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Lenders' risk: who really owns the collateral?

  • Blank Rome LLP
  • -
  • USA
  • -
  • April 3 2014

Unlike real estate transactions where a lender can obtain title insurance, secured lenders are often relying upon the representations and warranties

A Section 363 sale does not transfer property free and clear of an equitable servitude

  • Snell & Wilmer LLP
  • -
  • USA
  • -
  • April 1 2014

Sales in bankruptcy court under 11 U.S.C. 363 (called "363 Sales") are often used to sell property during a bankruptcy case. The 363 Sale

Seventh Circuit suggests that longer assumptionrejection deadline should govern integrated franchise and commercial lease agreements

  • Jones Day
  • -
  • USA
  • -
  • March 31 2014

It is broadly accepted that the abbreviated deadline for a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") to assume or reject an

West Virginia bankruptcy courts split on when foreclosure sale is final

  • Dinsmore & Shohl LLP
  • -
  • USA
  • -
  • March 14 2014

Lenders that exercise their rights to foreclose upon collateral are often met with a bankruptcy filing near or shortly after the date of sale

Not all property acquired post-petition is safe from creditors

  • Snell & Wilmer LLP
  • -
  • USA
  • -
  • March 3 2014

Although property obtained by a debtor after filing for bankruptcy is usually safe from creditors, a recent case from the Ninth Circuit Bankruptcy

Court of Appeal decision changes treatment of rent in administrations and liquidations

  • Faegre Baker Daniels
  • -
  • United Kingdom, USA
  • -
  • February 28 2014

Earlier this week, the English Court of Appeal overturned the recent decisions in Goldacre (Goldacre (Offices) Ltd v Nortel Networks UK Ltd 2009

Debtor required to turnover property she no longer possessed

  • Holland & Hart LLP
  • -
  • USA
  • -
  • January 27 2014

When a chapter 7 bankruptcy case is filed, a trustee is appointed to gather and sell the debtor's assets. To aid in this effort, the trustee is

Nevada Supreme Court limits homestead exemption in In re Nilsson

  • Snell & Wilmer LLP
  • -
  • USA
  • -
  • January 10 2014

In In re Nilsson, 129 Nev. Adv. 101 (December 26, 2013), the United States Bankruptcy Court for the District of Nevada certified the following

Chapter 11 debtor can assign previously assumed lease despite anti-assignment clause

  • Jenner & Block
  • -
  • USA
  • -
  • November 29 2013

In In re Eastman Kodak Co., 495 B.R. 618 (Bankr. S.D.N.Y. 2013) (No. 12-10202), the Bankruptcy Court for the Southern District of New York permitted

First impressions: commercial leases may be assumed within 210-day deadline and assigned later

  • Jones Day
  • -
  • USA
  • -
  • November 21 2013

Commercial landlords hailed as a significant victory the enactment in 2005 of a 210-day "drop dead" period after which a lease of nonresidential real