Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Spotlight on security documents: the landlord waiver
    2011-09-30

    Having enforceable security over all of a borrower’s assets is obviously of primary importance to a lender.  However, where a borrower occupies leased premises, ensuring the lender has quick and reliable access to the collateral is equally important, especially if the landlord proves to be unco-operative after a borrower’s default.  Although court-ordered access to a borrower’s leased premises can be sought after a borrower’s loan default, a landlord waiver obtained prior to an initial advance of a loan can bring some added certainty to the realization process outside of a bankrup

    Filed under:
    Canada, Insolvency & Restructuring, Real Estate, Gowling WLG, Bankruptcy, Debtor, Collateral (finance), Landlord, Leasehold estate, Waiver, Consent, Personal property, Default (law), Default (finance)
    Authors:
    Richard C. Dusome
    Location:
    Canada
    Firm:
    Gowling WLG
    Mind the gap: direction given for defaulting debtors in a BIA proposal
    2010-09-08

    formal proposal under the Bankruptcy and Insolvency Act (BIA) is a powerful alternative to bankruptcy. The benefits of a proposal for the debtor are clear: the debtor reduces its debt load and avoids bankruptcy. However, proposals are also beneficial to creditors since generally the creditor’s recovery in a proposal scenario is better than the potential recovery from a liquidation through a bankruptcy. In simple terms, upon the successful completion of a proposal, the debtor gets a “fresh start” and creditors recover more than they would in a bankruptcy.

    Filed under:
    Canada, Insolvency & Restructuring, Miller Thomson LLP, Bankruptcy, Debtor, Debt, Legal burden of proof, Liquidation, Default (law), Default (finance), Bankruptcy discharge, Constitutional amendment, Bankruptcy and Insolvency Act 1985 (Canada), Trustee
    Authors:
    Craig A. Mills , Margaret R. Sims
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    Chapter 13 Trustee Must Return Funds to Debtor Following Dismissal of Case
    2016-07-05

    What happens to funds held by a Chapter 13 trustee (the “Trustee”) in the event that a Chapter 13 debtor dismisses her case voluntarily? That’s the question that was addressed by the United States Bankruptcy Court for the Eastern District of Michigan (the “Court”) in a recent opinion.1

    In this case, the Chapter 13 debtor (the “Debtor”) owned a residence with significant equity. The Court confirmed a plan pursuant to which the Debtor would retain her residence and make monthly payments to the Trustee in the amount of $8,500.75 for 60 months.

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Foster Swift Collins & Smith PC, Debtor, Unsecured debt, Motion to compel, Default (law), Default (finance), Voluntary dismissal, Title 11 of the US Code, Trustee, Supreme Court of the United States, United States bankruptcy court, US District Court for Eastern District of Michigan
    Authors:
    Patricia J. Scott
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    Collection against Collezione
    2010-08-17

    Two items of interest in the on-going saga of intellectual property enforcement against bankrupt Collezione Europa and its principals, Paul and Leonard Frankel.

    Filed under:
    USA, New Jersey, North Carolina, Copyrights, Insolvency & Restructuring, Litigation, Womble Bond Dickinson (US) LLP, Confidentiality, Bankruptcy, Interest, Discovery, Personal jurisdiction, Design patent, Trademark infringement, Default (law)
    Authors:
    Jacob S. Wharton
    Location:
    USA
    Firm:
    Womble Bond Dickinson (US) LLP
    Reasonableness of pre-petition default rate under section 506(a) not subject to equitable analysis
    2012-10-15

    In re 400 Walnut Associates, L.P., 2012 BL 140988 (E.D. Pa. June 7, 2012)

    CASE SNAPSHOT

    The creditor appealed the denial of its claim for pre-petition interest at the contractual default rate. The district court reversed and remanded the case, holding that the bankruptcy court had incorrectly applied an "equitable analysis" in making its decision.

    FACTUAL BACKGROUND

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Interest, Default (law), Default (finance), Title 11 of the US Code, United States bankruptcy court
    Authors:
    Joseph D. Filloy
    Location:
    USA
    Firm:
    Reed Smith LLP
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days