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Results: 1-10 of 184

Sixth Circuit says, “I’m with the Underhills!”

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • November 19 2014

You might recognize the last name “Underhill” from the 1980’s movie, Fletch. In the movie, the main character, Irwin “Fletch” Fletcher overhears

Strong arm powers: mortgage boo-boo strikes again

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • November 18 2014

A Chapter 13 trustee and the debtor sought to use the strong arm powers of a hypothetical bona fide purchaser of real estate to avoid a mortgage

Forced sales, unconstitutional takings, and BAPCPA oh my

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • November 11 2014

If a homestead interest in a residence is a separate vested property interest in and of itself, does a forced sale of that home without compensation

Medical marijuana: what happens in bankruptcy (not much)

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • November 4 2014

The U.S. trustee sought to dismiss “for cause” a chapter 7 case filed by a marijuana grower and his wife. The debtors countered by moving to convert

Rejecting related contracts: when can you pick and choose?

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • October 28 2014

The debtors sought to reject easement and disposal agreements with the owners of adjacent coal Mines. The adjacent owners objected on the basis that

“In full satisfaction:” how three words can make all the difference in the release of a non-debtor guarantor

  • Berger Singerman LLP
  • -
  • USA
  • -
  • October 9 2014

As many areas continue to rebound slightly from the real-estate downturn, much litigation still exists related to the exposure of guarantors for

Sales free and clear: what about restrictive covenants?

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • October 7 2014

A chapter 11 debtor owned property that had always been used as a golf course and club. When it requested that it be allowed to sell the property free

Strong arm powers: what can be done with an avoided lien?

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • October 3 2014

DeGiacomo v. Traverse (In re Traverse), 753 F.3d 19 (1st Cir. 2014) - A chapter 7 trustee sought to avoid an unrecorded first mortgage and to

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