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Trespass and other claims: ever wonder if litigation is worth it?
  • Pepper Hamilton LLP
  • USA
  • May 20 2015

A chapter 11 debtor operated a small private airport. The debtor and an adjacent landowner had a long running dispute that led to the debtor suing

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

To cap or not to cap, that is the question: bankruptcy court examines 502(b)(6)
  • Weil Gotshal & Manges LLP
  • USA
  • May 7 2015

Restructuring professionals cite giving the debtor a “fresh start” as one of the goals of bankruptcy. In order to assist the debtor, the Bankruptcy

Hungarian Supreme Court decision on proceeds of realization of pledged property
  • Taylor Wessing
  • Hungary
  • May 6 2015

Under Hungarian insolvency law, creditors secured by mortgages or pledges are entitled to privileged satisfaction of their claim, meaning concretely

Representations not made as to unobstructed ocean views & the effect of bankruptcy on deposits
  • HopgoodGanim
  • Australia
  • May 5 2015

When a buyer's characteristics can determine whether they are misled about the features of a property Orchid Avenue Pty Ltd v Hingston & Anor 2015

Liquidators vs Home Owners Associations: title deed conditions are binding on liquidators
  • DLA Cliffe Dekker Hofmeyr
  • South Africa
  • April 23 2015

In two recent cases decided in the Supreme Court of Appeal (SCA), namely,Willow Waters Homeowners Association (Pty) Limited v KOKA NO and

Security on inventory subject to third-party intellectual property rights: how are creditors’ rights affected?
  • Langlois Kronstrom Desjardins LLP
  • Canada
  • April 15 2015

The general principle is that security granted on tangible property also charges the property's accessories. That is not the case however when

Entry of punitive damages for car dealership reversed; developers notes considered senior debt
  • Sirote & Permutt PC
  • USA
  • April 11 2015

This week we present for your consideration two cases: (a) an Alabama Court of Civil Appeals decision setting aside a default judgment against a car

Mortgage claims: sometimes the debtor wins, and sometimes the lender wins
  • Pepper Hamilton LLP
  • USA
  • April 8 2015

The debtor objected to a secured creditor’s claim on a number of grounds: it did not default, if it defaulted it was entitled to an opportunity to

Commercial landlords and tenants beware: the failure to properly terminate a lease pre-petition can lead to unexpected results
  • Berger Singerman LLP
  • USA
  • March 26 2015

A commercial landlord's failure to terminate properly a commercial lease can lead to long drawn-out legal battles between the commercial landlord and