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Results: 1-10 of 170

Fraudulent transfer: a case where strong arm powers were “an inch too short”

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • August 29 2014

A Chapter 11 trustee sought to avoid a transfer of property under Section 544 of the Bankruptcy Code that occurred after (1) the bankruptcy petition

The business behind renting a resort villa

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • August 28 2014

Some of our readers may have had the pleasure of renting a resort villa during their summer vacation (electronic postcards of such fancy digs are

Lease termination: do you really mean it?

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • August 26 2014

A commercial landlord sought relief from the automatic stay so that it could complete prepetition eviction proceedings against the debtor. The debtor

Who will think of the tenants: split in authority regarding the interplay between Bankruptcy Code sections 363(f) and 365(h)(1)(a)

  • Burr & Forman LLP
  • -
  • USA
  • -
  • August 25 2014

A useful tool granted to trustees (and debtors-in-possession) in bankruptcy is the ability to assume or reject leases. The trustee can exploit this

Mortgage enforcement: dot those “I”s and cross those “t”s or else

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • August 19 2014

A chapter 13 debtor objected to the portion of a mortgagee’s claim consisting of expenses related to foreclosure of its mortgage. She argued that

Property tax foreclosure: tax authority may have to pay for equity in property

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • August 15 2014

A chapter 7 trustee sought to avoid a property tax foreclosure as a fraudulent transfer and then to recover damages from the foreclosing county. The

How remote is bankruptcy remote? Is an operating agreement restriction against a bankruptcy filing without the unanimous consent of all members enforceable?

  • Allen Matkins Leck Gamble Mallory & Natsis LLP
  • -
  • USA
  • -
  • August 15 2014

Nonrecourse financing is common in today's commercial real estate lending market. So too are the use of special purpose entities ("SPEs") and limited

Affiliate transfer: fraudulent conveyance or unwinding resulting trust?

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • August 12 2014

A chapter 7 trustee sought to set aside as a a debtor’s transfer of her interest in property held jointly with her husband to her husband’s

Bankruptcy sales and leases: “free and clear” may not be so “free and clear”

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • August 8 2014

In approving the sale of a Chapter 11 debtor’s assets, a bankruptcy court found that a tenant of the debtor was entitled to continue in possession of

Effectiveness of reaffirmation agreements

  • Rogers Townsend & Thomas PC
  • -
  • USA
  • -
  • August 6 2014

Reaffirmation agreement becomes effective upon filing with the Court if represented by an attorney and not presumed an undue hardship. Per the