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Ninth Circuit Insulates California Tax Sale from Fraudulent Transfer Attack
  • Schulte Roth & Zabel LLP
  • USA
  • September 21 2016

“The price received at a California tax sale” properly held under state law “conclusively establishes ‘reasonably equivalent value’ for purposes

In Re Transwest Resort Properties, Inc.: Arizona District Court Interpretation of “Impaired Accepting Class” for Plan Confirmation Purposes Threatens Senior Mortgage Lender Protections in Common Real Estate Financing Structures
  • Haynes and Boone LLP
  • USA
  • September 13 2016

The enactment of the Tax Reform Act of 1986, which ended the many tax shelter advantages previously available to real estate investors, coupled with

Upcoming Supreme Court Docket Includes Cases to Watch for Commercial Lawyers
  • Barnes & Thornburg LLP
  • USA
  • August 31 2016

The first Monday of each October marks the beginning of a fresh term for the Supreme Court of the United States. As the 2016 term approaches, the

Involuntary Bankruptcy Primer Part I: Understanding the Oft Ignored Involuntary Bankruptcy Petition (with Bankruptcy Cave Embedded Briefs for Your Use!)
  • Bryan Cave LLP
  • USA
  • August 30 2016

This is a new one for us at The Bankruptcy Cave. We are starting a series of primers, covering a narrow range of law but with more depth than just

North Carolina Court of Appeals Affirms Right of Former Trustee to Represent Lender in Foreclosure Under Deed of Trust
  • Ward and Smith PA
  • USA
  • August 16 2016

Recently, the North Carolina Court of Appeals issued an opinion addressing whether a conflict of interest exists when a trustee under a deed of trust

6th Cir. BAP Holds In Rem Foreclosure Not Disguised In Personam Collection Effort
  • Maurice Wutscher LLP
  • USA
  • August 15 2016

The Bankruptcy Appellate Panel of the Sixth Circuit recently held that a condominium unit owners association did not violate a debtor’s Chapter 7

Missouri Commercial Receivership Act Creates a New Statutory Scheme Which Presents a More Robust Remedy
  • Stinson Leonard Street LLP
  • USA
  • August 3 2016

The Missouri Commercial Receivership Act (MCRA), passed by the Missouri legislature and just signed into law by Governor Nixon, becomes effective Aug

Real Property & Title Insurance Update: Week Ending July 29, 2016
  • Carlton Fields
  • USA
  • August 1 2016

Because final judgment entered day after defendant’s petition for bankruptcy, automatic stay imposed by 11 U.S.C. 362 was in effect and, thus

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