors, it represents a critical phase of opportunity, strategy, and legal maneuvering. Pre-foreclosure is the period between a borrower’s default and the formal initiation of...
by Jill Sullivan | Jul 14, 2025 | Bankruptcy, Litigation, Loss Mitigation
For secured creditors, lien priority is everything. Whether you are holding a deed of trust, a UCC filing, or a judgment lien, your position in the payment waterfall determines whether you recover your collateral or walk away with nothing. When a borrower defaults and...
by Jill Sullivan | Jul 7, 2025 | Foreclosure, Litigation
California’s real estate market is one of the most complex in the nation, and when it comes to foreclosure law, creditors holding subordinate mortgage interests must navigate a particularly challenging legal landscape. While first-position lenders often have a clear...
by Jill Sullivan | Jul 2, 2025 | Litigation, Loss Mitigation
Loss mitigation plays a critical role in protecting the financial interests of creditors when commercial borrowers default or show signs of distress. In the world of commercial lending, large loan amounts, complex collateral structures, and sophisticated borrowers...
by Jill Sullivan | Jun 23, 2025 | Bankruptcy, Litigation, Loss Mitigation
When borrowers default on their obligations, creditors face complex decisions about how to recover the outstanding debt. One of the most important tools in a creditor’s arsenal is loss mitigation. While often associated with consumer protections and foreclosure...
by Jill Sullivan | Jun 16, 2025 | Bankruptcy, Litigation, Loss Mitigation
Winning a court judgment is a significant legal milestone for creditors, but it is rarely the final step. Once a judgment is entered, creditors still face the challenge of actually collecting what is owed. Many debtors either refuse to pay or claim they are unable to...
by Jill Sullivan | Jun 9, 2025 | Bankruptcy, Litigation, Loss Mitigation
For creditors seeking to collect a debt through litigation, timing is everything. While valid claims may exist, they must be asserted within a legally defined window known as the statute of limitations. This time limit is not just a procedural technicality; it can...
by Jill Sullivan | Jun 2, 2025 | Bankruptcy, Litigation, Loss Mitigation
When a creditor files a lawsuit to collect a debt, the process doesn’t move straight from filing to judgment. One of the most important stages of litigation is legal discovery. This phase allows both parties to gather evidence, learn the strengths and weaknesses of...
