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High Court rejects lender’s proposal to defer payment of couple’s mortgage debt
  • Hayes Solicitors
  • Ireland
  • June 26 2017

The High Court recently rejected an appeal by KBC Bank Ireland (“KBC”) to write down a portion of a debtor couple’s mortgage due to the uncertainty

Burr Alert: Court Denies Creditor’s Motion to Dismiss Chapter 11 Case Despite Multiple Factors in Favor of Dismissal
  • Burr & Forman LLP
  • USA
  • June 20 2017

In a recent case out of the bankruptcy court for the Southern District of Florida (the “Court”), a secured creditor moved to dismiss a debtor’s

6th Cir. Holds Michigan Assignment of Rents Removes Rental Income from Bankruptcy Estate
  • Maurice Wutscher LLP
  • USA
  • June 19 2017

The U.S. Court of Appeals for the Sixth Circuit recently concluded that Michigan’s assignment of rents statute sufficiently deprived the assignor of

An Important Ruling for Secured Lenders - Ninth Circuit Holds that the Proper Cramdown Valuation is Replacement Value
  • Squire Patton Boggs
  • USA
  • June 19 2017

In an important decision for secured creditors, the Ninth Circuit recently held that the proper “cramdown” valuation of a secured creditor’s

Assignments of Rent - - A Dangerous Intersection of State and Federal Law
  • Squire Patton Boggs
  • USA
  • June 5 2017

A recent decision by the Sixth Circuit Court of Appeals may have muddied the question of the impact of collateral rent assignments on a debtor’s

EMI case settles out of court the decision that a tenant cannot assign its lease to its guarantor still stands
  • DLA Piper LLP
  • United Kingdom
  • June 2 2017

In 2016 the High Court considered the validity of an assignment of a lease by a tenant to its guarantor. The antiavoidance provisions in section 25

A company must have a settled intention to appoint an administrator when filing a NOI
  • Burges Salmon LLP
  • United Kingdom
  • June 1 2017

A Court of Appeal judgment held that a company must have a settled intention to appoint an administrator when filing a notice of intent (NOI) under

Ninth Circuit Limits Mortgagee to Value of the Property as Low Income Housing
  • Buchanan Ingersoll & Rooney PC
  • USA
  • June 1 2017

In First Southern National Bank v. Sunnyslope Housing Limited Partnership, No. 12-17241 (9th Cir. May 26, 2017), the Ninth Circuit Court of Appeals

Section 1111(b) Election Not Available When Collateral Is Sold Post Petition
  • Dechert LLP
  • USA
  • May 24 2017

Under section 1111(b) of the U.S. Bankruptcy Code, a non-recourse secured creditor that holds "a claim secured by a lien on property of the estate" is

New Wave of Lehman Litigation Appears to Be Imminent
  • Bilzin Sumberg Baena Price & Axelrod LLP
  • USA
  • May 23 2017

Thousands of mortgage lenders across the country either recently received, or will soon be receiving, this document from Lehman Brothers Holdings, Inc