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    High Court restricts grounds to void a transaction under Section 60 of the Companies Act 1963
    2011-01-27

    In the matter of Cognotec Ltd (in receivership)

    Section 60(14) provides that a transaction in breach of section 60 is voidable against any person who had notice of the facts which constitute the breach.

    The company sought to void the debenture which secured the loan on the basis that section 60 had not been complied with and the receiver appointed on foot of the debenture brought a motion for directions.

    The court held that:

    Filed under:
    Ireland, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Mason Hayes & Curran LLP, Shareholder, Debtor, Breach of contract, Legal burden of proof, Constructive notice, Debenture, Companies Act
    Authors:
    Declan Black , Maurice Phelan , Judith Riordan , Frank Flanagan
    Location:
    Ireland
    Firm:
    Mason Hayes & Curran LLP
    The Fifth Circuit Reminds Buyers To Beware Of Buying “Deemed Rejected” Contracts
    2018-12-05

    The recent decision by the Fifth Circuit Court of Appeals in In re Provider Meds, L.L.C. is a stark reminder to chapter 7 trustees that they have an affirmative obligation to examine a debtor’s assets. A trustee’s failure to conduct a sufficient and timely examination may deprive the estate of significant value.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patents, Squire Patton Boggs, Bankruptcy, Patent infringement, Breach of contract, Constructive notice, Trustee, Fifth Circuit
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    6th Cir. BAP Holds Constructive Notice Did Not Bar Bankruptcy Trustee’s Challenge to Defectively Executed Mortgage
    2018-02-28

    The Bankruptcy Appellate Panel of the Sixth Circuit recently held that the constructive notice provisions of section 1301.401 of the Ohio Revised Code do not limit a bankruptcy trustee’s avoidance powers as a hypothetical judgment lien creditor under section 544(a)(1) of the federal Bankruptcy Code.

    A copy of the opinion is available at:  Link to Opinion.

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Constructive notice, Sixth Circuit
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Omission of plat in a mortgage renders its recording a nullity, provides no notice to the trustee and subjects the mortgage to avoidance
    2010-12-01

    Wells Fargo Home Mortgage, Inc. v Richardson (In re Brandt), 434 B.R. 493 (W.D. Mich. 2010)

    CASE SNAPSHOT

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Mortgage loan, Conveyancing, Constructive notice, Wells Fargo, Trustee
    Authors:
    Brian M. Schenker
    Location:
    USA
    Firm:
    Reed Smith LLP
    Court to lenders: strict compliance with local recording requirements necessary
    2011-02-10

    A decision out of the District Court for the Middle District of North Carolina (the “District Court”), now being appealed to the Fourth Circuit Court of Appeals, highlights just how critical it is for lenders to strictly comply with local recording requirements when recording their liens. In SunTrust Bank N.A. v. Northen, 433 B.R. 532 (M.D.N.C. Aug.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Bankruptcy, Debtor, Interest, Deed, Constructive notice, Deed of trust (real estate), Title 11 of the US Code, Trustee, United States bankruptcy court
    Authors:
    Blanka Wolfe
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Land contracts: mortgage priority and other complications
    2015-02-20

    Liebzeit v. Intercity State Bank (In re Blanchard), 520 B.R. 740 (Bankr. E.D. Wis. 2014) –

    A Chapter 7 trustee sought to avoid a mortgage on the debtors’ property using the “strong arm” powers of a hypothetical bona fide purchaser of real estate.  The complication was that the debtors sold the real estate on land contract before they granted the mortgage.

    Filed under:
    USA, Wisconsin, Banking, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Mortgage loan, Constructive notice
    Location:
    USA
    Firm:
    Troutman Pepper
    Constructively charged with having retroactive actual notice when challenging an improperly recorded defective mortgage…wait, what?
    2015-02-17

    “Great cases…make bad law” declared Supreme Court Justice Oliver Wendell Holmes Jr. in his dissenting opinion in the Northern Securities antitrust case of 1904. One of the most oft-quoted phrases any aspiring lawyer will hear in law school, this maxim stands for the proposition that decisions in cases of great importance from a public or social perspective make a poor basis upon which to construct a general law. Although an otherwise innocuous adversary bankruptcy proceeding (Daren A. Messer, et al. v. JPMorgan Chase Bank, NA (In re Messer), Adv. Pro.

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Porter Wright Morris & Arthur LLP, Ex post facto law, Constructive notice
    Authors:
    Matthew E. Moberg
    Location:
    USA
    Firm:
    Porter Wright Morris & Arthur LLP
    Mortgage recording: what happens when there is an extra “e”?
    2014-12-19

    Weiss v. JPMorgan Chase Bank, N.A. (In re Thibault), 518 B.R. 635 (Bankr. D. Mass. 2014) –

    A chapter 7 trustee sought to avoid a mortgage using his “strong­arm” powers on the basis that it was not properly recorded because the spelling of the debtor’s last name in the mortgage was not the “correct” spelling.

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Constructive notice
    Location:
    USA
    Firm:
    Troutman Pepper
    Mortgage recording requirements: tiny technical defect strikes again
    2014-12-16

    Rogan v. U.S. Bank, N.A. (In re Partin), 517 B.R. 770 (Bankr. E.D. Ky. 2014) –

    A chapter 7 trustee sought to avoid mortgages on three properties using his “strong arm” powers, arguing that they were improperly recorded and thus did not provide constructive notice to a purchaser or lien creditor.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Mortgage loan, Constructive notice
    Location:
    USA
    Firm:
    Troutman Pepper
    Recorded documents: who loses when a document is not properly indexed?
    2014-12-12

    Agin v. Dookhan (In re Hultin), 516 B.R. 190 (Bankr. D. Mass. 2014) –

    A chapter 7 trustee sought to avoid a transfer of the debtor’s real property using his “strong arm” powers based on an argument that the deed conveying the property did not provide constructive notice since it was not properly indexed in the real estate records.

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Constructive notice
    Location:
    USA
    Firm:
    Troutman Pepper

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