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Results: 1-10 of 3,001

5th Cir. Holds Mortgage Fraud Debts Not Dischargeable
  • Maurice Wutscher LLP
  • USA
  • August 15 2017

The U.S. Court of Appeals for the Fifth Circuit recently held that debts arising from a scheme to deprive mortgagees of surplus foreclosure sale


Second Circuit Affirms Bankruptcy Court’s Nullification of Chapter 15 Debtor’s Sale of Claim Due to Woefully Inadequate Price
  • Jones Day
  • USA
  • August 11 2017

In the MarchApril 2013 edition of the Business Restructuring Review, we reported on an opinion by the U.S. Bankruptcy Court for the Southern


Two Recent Decisions Demonstrate Continued Disagreement Over Whether Economic Value or Face Amount of Liens Is Appropriate Metric in Authorizing Free and Clear Bankruptcy Sale
  • Jones Day
  • USA
  • August 11 2017

The ability of a trustee or chapter 11 debtor in possession ("DIP") to sell bankruptcy estate assets "free and clear" of liens on the property under


Facing Mass Store Closings as a Retail Landlord
  • Jenner & Block LLP
  • USA
  • August 9 2017

According to industry reports, retailers have announced well over 3,000 store closings already this year, nearly double the total for all of 2016


Coslow v. Reisz (In re Coslow)
  • Stoll Keenon Ogden PLLC
  • USA
  • August 3 2017

Bankr. W.D. Ky. July 28, 2017) The bankruptcy court enters summary judgment in favor of the debtor and orders the trustee to abandon any interest in


Lessees Left in Limbo
  • Squire Patton Boggs
  • USA
  • August 3 2017

Do a lessee’s possessory interests in real property survive a “free and clear” sale of the property under section 363 of the Bankruptcy Code? In a


Court of Appeals: A Guaranty is a Separate Contract No Matter What the Contracts Say
  • Smith Moore Leatherwood LLP
  • USA
  • August 2 2017

In a divided opinion Tuesday, the Court of Appeals held that a lease and guaranty are separate contracts, even when the guaranty is incorporated


Fla. App. Court (2nd DCA) Holds Trial Court Erred in Applying Texas Law to Foreclosure Deficiency Claim
  • Maurice Wutscher LLP
  • USA
  • August 1 2017

The District Court of Appeal of the State of Florida, Second District, recently held that where loan documents provided that Florida law applied to


Illinois Fed. Court Holds No ‘Bad Faith Denial Of Coverage’ Against Title Insurers in Illinois
  • Maurice Wutscher LLP
  • USA
  • August 1 2017

The U.S. District Court for the Northern District of Illinois recently held that a title insurer may exclude coverage under the exception for defects


Alberta Court clarifies ranking of linear property tax claims
  • McCarthy Tétrault LLP
  • Canada
  • July 28 2017

A recent unreported decision in the Alberta Court of Queen’s Bench has clarified the ranking of certain municipal tax claims against a bankrupt in