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9th Cir. Holds Federal Foreclosure Bar Preempts Nevada HOA Superpriority Statute
  • Maurice Wutscher LLP
  • USA
  • September 8 2017

The U.S. Court of Appeals for the Ninth Circuit recently held that the Federal Foreclosure Bar's prohibition on nonconsensual foreclosure of assets

Finance litigation briefing - September 2017
  • Gowling WLG
  • United Kingdom
  • September 6 2017

The High Court has recently considered whether a one signature bank mandate was sufficient to bind a partnership to various loan agreements

“Spanish Peaks” and Leases in a Landlord’s Bankruptcy - Tenants Beware!
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • August 25 2017

The recent Spanish Peaks decision from the Ninth Circuit (covering Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington

Fla. App. Court (5th DCA) Reverses Foreclosure Judgment That Excluded Interest, Escrow
  • Maurice Wutscher LLP
  • USA
  • August 24 2017

The District Court of Appeal of the State of Florida, Fifth District, recently reversed final judgment of foreclosure entered in favor of a mortgagee

Eleventh Circuit Moves Toward Bright Line Rule That Debtors Cannot Retain Real Property Post- Discharge Without Reaffirming the Mortgage Debt
  • Burr & Forman LLP
  • USA
  • August 23 2017

Last year, Burr & Forman lawyers won a decisive victory in the Eleventh Circuit, in the case of In re Failla, 838 F.3d 1170 (11th Cir. 2016). In

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

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

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

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

Sixth Circuit Court of Appeals Sharpens the “Teeth” of Assignments of Rents by Excluding Them From Defaulted Borrower’s Bankruptcy Estate
  • Dykema Gossett PLLC
  • USA
  • July 13 2017

When a defaulted borrower files a bankruptcy petition, two important events occur: (1) a bankruptcy “estate” comprised of certain assets of the debtor