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Results: 1-10 of 202

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 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

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

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