Wednesday, March 24, 2010

BofA Attorneys Abuse

"Attorneys for Bank of America Corp. [BofA] have agreed to reimburse lawyers for a Miami developer after a US bankruptcy judge in Florida criticized the bank's lawyers for trying 'to score a litigation point' in an ongoing foreclosure dispute. ... The judge scolded the attorneys for putting potentially defamatory fatcs in the pleading without investigating them fully. ... The rebuke is an extreme example of how lenders can end up on the wrong side of a judge when they make mistakes while moving aggressively against delinquent borrowers. It comes as growing stress in commercial real estate is sparking battles between owners and creditors throughout the country. ... [BofA] attorneys apologized in open court for not conferring with Cabi first before including the accusations in their pleadings. 'I regret and apologize on my behalf and on behalf of the bank for the mistakes,' said H. Peter Haveles Jr., a Kaye Scholer [KS] attorney. ... But Cabi, an affiliate of Mexico's Cababie family and the company, Grupo Gisca, filed for Chapter 11 protection the same day, halting any foreclosure attempt. ... Cabi's attorneys have said the bank's refusal to lower the condos' minimum price slowed sales, harming the project", Christina SN Lewis at the WSJ, 10 March 2010, link:

We know KS. Here's a link to my 31 January 2009 post: http://skepticaltexascpa.blogspot.com/2009/01/sdnys-lazarus.html. What will happen to KS from this? Likely nothing.

4 comments:

Anonymous said...

'I regret and apologize on my behalf and on behalf of the bank for the mistakes,' said H. Peter Haveles Jr., a Kaye Scholer [KS] attorney. ...

Blah blah blah...

High paid lawyers cutting corners.

Move along... nothing new here.

Anonymous said...

Don't forget, Kaye Scholer was disciplined due to various activities represending S&Ls in 1980s.

Anonymous said...

Dear Mr. Skeptical CPA,

You have been quiet lately. :)

We miss your astute commentary.

David

Independent Accountant said...

David:

I am a practising CPA among other things. This has been my worst Tax-SEC season ever. I expect to return to this blog after 15 April.

IA