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Subjective Intent to Assume Unexpired Lease of Nonresidential Real Property Deemed Insufficient
  • Weil Gotshal & Manges LLP
  • USA
  • July 20 2016

Pursuant to a provision of the Bankruptcy Code familiar to readers of Weil’s Bankruptcy Blog (see our prior post, To Assume or Not to Assume, that Is


Court Finds that Absolute Priority Rule Applies in Individual Chapter 11 Cases
  • Weil Gotshal & Manges LLP
  • USA
  • July 13 2016

While the majority of the cases covered by the Weil Bankruptcy Blog address issues arising in corporate restructurings, cases concerning individual


Finance and secured lending in the United States
  • Sullivan & Cromwell LLP
  • Global, USA
  • June 30 2016

A structured guide to finance and secured lending in the United States


EuroResourceDeals and Debt - June 2016
  • Jones Day
  • Argentina, Canada, European Union, Italy, United Kingdom, USA
  • June 17 2016

During the last two years, the Italian government has focused on reforming the Italian lending market, with the aim of boosting access to financing


Michigan Court of Appeals Interprets Process for Receivership Appointments
  • Dykema Gossett PLLC
  • USA
  • June 16 2016

Michigan Court Rule 2.622 (the “Receivership Rule”) governs the appointment of receivers. The Receivership Rule was amended in 2014 to provide more


ED NY Holds Debtor May Not Force Mortgagee to Take Title in Collateral
  • Maurice Wutscher LLP
  • USA
  • June 14 2016

The U.S. District Court for the Eastern District of New York recently held that a confirmable Chapter 13 plan cannot both “vest” title to real


SD Fla. Bankr. Rejects Mortgagee’s Attempt to Use Borrower’s Surrender in BK to Resolve Contested Foreclosure
  • Maurice Wutscher LLP
  • USA
  • June 13 2016

The U.S. Bankruptcy Court for the Southern District of Florida recently denied a creditor's motion to compel the debtor to surrender mortgaged


Fla. App. Court (5th DCA) Holds Borrower’s Surrender in Bankruptcy Resolves Contested Foreclosure
  • Maurice Wutscher LLP
  • USA
  • June 13 2016

As an example of the conflicting and contrasting court rulings on the effect of surrender in bankruptcy (see our prior update), the District Court of


5th Cir. Holds Tax Buyers Not Subject to TILA
  • Maurice Wutscher LLP
  • USA
  • June 2 2016

The U.S. Court of Appeals for the Fifth Circuit recently held that a transfer of a tax lien to a tax buyer under Texas law does not constitute an


Seventh Circuit Rules That Prepetition Nonresidential Lease Termination Is Voidable “Transfer” in Bankruptcy
  • Jones Day
  • USA
  • June 1 2016

Even before Congress added section 365(c)(3) to the Bankruptcy Code in 1984, it was generally understood that a nonresidential real property lease