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    Sixth Circuit Holds State Court Tax Foreclosure Subject to Fraudulent Transfer Attack
    2022-01-06

    A “federal [fraudulent transfer claim under Bankruptcy Code § 548] is independent of [a] state-court [foreclosure] judgment,” held the U.S. Court of Appeals for the Sixth Circuit on Dec. 27, 2021. In reLowry, 2021 WL 6112972, *1 (6th Cir. Dec. 27, 2021). Reversing the lower courts’ approval of a Michigan tax foreclosure sale, the Sixth Circuit reasoned that “the amount paid on foreclosure bore no relation at all to the value of the property, thus precluding the … argument that the sale was for ‘a reasonably equivalent value’ under the rule of BFP v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Tax, Schulte Roth & Zabel LLP, Foreclosure, Clawback/avoidance/preferences/fraudulent transfers, Sixth Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Florida moves quickly to preserve its status as a business-friendly state
    2011-08-02

    Sometimes state legislatures react slowly to judge-made law and sometimes they move swiftly to correct perceived problems created by court rulings. Often, such rash legislative action is not well thought-out or properly drafted, making the solution worse than the fix. However, in Florida, within one legislative session, the Florida Legislature and governor considered and enacted a set of amendments to Florida's limited liability statute that hopefully will signal the business community that Florida knows how to pass laws that make sense.

    Filed under:
    USA, Florida, Company & Commercial, Insolvency & Restructuring, Foley & Lardner LLP, Debtor, Fraud, Interest, Limited liability company, Foreclosure, Limited partnership, Dissenting opinion, Federal Trade Commission (USA), Constitutional amendment, Florida Supreme Court
    Authors:
    Mark J. Wolfson
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Weathering the storm: a routine foreclosure may be a preferential transfer
    2011-08-08

    As many creditors have unfortunately discovered, the Bankruptcy Code allows a debtor to sue the creditor for certain payments – called preferences – that the creditor received from the debtor prior to the bankruptcy.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Haynes and Boone LLP, Bankruptcy, Credit (finance), Debtor, Collateral (finance), Foreclosure, Default (finance), Title 11 of the US Code
    Authors:
    Robert Albergotti , Robin E. Phelan , John Middleton
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Moratorium on Evictions and Foreclosures in Massachusetts During the COVID-19 Emergency
    2020-05-01

    On April 20, 2020, Massachusetts Governor Charlie Baker signed legislation suspending evictions of many residential and commercial tenants as well as halting the foreclosure of most residential properties. The new law, Chapter 65 of the Acts of 2020, “An Act providing for a Moratorium on Evictions and Foreclosures During the COVID-19 Emergency,” takes effect immediately and will remain in place until the earlier of August 18, 2020 or 45 days after Governor Baker lifts the Coronavirus Disease 2019 (COVID-19) emergency declaration.

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Real Estate, Greenberg Traurig LLP, Landlord, Foreclosure, Coronavirus, Commercial tenant
    Authors:
    Edward S. Hershfield
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Russian insolvency moratorium - issues to consider
    2020-05-01

    In light of the coronavirus pandemic, the Russian Federal Law "On Insolvency (Bankruptcy)" (the "Bankruptcy Law") has been amended to allow the Russian Government to introduce a moratorium on filing of insolvency claims.

    Filed under:
    Russia, Insolvency & Restructuring, Hogan Lovells, Foreclosure, Moratorium, Coronavirus
    Authors:
    Alexander Gasparyan
    Location:
    Russia
    Firm:
    Hogan Lovells
    Can You Purchase Real Estate Safely from Bankruptcy, Foreclosure, or a Receiver?
    2020-10-13

    Yes, but only if it is done carefully.

    All three of these options are procedures intended to secure the most money from the sale for the payment of creditors, and to leave the Seller creditor with no post-closing liability, but the procedure is not set up to provide a Buyer the most protection. However, if you proceed carefully, you can secure the major protections you need, in most circumstances.

    Compare these procedures. In a normal contractual sale, a Buyer usually has the following protections:

    Filed under:
    USA, Insolvency & Restructuring, Real Estate, Michael Best & Friedrich LLP, Bankruptcy, Foreclosure, Due diligence
    Authors:
    Nancy Leary Haggerty
    Location:
    USA
    Firm:
    Michael Best & Friedrich LLP
    Business continuity – court-supervised reorganisations
    2009-06-04

    The Business Continuity Act of 31 January 2009 (the "Act") creates a variety of flexible tools to promote business recovery. This update focuses on the new judicial (i.e., court-supervised) reorganisation proceedings (as opposed to out-of-court workouts and court-supervised sales of the business).

    Simplified access to proceedings

    Filed under:
    Belgium, Insolvency & Restructuring, NautaDutilh, Bankruptcy, Debtor, Interest, Debt, Consent, Foreclosure, Prejudice, Dissolution (law), Business continuity
    Authors:
    Stan Brijs
    Location:
    Belgium
    Firm:
    NautaDutilh
    Things You May Not Know About the Farm Debt Mediation Act
    2016-07-07

    Most or all creditors who lend to farmers will be familiar with the Farm Debt Mediation Act, S.C. 1997, c. 21 (the “FDMA”) and the need to serve a notice under the FDMA before taking action against a farmer. However, there are some details of how the FDMA operates that may not be as well-known. This piece will highlight some of those details.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Real Estate, Miller Thomson LLP, Property tax, Debt, Mortgage loan, Foreclosure, Mediation, Secured creditor
    Authors:
    David G. Gerecke
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    “Alberta, Alberta: What Is a Secured Lender/Noteholder To Do with Canadian O&G Collateral?”
    2016-06-24

    Prior to May 19, 2016, enforcing security against a financially-troubled O&G borrower in Alberta was a difficult proposition because the Alberta Energy Regulator (AER) had promulgated regulations to the effect that it would not license acquirers of producing wells unless potential environmental liabilities for the costs of abandonment, remediation and reclamation for non-producing wells were covered, either by the acquirer assuming the liabilities or posting the necessary R&R bonding.

    Filed under:
    Canada, Alberta, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Bracewell LLP, Debtor, Foreclosure, Liability (financial accounting), Alberta Energy Regulator, Bankruptcy and Insolvency Act 1985 (Canada)
    Location:
    Canada
    Firm:
    Bracewell LLP
    Fannie and Freddie extend temporary suspension of foreclosure sales
    2018-03-13

    On March 7, Fannie Mae, in Lender Letter LL-2018-01, and Freddie Mac, in Guide Bulletin 2018-04, extended the suspension of foreclosure sales through May 31 of mortgaged properties in FEMA-declared disaster areas in Puerto Rico and the U.S. Virgin Islands due to Hurricanes Irma and Maria.

     

    Filed under:
    Puerto Rico, US Virgin Islands, USA, Banking, Insolvency & Restructuring, Real Estate, Orrick, Herrington & Sutcliffe LLP, Foreclosure
    Location:
    Puerto Rico, US Virgin Islands, USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP

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