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In re Elkins
  • Stoll Keenon Ogden PLLC
  • USA
  • November 28 2016

The bankruptcy court grants the creditor’s motion to modify the stay to allow the creditor to proceed with the state

PACA Liens: A New Cloud on Title?
  • Seyfarth Shaw LLP
  • USA
  • November 14 2016

The Perishable Agricultural Commodities Act (PACA) was passed by Congress in 1930 to protect agricultural produce suppliers from unscrupulous vendors

Law Enforcement Thwarts Sovereign Freeman
  • Carlton Fields
  • USA
  • November 3 2016

Copyrighting their names, “signing” with red thumbprints - we’ve seen some unusual court filings from unique individuals. But one person has

Purchasers of NJ Tax Sale Certificates - What You Include in Your Proof of Claim Can Cause a Loss of Your Claim and Lien
  • Dechert LLP
  • USA
  • November 2 2016

In Princeton Office Park, the U.S. Court of Appeals for the Third Circuit affirmed the bankruptcy and district court rulings that the purchaser of a

The Best Offense is a Good Defense: While the Eighth Circuit’s Decision in In re Opportunity Fund LLC Highlights Consequences and Potential Pitfalls of Substantive Consolidation, the Bankruptcy Court Ultimately Dismisses Fraudulent Transfer Claims against the Lenders
  • Haynes and Boone LLP
  • USA
  • November 1 2016

In our previous two news alerts, we examined decisions that potentially undermine key elements of the legal structures that lenders created in

Finance and secured lending in the United States
  • Sullivan & Cromwell LLP
  • Global, USA
  • November 1 2016

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

Holley v. Corcoran (In re Holley)
  • Stoll Keenon Ogden PLLC
  • USA
  • October 31 2016

The Sixth Circuit reverses the bankruptcy court’s order permitting the Chapter 7 trustee to be paid her administrative fee

Federal Appeals Court Rules That Bankrupt Debtors’ Choice to "Surrender" Real Property Waives Their Right to Contest Foreclosure
  • Shumaker Loop & Kendrick
  • USA
  • October 28 2016

Under Section 521(a)(2)(A) of the federal Bankruptcy Code, a debtor in a chapter 7 bankruptcy must file a statement within 30 days of the bankruptcy

Chapter 13 Bankruptcy: How Does it Affect Condominium Associations?
  • Jimerson & Cobb P.A.
  • USA
  • October 20 2016

Condominium owners' associations are unique under Florida law - particularly when it comes to the collection of delinquent assessments and

11th Cir. Holds Bankruptcy ‘Surrender’ Requires Debtor to Give Up All Rights in Collateral
  • Maurice Wutscher LLP
  • USA
  • October 7 2016

The U.S. Court of Appeals for the Eleventh Circuit recently held that the word “surrender” in the Bankruptcy Code, 11 U.S.C. 521(a)(2), requires