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Decision of the Ninth Circuit Court of Appeals in Garvin v. Cook Investments NW, Case No. 18-35119 (9th Cir. May 2, 2019)

USA - May 15 2019 In an earlier update, we told you about an appeal pending in the U.S. Court of Appeals for the Ninth Circuit that would decide whether a landlord…

Ninth Circuit Considers Availability of Bankruptcy to Cannabis-Related Businesses

USA - January 3 2019 The value of the legitimate cannabis industry in the United States (measured by annual sales) is rapidly approaching $10 billion and expected to…

Ninth Circuit Narrowly Construes “Insiders” and, in Controversial Decision, Declines to Reverse Bankruptcy Appellate Panel

USA - February 11 2016 To cram-down a chapter 11 plan on non-accepting classes, at least one impaired class must accept the plan, not counting the votes of insiders. In…

Wendell Kusnerus, Steven G. Polard, Ragan Powers, Harvey S. Schochet, Joseph M. VanLeuven

Delaware bankruptcy court denies motion to sell free and clear of senior lien

USA - August 3 2015 The Delaware bankruptcy court recently denied a debtors' motion to sell real estate free and clear of a bank's senior liens on the properties. The…

1st Circuit limits secured lender’s right to post-petition interest by applying flexible standard

USA - April 18 2014 In an important decision for lenders, the 1st Circuit Court of Appeals recently decided In re SW Boston Hotel Venture LLC, holding that a bankruptcy…

Bradley R. Duncan