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Does silence mean consent? Some courts have found that it does not (at least for purposes of sales under section 363(f))
  • Weil Gotshal & Manges LLP
  • USA
  • July 22 2015

In melodramatic movie weddings, guests are urged, before the couple is joined in matrimony, to "speak now or forever hold their peace" (although this

Puh-lease, it’s a lease: bankruptcy court upholds agreements as true leases entitled to section 365(h) protections
  • Weil Gotshal & Manges LLP
  • USA
  • July 14 2015

When is an agreement a true lease entitling the nondebtor lessee to possessory protections under section 365(h) of the Bankruptcy Code? The United

Foreclosed property: related rights may be tricky
  • Pepper Hamilton LLP
  • USA
  • July 8 2015

After a developer defaulted, the trustee under a deed of trust held a pre-petition foreclosure sale. The issue was whether the developer debtor’s

Second mortgages cannot be voided in Chapter 7 bankruptcy proceedings
  • Jimerson & Cobb P.A.
  • USA
  • July 8 2015

In a post-housing crisis economy, many homeowners, facing a plummet in home values, found themselves trapped in homes that are worth less than the

Le tribunal étudie les critères d’application de l’article 96 LFI dans le cadre d’une opération prétendument sous-évaluée.
  • Miller Thomson LLP
  • Canada
  • July 3 2015

Dans cette affaire, le syndic demande au tribunal de déclarer sous-évaluée au sens de l’article 96 L.F.I. Le transfert par le failli Ortner d’un

Delaware bankruptcy court holds that vacating premises after rejection of a lease does not constitute termination of the lease
  • Weil Gotshal & Manges LLP
  • USA
  • June 24 2015

Breach or termination? In most cases involving the rejection of an unexpired lease where the debtor is the lessee, whether a rejection constitutes

New Jersey bankruptcy court issues ruling regarding condominium association liens in Chapter 13 proceedings
  • Greenbaum, Rowe, Smith & Davis LLP
  • USA
  • June 22 2015

On June 11, 2015, the United States Bankruptcy Court for the District of New Jersey recognized that a condominium association's lien is entitled to a

Declared property value in prior bankruptcy proceeding not binding in subsequent insurance suit
  • Merlin Law Group, PA
  • USA
  • June 18 2015

A federal district court in Michigan has declared that homeowners were not judicially estopped from asserting that the value of the personal property

Mortgagees beware: District Court affirms Momentive below market cramdown interest ruling
  • Haynes and Boone LLP
  • USA
  • June 15 2015

Sophisticated real estate lenders spend significant amounts of time and energy attempting to insulate themselves from potential bankruptcy filings by

How secure are your terms of sale?
  • Johnson Winter & Slattery
  • Australia
  • June 5 2015

The standard terms of sale of a supplier can form part of a credit application by its customer, appear on sales invoices or order forms or on the