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Results: 1-10 of 194

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

Proof of claim: foreign qualification requirements may be more important than you thought

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • January 16 2015

A landlord filed a proof of claim for $1.34 million for a debtor’s prepetition breach of its lease. The debtor objected based on the landlord’s

Even the “cleverly insidious” lender cannot prevent its borrower from filing bankruptcy

  • Squire Patton Boggs
  • -
  • USA
  • -
  • January 5 2015

Put your lender's hat on. Wouldn't it be great if you could prevent your borrower from filing bankruptcy in the first place? Unfortunately for

Mortgage recording: what happens when there is an extra “e”?

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

A chapter 7 trustee sought to avoid a mortgage using his “strongarm” powers on the basis that it was not properly recorded because the spelling of

“Take that and rewind it.”

  • Squire Patton Boggs
  • -
  • USA
  • -
  • December 9 2014

Imagine: you are a lender that has loaned substantial sums of money to an individual, secured by real property owned by the borrower. After the

Bankruptcy sales: it is a good idea to confirm you are acquiring everything you need before you close

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

The purchaser of assets from one bankruptcy debtor objected to the plan of reorganization filed by a related bankruptcy debtor because the plan did

Loan to own: a potpourri of bankruptcy attacks

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • November 25 2014

Three affiliated debtors (RMI, CBTC and CBI) proposed a plan of reorganization that, among other things, required transfer of the collateral

Loan to own variation: bankruptcy may not provide the answers

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • November 21 2014

A group of lenders moved to dismiss the debtor’s bankruptcy case on the basis that it was filed in bad faith, or in the alternative asked the court to

Cure and reinstatement of home mortgages in chapter 13: Florida's bright-line rule is not so bright

  • Burr & Forman LLP
  • -
  • USA
  • -
  • November 20 2014

Section 1322(c)(1) of the Bankruptcy Code allows debtors to cure defaults and reinstate a mortgage on their principal residence "until such residence