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Results: 1-10 of 240

Secured creditors need not file a proof of claim to lift the automatic stay to proceed with a foreclosure action
  • Reed Smith LLP
  • USA
  • December 19 2011

An individual debtor appealed the Bankruptcy Court’s orders lifting the automatic stay to permit two creditors to proceed with foreclosure proceedings on real property


Subtenant retains possessory rights under section 365(h) despite explicit free and clear section 363(f) sale
  • Reed Smith LLP
  • USA
  • June 12 2013

At a "free and clear" asset sale, a buyer obtained a lease of real property that the bankruptcy court held was not free and clear of interests after


New lawsuit may derail fiber-optics installations in Western PA
  • Reed Smith LLP
  • USA
  • July 30 2012

A class-action complaint, filed this July in the U.S. District Court for the Western District of Pennsylvania, seeks millions of dollars in damages from four telecom companies, alleging a deliberate failure to obtain the permission of hundreds of Beaver County property owners before burying fiber-optic cables on their lands


The rule of lenity: should courts defer to agency interpretations of RESPA 8?
  • Reed Smith LLP
  • USA
  • January 8 2015

On November 10, 2014, the U.S. Supreme Court denied a petition for a writ of certiorari in a case entitled Douglas F. Whitman v. United States


Court finds defendants knowingly waived right to jury trial, affirms such waivers must be clear
  • Reed Smith LLP
  • USA
  • December 19 2011

Defendant Bethany Holdings Group, LLC borrowed more than $200 million from Lehman, securing the loans with mortgages on real properties


When is a property owner entitled to a property tax exemption? Recent developments in the law portend of widespread reconsideration of this question
  • Reed Smith LLP
  • USA
  • November 9 2012

Courts in a number of states are reconsidering how to determine whether a property owner, often a nonprofit entity, is entitled to a property tax exemption or other special property tax treatment


Strict compliance with Section 524(c) required to uphold reaffirmation contract
  • Reed Smith LLP
  • USA
  • December 19 2011

In April 1998, Sandburg Financial, as successor in interest to a purchaser in a real estate transaction, obtained a judgment in an action arising from that transaction against a related entity of American Rice, Inc


Secured lender took sufficient affirmative action to effect the assignment of rents
  • Reed Smith LLP
  • USA
  • December 19 2011

The debtor executed a mortgage and assignment of rents in favor of the lender


New legislation gives California property owners relief from legal abuses in ADA accessibility cases
  • Reed Smith LLP
  • USA
  • October 11 2012

On September 19, 2012, California Gov. Brown signed into law SB 1186, a bill that will provide much-needed relief for property owners or tenants facing ADA accessibility cases


Chicago wins the latest round: in a longstanding battle, court upholds Chicago Landmarks Ordinance against constitutional-vagueness challenge by property owners
  • Reed Smith LLP
  • USA
  • May 8 2012

The City of Chicago has prevailed in the latest round of a “no holds barred” battle with local property owners over the constitutionality of The Chicago Landmarks Ordinance