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    Delinquent property tax collection: foreclosure may be vulnerable
    2012-09-25

    Williams v. City of Milwaukee City Clerk (In re Williams), 473 B.R. 307 (Bankr. E.D. Wis. 2012) –

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Tax, Troutman Pepper, Property tax, Mortgage loan, Foreclosure, Fair market value, Tax lien
    Location:
    USA
    Firm:
    Troutman Pepper
    Bankruptcy Court Recharacterizes Alleged Loan as Equity Under Delaware Law
    2021-04-19

    When is a loan not a loan? The SDNY Bankruptcy Court in In Re: Live Primary, LLC[1] held that a $6 million start-up loan was actually an equity contribution after analyzing the terms of the transaction and the intent of the parties. The court recharacterized the loan as equity given the alleged loan functioned as an equity investment would be expected to function.

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Troutman Pepper
    Authors:
    Deborah J. Enea
    Location:
    USA
    Firm:
    Troutman Pepper
    Make-Whole Provision Upheld by Bankruptcy Court Despite Lender's Loan Acceleration
    2019-04-26

    In a win for lenders, on March 18, the U.S. Bankruptcy Court for the Southern District of New York held that an unambiguous make-whole provision in a loan contract was enforceable under New York law, despite the fact that the lender had accelerated the loan. In re 1141 Realty Owner LLC, 2019 WL 1270818 (Bankr. S.D.N.Y. Mar. 18, 2019).

    Background

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, United States bankruptcy court
    Authors:
    Deborah J. Enea
    Location:
    USA
    Firm:
    Troutman Pepper
    Cannabis Industry FAQ
    2017-07-18

    Can marijuana businesses receive federal copyright protection?

    Yes. The requirements for registration with the U.S. Copyright Office are that the work is original, creative and fixed in some form of expression. These requirements do not prevent a marijuana business from registering its works, such as pamphlets, instructional videos or even artwork.

    Can marijuana businesses receive any patent protection?

    Filed under:
    USA, Banking, Company & Commercial, Copyrights, Healthcare & Life Sciences, Insolvency & Restructuring, Patents, Real Estate, Tax, Trademarks, White Collar Crime, Troutman Pepper, Financial Crimes Enforcement Network (USA)
    Location:
    USA
    Firm:
    Troutman Pepper
    Strong arm powers: mortgage boo-boo strikes again
    2014-11-18

    Kellner v First Ohio Banc & Lending, Inc. (In re Geraci), 507 B.R. 224 (Bankr. S.D. Ohio 2014) –

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Mortgage loan, Constructive notice
    Location:
    USA
    Firm:
    Troutman Pepper
    “Strong arm” powers Round 3: what happens if a mortgage is recorded before a deed?
    2012-09-20

    Olsen v. Heaver (In re Heaver), 473 B.R. 734 (Bankr. N.D. Ill. 2012) –

    The short story is that when a deed and mortgage are executed at the same time, but the mortgage is recorded before the deed, the recorded mortgage does not provide constructive notice and can be avoided in a bankruptcy – at least under Illinois law as interpreted by the Heaver bankruptcy court.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Mortgage loan, Deed, Conveyancing, Constructive notice, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    2020 Consumer Financial Services Year in Review & A Look Ahead
    2021-03-02

    2020 was a transformative year for the consumer financial services world. As we navigated an unprecedented volume of industry regulation, Troutman Pepper leveraged our decades of experience and legal know how to help clients find successful resolutions and stay ahead of the compliance curve.

    Filed under:
    USA, Arbitration & ADR, Banking, Company & Commercial, Employment & Labor, Insolvency & Restructuring, IT & Data Protection, Litigation, Telecoms, Troutman Pepper, Cybersecurity
    Location:
    USA
    Firm:
    Troutman Pepper
    Bankruptcy Institute Seeks to Relax Student Loan Discharge Rules
    2019-04-16

    In a comprehensive report issued last week, the American Bankruptcy Institute Commission on Consumer Bankruptcy proposed recommendations that would allow student loans to be easier to discharge in bankruptcy, citing the staggering $1.5 trillion in student loan debt held in the United States and the current difficulties with discharging this type of debt in bankruptcy.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Student loan
    Location:
    USA
    Firm:
    Troutman Pepper
    Credit bidding: not an absolute right (and what does that mean?)
    2015-07-29

    In re RML Dev., Inc., 528 B.R. 150 (Bankr. W.D. Tenn. 2014) –

    A mortgagee sought to modify a sale order to (1) modify the bid procedures and (2) confirm that it had a right to credit bid.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper
    Location:
    USA
    Firm:
    Troutman Pepper
    Automatic stay: what happens when a case is reopened?
    2014-11-07

    U.S. Bank, N.A. v. Brumfiel (In re Brumfiel), 514 B.R. 637 (Bankr. D. Colo. 2014) –

    After a debtor reopened her chapter 7 bankruptcy case, a lender moved for relief from the automatic stay in order to continue with a foreclosure action. The debtor objected, arguing among other things that the lender did not have standing to request relief.

    Filed under:
    USA, Colorado, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Foreclosure
    Location:
    USA
    Firm:
    Troutman Pepper

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