Critical Case Comment

By Henry E. Hildebrand, III

Executive Benefits Insurance Agency v. Arkison (In re Bellingham) 2014 WL 2560461 (S.Ct. June 9, 2014) (Thomas)

When a bankruptcy court is called upon to adjudicate a “core” matter, as defined by the statute, as to which the bankruptcy court is not given Constitutional authority to decide per Stern v. Marshall, 564 U.S. ______, 131 S.Ct. 2594 (2011), the statute will be construed to treat such matters as “non-core” subject to de novo review by an Article III court.

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Escrow 101 and 102

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In the fall of 2021, Michael McCormick provided subscribers with an EXCELLENT, expository, seven-part outline on mortgage escrow. This information is just as relevant today as when we first published it with one important update . . . When the next escrow analysis is performed and the servicer has received less than 12 payments of escrow (and often zero, as is often the case after the borrower received a forbearance during the COVID pandemic), the escrow balance will be far less than anticipated!!

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