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Results: 1-10 of 402

Commercial landlords and tenants beware: the failure to properly terminate a lease pre-petition can lead to unexpected results

  • Berger Singerman LLP
  • -
  • USA
  • -
  • March 26 2015

A commercial landlord's failure to terminate properly a commercial lease can lead to long drawn-out legal battles between the commercial landlord and

Manufactured home lien: forget perfection, you need to have a lien in the first place

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • March 25 2015

A chapter 7 trustee sought to avoid a credit union’s security interest in a manufactured home by asserting his strong arm powers as a hypothetical

Seventh Circuit says finding of intent must be explicit for preclusive effect in non-dischargeability action

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • March 24 2015

The Bankruptcy Code exempts from discharge those debts arising from willful and malicious injuries caused by the debtor. 11 U.S.C. 523(a)(6

Lease deposit characterized as security interest: summary of Alignvest Private Debt Ltd. v Surefire Industries Ltd.

  • Miller Thomson LLP
  • -
  • Canada
  • -
  • March 23 2015

In the context of a tenant's bankruptcy, Justice Romaine of the Alberta Queens Bench recently characterized a deposit provided under a lease as a

Lease claims: you snooze, you lose

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • March 11 2015

After a debtor obtained court approval to retroactively reject a lease as of the bankruptcy filing date, the landlord moved to reset the rejection

Land contracts: mortgage priority and other complications

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • February 20 2015

A Chapter 7 trustee sought to avoid a mortgage on the debtors’ property using the “strong arm” powers of a hypothetical bona fide purchaser of real

Attorney fees: following local law can mean the difference between collecting or not

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • February 10 2015

A debtor objected to attorney fees included in the proof of claim filed by a mortgagee, and the mortgagee moved for relief from the automatic stay to

Newsletter - Restructuring - February 2015 - Supreme Court ruling of November 12, 2014, No. 6522014: leasing installments due after the declaration of insolvency are insolvency claims

  • Cuatrecasas Gonçalves Pereira
  • -
  • Spain
  • -
  • February 6 2015

The Supreme Court repeated its criterion on classifying as insolvency claims any leasing installments arising after the declaration of insolvency

Subrogation and set off of unliquidated claims

  • Eversheds LLP
  • -
  • United Kingdom
  • -
  • February 3 2015

In Spencer Day v Tiuta International Ltd and other 2014 EWCA Civ 1246, the Court held that a creditor who relies on subrogation is still a secured

Real estate sales: fixtures can be in the eye of the beholder (aka boilerplate matters)

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • February 3 2015

The successful bidder at a bankruptcy auction of a ranch claimed that a cattle chute was included in the sold assets. The debtors disagreed