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Results: 1-10 of 397

Land contracts: mortgage priority and other complications

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • February 20 2015

A Chapter 7 trustee sought to avoid a mortgage on the debtors’ property using the “strong arm” powers of a hypothetical bona fide purchaser of real

Attorney fees: following local law can mean the difference between collecting or not

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • February 10 2015

A debtor objected to attorney fees included in the proof of claim filed by a mortgagee, and the mortgagee moved for relief from the automatic stay to

Newsletter - Restructuring - February 2015 - Supreme Court ruling of November 12, 2014, No. 6522014: leasing installments due after the declaration of insolvency are insolvency claims

  • Cuatrecasas Gonçalves Pereira
  • -
  • Spain
  • -
  • February 6 2015

The Supreme Court repeated its criterion on classifying as insolvency claims any leasing installments arising after the declaration of insolvency

Real estate sales: fixtures can be in the eye of the beholder (aka boilerplate matters)

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • February 3 2015

The successful bidder at a bankruptcy auction of a ranch claimed that a cattle chute was included in the sold assets. The debtors disagreed

Subrogation and set off of unliquidated claims

  • Eversheds LLP
  • -
  • United Kingdom
  • -
  • February 3 2015

In Spencer Day v Tiuta International Ltd and other 2014 EWCA Civ 1246, the Court held that a creditor who relies on subrogation is still a secured

Doing Business in Canada: A Legal Overview

  • Torkin Manes LLP
  • -
  • Canada
  • -
  • January 31 2015

It has been said that Canada is one of the most unique and enjoyable places in the world for a non-Canadian to explore. Here we

Deeds in lieu: merger doctrine does not apply where grantee is senior lienholder

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • January 30 2015

Lenders and borrowers confronting a failing project and a defaulting loan have several options for dealing with such circumstances

Real estate cases: bad faith filing does not necessarily mean that you are a bad person

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • January 27 2015

A mortgagee moved to dismiss a real estate debtor’s chapter 11 case, or in the alternative for relief from the automatic stay. It contended that the

Post-confirmation: ignoring court orders is not a good idea

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • January 23 2015

The debtors obtained confirmation of plans of reorganization that restructured prepetition mortgage loans. When the servicer for some of the loans

Applications for leave to appeal dismissed - 16 January

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • January 16 2015

On appeal from the judgment of the Court of Appeal for British Columbia pronounced June 6, 2014. In 1974, Mr. Dhillon purchased a home in Vancouver