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
    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
    LLC operating agreement: is a purchase option enforceable against a bankrupt member?
    2014-09-26

    In re Denman, 513 B.R. 720 (Bankr. W.D. Tenn. 2014) –

    A chapter 13 debtor was a member of a limited liability company. Another member sought relief from the automatic stay in order to exercise a right to acquire the debtor’s membership interests pursuant to the LLC operating agreement.

    Filed under:
    USA, Tennessee, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Limited liability company
    Location:
    USA
    Firm:
    Troutman Pepper
    Prepetition post-default rents: who gets the cash – Round 2?
    2013-01-03

    In re Prospect Studios, L.P.,478 B.R. 367 (Bankr. W.D. Mo. 2012) –

    Filed under:
    USA, Missouri, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Accounts receivable, Interest, Default (finance)
    Location:
    USA
    Firm:
    Troutman Pepper
    Attorney fees: following local law can mean the difference between collecting or not
    2015-02-10

    Southside, LLC v SunTrust Bank (In re Southside, LLC), 520 B.R. 914 (Bankr. N.D. Ga. 2014) –

    A debtor objected to attorney fees included in the proof of claim filed by a mortgagee, and the mortgagee moved for relief from the automatic stay to exercise its rights under a security deed securing the debtor’s guaranty based in part on the debtor’s lack of equity in the property.

    Filed under:
    USA, Georgia, Banking, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper
    Location:
    USA
    Firm:
    Troutman Pepper
    Equitable subrogation: “complete and perfect justice” requires party to be without fault
    2014-09-19

    Ocwen Loan Servicing LLC v. Summit Bank, N.A. (In re Francis), 750 F.3d 754 (8th Cir. 2014) –

    A lender that attached the wrong legal description to its recorded mortgage sought equitable subrogation and/or reformation of the mortgage in order to obtain a first priority lien on the intended property.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Mortgage loan, Ally Financial
    Location:
    USA
    Firm:
    Troutman Pepper
    Rent as administrative expense: can a “terminated” lease also be “unexpired”?
    2012-12-18

    Super Nova 330 LLC v. Gazes, 693 F.3d 138 (2d Cir. 2012) –

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Bankruptcy, Landlord, Leasehold estate, Vacated judgment, Remand (court procedure), Second Circuit
    Location:
    USA
    Firm:
    Troutman Pepper
    Lease damage claim: federal or state law – flip a coin?
    2015-02-06

    Broadfoot v. Jamestown Mgmt. Corp. (In re Int’l BioChemical Indus., Inc.), 521 B.R. 395 (Bankr. N.D. Ga. 2014) –

    A chapter 7 trustee objected to the claim of a creditor/lessor on the basis that it should be disallowed because the lessor failed to turn over property recoverable using the trustee’s voiding powers, or alternatively, that it constituted a claim for lease termination damages that was subject to a cap.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper
    Location:
    USA
    Firm:
    Troutman Pepper
    Credit bid (round 2): what does it take to show “cause”?
    2014-09-16

    In re Charles Street African Methodist Episcopal Church of Boston, 510 B.R. 453 (Bankr. D. Mass. 2014) –

    In connection with a proposed sale of real property, a chapter 11 debtor sought to prohibit the mortgagee from submitting a credit bid. It contended that there was “cause” based on its argument that the mortgagee’s claims were subject to a bona fide dispute.

    Filed under:
    USA, Massachusetts, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor
    Location:
    USA
    Firm:
    Troutman Pepper
    Broker commissions: trying to climb the payment priority ladder
    2012-12-13

    In re Grubb & Ellis Co., 478 B.R. 622 (Bankr. S.D.N.Y. 2012) –

    Real estate agents who worked for Grubb & Ellis Co. prior to its bankruptcy sought allowance of their claims for commissions as an administrative expense.  Grubb & Ellis addresses the question of whether a commission due for a sale that closes post-petition where the buyer was procured prepetition is entitled to treatment as an administrative expense.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper
    Location:
    USA
    Firm:
    Troutman Pepper
    Real estate sales: fixtures can be in the eye of the beholder (a/k/a boilerplate matters)
    2015-02-03

    In re Trackwell, 520 B.R. 788 (Bankr. W.D. Mo. 2014) –

    The successful bidder at a bankruptcy auction of a ranch claimed that a cattle chute was included in the sold assets.  The debtors disagreed.  Resolution of the dispute turned on whether the cattle chute constituted a fixture that was part of the real estate.

    Filed under:
    USA, Missouri, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Personal property
    Location:
    USA
    Firm:
    Troutman Pepper

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 230
    • Page 231
    • Page 232
    • Page 233
    • Current page 234
    • Page 235
    • Page 236
    • Page 237
    • Page 238
    • …
    • Next page ››
    • Last page Last »
    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