Abstract:      This essay critically examines MERS' structure which incorporates principles of dubious legality such as a theory of common agency as well as a duality of roles held by MERS. The article examines many recent decisions in state, federal and bankruptcy courts in order to identify current trends regarding MERS-related jurisprudence.

Abstract: Section 302(a) of the Bankruptcy Code allows an individual debtor and his or her "spouse" to commence a joint bankruptcy case by filing a single bankruptcy petition. The term spouse is not defined in the Bankruptcy Code; however, since 1996, section 3 of the Defense of Marriage Act ("DOMA") has defined a spouse for purposes of federal law as "a person of the opposite sex who is a husband or a wife." Although no state permitted same-sex couples to marry when DOMA was adopted in 1996, six states currently permit same-sex couples to marry.

Summary: National Heritage Foundation, Inc.  ("NHF") filed a Chapter 11 reorganization including provisions in its plan that prevented claim not only against NHF, but also its officers, directors and employees (among others), for acts or omissions arising prior to the reorganization.  The bankruptcy court affirmed these release provisions, finding that these release provisions were "essential" to the reorganization. On appeal, Berhman contended that the plan was not proposed in good faith and was "a sham perpetrated by NHF’s officers and directors to secure immunit

Summary:

Ms.  Bass signed a promissory note and Deed of Trust with Mortgage Lenders Network USA, Inc.  ("MLN")  in 2004.  After several purported assignment, Ms.  Bass  default in 2008 on her payments and U.S Bank, as Trustee for Wells Fargo, commenced foreclosure.  After the Clerk of Court allowed the foreclosure to proceed, Ms.  Bass appealed to Superior Court, asserting the U.S. Bank was not the holder of the note.

Last night, the Senate passed by unanimous consent a bill (HR 2192) that would renew an exemption in  11 USC § 707(b)(2)(D) for reservists and National Guard members from Chapter 7 bankruptcy means-testing requirements. The bill would amend a 2008 law to make reservists and Guard members that have served on active duty or homeland defenses for at least 90 days since Sept. 11, 2001 eligible for the exemption through 2015. The bill now goes to the President where it is expected to be signed into law.

Summary: The Debtors filed a Chapter 13 bankruptcy in 2008.  Following a Motion to convert or dismiss the case filed by the Chapter 13 Trustee, the Debtors voluntarily converted to Chapter 7.  The U.S. Trustee sought dismissal of the case pursuant to 11 U.S.C.

Summary: In a striking example of bi-partisan support,  the House of Representative passed the H.R.  2192 by a vote of 407-1.  This bill would renew the National  Guard and Reservist Debt Relief Act   ("NGARDRA") for an additional 4 years. First enacted in 2008, NGARDRA relieves National Guard and Reserve service members of many of the onerous provisions of the Bankruptcy Act, by providing that if such a service member found him or herself in the unfortunate position of needing to file bankruptcy in the 18-months after returning from active duty

Summary: Debtor executed a promissory note and Deed of Trust in favor of First Citizens in 2004, but since the loans inception made payments to (or through) Cenlar.  After the Debtor filed Chapter 13 in 2007,    Cenlar filed a proof of claim, including a copy of the note, but without any indorsement.  In 2008, the Debtor fell behind on payments and a consent order resolving such delinquency was entered, stating, among other things, that Cellar was the holder or servicer of the note.  In March of 2011, Residential Credit Solutions ("RCS") filed a

Summary: The complaint and anser both failed, in contravention of Rules 7008(a) and 7012(b), to state whether the proceeding was core or  non-core, and if non-core, where the parties consented to the bankruptcy court entering  final orders or judgments.  The Court held that, in light of Stern v. Marshall, 564 U.S. ___, 131 S.Ct.