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Bankruptcy won’t help you avoid an oil & gas lease
  • Squire Patton Boggs
  • USA
  • November 23 2015

A district court judge in the Middle District of Pennsylvania recently vacated a bankruptcy court's decision allowing rejection of an oil and gas

Dealing with restaurant and retail leases in bankruptcy
  • Buchalter Nemer
  • USA
  • November 9 2015

The recent Great Recession and the wave of bankruptcy filings that accompanied it presented a number of challenges for landlords and tenants. Yet, as

Bank settles with DOJ for $81.6 million for failing to timely file payment change notices for homeowners in bankruptcy
  • BuckleySandler LLP
  • USA
  • November 6 2015

On November 5, the DOJ announced a proposed settlement with a bank for allegedly violating bankruptcy rules by not providing homeowners with required

Busted! Sixth Circuit holds creditor’s threat to pursue criminal charges against debtor falls outside criminal prosecution exception to automatic stay
  • Weil Gotshal & Manges LLP
  • USA
  • October 20 2015

It is widely known that one of the basic tenets of U.S. bankruptcy law is the imposition of the automatic stay under section 362(a) of the Bankruptcy

Florida bankruptcy court holds debtor who ‘surrenders’ property in BK cannot impede foreclosure
  • Maurice Wutscher LLP
  • USA
  • October 19 2015

The U.S. Bankruptcy Court for the Middle District of Florida recently held that, at a minimum, “surrender” under Bankruptcy Code 521 and 1325

Collateral recovery in bankruptcy: what’s a creditor to do?
  • Kegler Brown Hill + Ritter
  • USA
  • October 15 2015

Lenders make secured loans expecting to recover the collateral in the event of a default. The collateral is sold to satisfy the debt. Experienced

Divided Third Circuit partially stays sale of casino pending commercial tenant’s appeal
  • Schulte Roth & Zabel LLP
  • USA
  • October 13 2015

A divided panel of the U.S. Court of Appeals for the Third Circuit stayed the part of a bankruptcy court's sale order that would have "stripped" a

Property surrender: surrender means surrender really
  • Pepper Hamilton LLP
  • USA
  • September 23 2015

Individual chapter 7 debtors filed a statement of intention electing to surrender their real estate. The mortgagee contended that they had failed to

Broker commissions: technical requirements trump equitable considerations
  • Pepper Hamilton LLP
  • USA
  • September 16 2015

A real estate broker sought allowance of an administrative expense claim for his commission in connection with a sale of real estate. The debtor and

Strong arm powers: does sovereign immunity trump a claim based on state law?
  • Pepper Hamilton LLP
  • USA
  • September 9 2015

Kohut vThe debtor made property tax payments on behalf of several real estate projects. The chapter 7 trustee sought to recover those payments from