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Bona fide purchasers protected from trustee action

  • Reed Smith LLP
  • -
  • USA
  • -
  • April 27 2009

The U.S. Court of Appeals for the Ninth Circuit has held that a bankruptcy trustee could not avoid an unauthorized sale of real estate to a bona fide purchaser although the proceeds of the sale did belong to the estate

(UK) lease guarantees: an update

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • September 19 2014

When tenants offer landlords guarantees of their lease liabilities landlords need to take care what assignment rights the tenant can have and this

New lawsuit may derail fiber-optics installations in Western PA

  • Reed Smith LLP
  • -
  • USA
  • -
  • July 30 2012

A class-action complaint, filed this July in the U.S. District Court for the Western District of Pennsylvania, seeks millions of dollars in damages from four telecom companies, alleging a deliberate failure to obtain the permission of hundreds of Beaver County property owners before burying fiber-optic cables on their lands

Ohio 7th district Court of Appeals provides much needed clarity on Dormant Mineral Act

  • Reed Smith LLP
  • -
  • USA
  • -
  • April 16 2014

On April 8, 2014, the Court of Appeals for the Seventh District of the State of Ohio issued its opinion in the matter of Walker v. Noon

Subtenant retains possessory rights under section 365(h) despite explicit free and clear section 363(f) sale

  • Reed Smith LLP
  • -
  • USA
  • -
  • June 12 2013

At a "free and clear" asset sale, a buyer obtained a lease of real property that the bankruptcy court held was not free and clear of interests after

Court of Appeal stresses the importance of establishing the terms of an offer

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • January 6 2011

Crest Nicholson (Londinium) Limited v Akaria Investments Limited 2010 EWCA Civ 1331 was an appeal from a decision of the High Court relating to a profit sharing provision in a development agreement

Secured creditors need not file a proof of claim to lift the automatic stay to proceed with a foreclosure action

  • Reed Smith LLP
  • -
  • USA
  • -
  • December 19 2011

An individual debtor appealed the Bankruptcy Court’s orders lifting the automatic stay to permit two creditors to proceed with foreclosure proceedings on real property

Court grants parent companies standing to sue lender as third-party beneficiaries of loan commitment agreements

  • Reed Smith LLP
  • -
  • USA
  • -
  • June 15 2011

A real estate lender agreed to finance three existing projects by lending money to three separate Single-Asset Bankruptcy Remote Entities (SABREs), owned by certain real estate investments trusts, and to finance $160 million in future ventures of the trusts, with further SABREs to be created as each deal came to fruition

When is a property owner entitled to a property tax exemption? Recent developments in the law portend of widespread reconsideration of this question

  • Reed Smith LLP
  • -
  • USA
  • -
  • November 9 2012

Courts in a number of states are reconsidering how to determine whether a property owner, often a nonprofit entity, is entitled to a property tax exemption or other special property tax treatment

Court of Appeal considers the grounds for reopening an application for reconsideration of a refusal to allow permission to appeal

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • January 6 2011

In Trevor Guy v Barclays Bank plc 2010 EWCA Civ 1396 the Court of Appeal heard an application under CPR 52.17 for reconsideration of a refusal to grant permission to appeal a summary judgment decision