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Results: 1-10 of 405

Security on inventory subject to third-party intellectual property rights: how are creditors’ rights affected?

  • Langlois Kronstrom Desjardins LLP
  • -
  • Canada
  • -
  • April 15 2015

The general principle is that security granted on tangible property also charges the property's accessories. That is not the case however when

Entry of punitive damages for car dealership reversed; developers notes considered senior debt

  • Sirote & Permutt PC
  • -
  • USA
  • -
  • April 11 2015

This week we present for your consideration two cases: (a) an Alabama Court of Civil Appeals decision setting aside a default judgment against a car

Mortgage claims: sometimes the debtor wins, and sometimes the lender wins

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • April 8 2015

The debtor objected to a secured creditor’s claim on a number of grounds: it did not default, if it defaulted it was entitled to an opportunity to

Commercial landlords and tenants beware: the failure to properly terminate a lease pre-petition can lead to unexpected results

  • Berger Singerman LLP
  • -
  • USA
  • -
  • March 26 2015

A commercial landlord's failure to terminate properly a commercial lease can lead to long drawn-out legal battles between the commercial landlord and

Manufactured home lien: forget perfection, you need to have a lien in the first place

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • March 25 2015

A chapter 7 trustee sought to avoid a credit union’s security interest in a manufactured home by asserting his strong arm powers as a hypothetical

Seventh Circuit says finding of intent must be explicit for preclusive effect in non-dischargeability action

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • March 24 2015

The Bankruptcy Code exempts from discharge those debts arising from willful and malicious injuries caused by the debtor. 11 U.S.C. 523(a)(6

Lease deposit characterized as security interest: summary of Alignvest Private Debt Ltd. v Surefire Industries Ltd.

  • Miller Thomson LLP
  • -
  • Canada
  • -
  • March 23 2015

In the context of a tenant's bankruptcy, Justice Romaine of the Alberta Queens Bench recently characterized a deposit provided under a lease as a

Lease claims: you snooze, you lose

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • March 11 2015

After a debtor obtained court approval to retroactively reject a lease as of the bankruptcy filing date, the landlord moved to reset the rejection

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