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Results: 1-10 of 176

LLC operating agreement: is a purchase option enforceable against a bankrupt member?

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

In re Denman, 513 B.R. 720 (Bankr. W.D. Tenn. 2014) - A chapter 13 debtor was a member of a limited liability company. Another member sought relief

Bankruptcy Court finds tenant cannot assume commercial lease after waiving rights to seek relief from forfeiture under California law

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • September 24 2014

The US Bankruptcy Court for the Central District of California (the "Court") recently upheld the validity of a commercial lease provision by which a

Equitable subrogation: “complete and perfect justice” requires party to be without fault

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

A lender that attached the wrong legal description to its recorded mortgage sought equitable subrogation andor reformation of the mortgage in order

Credit bid (round 2): what does it take to show “cause”?

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • September 16 2014

In connection with a proposed sale of real property, a chapter 11 debtor sought to prohibit the mortgagee from submitting a credit bid. It contended

Credit bid: loan-to-own strikes out

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

After the debtors obtained court approval of bidding procedures to auction substantially all of their assets, a secured creditor sought a court

Improperly indexed mortgage: how far does your record review need to go to be safe?

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • September 5 2014

A chapter 7 trustee sought to avoid the lien of a recorded deed of trust because (1) it contained both correct and incorrect parcel numbers and (2

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