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Can avoiding potential litigation be considered an uncommercial transaction?
  • McInnes Wilson Lawyers
  • Australia
  • May 13 2015

When a company goes into liquidation liquidators will often try to 'claw back' uncommercial transactions. The recent case of 640 Elizabeth Street Pty

Manufactured home lien: forget perfection, you need to have a lien in the first place
  • Pepper Hamilton LLP
  • USA
  • March 25 2015

A chapter 7 trustee sought to avoid a credit union’s security interest in a manufactured home by asserting his strong arm powers as a hypothetical

Land contracts: mortgage priority and other complications
  • Pepper Hamilton LLP
  • USA
  • February 20 2015

A Chapter 7 trustee sought to avoid a mortgage on the debtors’ property using the “strong arm” powers of a hypothetical bona fide purchaser of real

Attorney fees: following local law can mean the difference between collecting or not
  • Pepper Hamilton LLP
  • USA
  • February 10 2015

A debtor objected to attorney fees included in the proof of claim filed by a mortgagee, and the mortgagee moved for relief from the automatic stay to

Subrogation and set off of unliquidated claims
  • Eversheds LLP
  • United Kingdom
  • February 3 2015

In Spencer Day v Tiuta International Ltd and other 2014 EWCA Civ 1246, the Court held that a creditor who relies on subrogation is still a secured

Mortgage recording: what happens when there is an extra “e”?
  • Pepper Hamilton LLP
  • USA
  • December 19 2014

A chapter 7 trustee sought to avoid a mortgage using his “strongarm” powers on the basis that it was not properly recorded because the spelling of

Strong arm powers: mortgage boo-boo strikes again
  • Pepper Hamilton LLP
  • USA
  • November 18 2014

A Chapter 13 trustee and the debtor sought to use the strong arm powers of a hypothetical bona fide purchaser of real estate to avoid a mortgage

Mortgage enforcement: dot those “I”s and cross those “t”s or else
  • Pepper Hamilton LLP
  • USA
  • August 19 2014

A chapter 13 debtor objected to the portion of a mortgagee’s claim consisting of expenses related to foreclosure of its mortgage. She argued that

Effectiveness of reaffirmation agreements
  • Rogers Townsend & Thomas PC
  • USA
  • August 6 2014

Reaffirmation agreement becomes effective upon filing with the Court if represented by an attorney and not presumed an undue hardship. Per the

Florida state cases - 28042014
  • Carlton Fields Jorden Burt
  • USA
  • April 28 2014

Lessor did not breach commercial lease by failing to complete construction by date certain where lease did not provide date by which property was to