Having studied and researched, and written and spoken on, bankruptcy issues ad nauseam for more than three decades, I have traced the etymology, scope, and evolution of modern U.S. bankruptcy laws and practice as follows:

Introduction In response to the surge in lender-liability claims against mortgage lenders commencing in the mid-1980s -- especially in connection with affirmative claims or defenses of borrowers based on breach of an alleged oral agreement to lend; to ...

The EB-5 program was established in 1990 by the Immigration and Nationality Act, 8 u.s.c. § 1153(b)(5) (“INA”). Section 203(b)(5) of the INA allocates 10,000 EB-5 immigrant visas per year to qualified individuals seeking “Lawful Permanent Resident” ...

Deeds in lieu of foreclosure are often heavily negotiated. However, in many instances the lender is actually doing the borrower a favor by agreeing to accept a deed-in-lieu. The lender rarely is actively seeking to acquire a property with a value less ...

A mortgage lender occasionally is willing to limit the amount guaranteed by a third party in connection with a mortgage loan. Usually this is because the loan-to-value ratio at the commencement of the loan is sufficiently strong, or there is enough ...

Lenders should be especially careful when drafting attorneys’ fees provisions in commercial loan documents that contain nonrecourse provisions with specific carveouts. For example, in Aozora Bank, Ltd. v. 1333 North California Boulevard, 119 Cal. App. ...