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    U.S. Bankruptcy Court in California Issues Decision on Enforceability of Prepetition Waivers of the Automatic Stay
    2016-05-04

    Adding to the unsettled body of case law on the enforceability of prepetition waivers of the automatic stay, on April 27, 2016, the U.S.

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Real Estate, Duane Morris LLP, Debtor, Unsecured debt, Waiver, United States bankruptcy court
    Authors:
    Geoffrey A. Heaton , Rudolph J. Di Massa, Jr. , Rosanne Ciambrone
    Location:
    USA
    Firm:
    Duane Morris LLP
    California Bankruptcy Court Holds Debtor Cannot Argue Real Property Had Lower Value Than What Was Attributed to Debtor's Schedules and Sworn Testimony
    2016-02-11

    On November 5, 2015, the United States Bankruptcy Court for the Northern District of California issued a “Memorandum re Plan Confirmation” in In re Bowie, Case No. 15-10144 (Bankr. N.D. Cal. Nov.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Duane Morris LLP, Debtor, United States bankruptcy court
    Authors:
    Marcus O. Colabianchi , Walter W. Gouldsbury III , Rudolph J. Di Massa, Jr. , Ron Oliner
    Location:
    USA
    Firm:
    Duane Morris LLP
    Title insurance companies eliminate creditors' rights coverage for real estate buyers and lenders
    2010-02-11

    Recently, various national title insurance companies, such as First American Title Insurance Company and the entire Fidelity National Title Group—which includes Chicago Title Insurance Company, Fidelity National Title, Ticor Title, Lawyers Title, Commonwealth Land Title, Security Union Title and Alamo Title—officially announced that, effective immediately, creditors' rights coverage will no longer be available by endorsement, affirmative coverage, issuance of the American Land Title Association (ALTA) 1970 policies or otherwise. This change affects both owner's and loan policies.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Real Estate, Duane Morris LLP, Public company, Debtor, Fraud, Due diligence, Market value
    Location:
    USA
    Firm:
    Duane Morris LLP
    3rd Circ.’s New Damages Formula for Entireties Fraud Cases
    2019-03-07

    Law360

    Reprinted with permission from Law360

    In a Feb. 20, 2019, opinion in In re Titus,[1] the U.S. Court of Appeals for the Third Circuit, in an opinion authored by Judge Thomas Ambro, announced a new test for calculating damages in fraudulent transfer actions involving tenancy by the entireties transfers.

    Facts

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Nelson Mullins Riley & Scarborough LLP, U.S. Court of Appeals
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Local Bankruptcy Rules Cannot Add Additional Chapter 13 Confirmation Requirements
    2019-01-02

    Bankruptcy Judges cannot impose additional local chapter 13 confirmation requirements beyond those created by Congress, according to the Southern District of Illinois (the “District Court”).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Nelson Mullins Riley & Scarborough LLP, United States bankruptcy court
    Authors:
    Graham Mitchell
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    In re Olsen: A Cautionary Tale Regarding Due Process and 363 Sales
    2017-09-28

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Nelson Mullins Riley & Scarborough LLP, Due process, United States bankruptcy court
    Authors:
    John T. Baxter
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Alberta Court clarifies ranking of linear property tax claims
    2017-07-28

    A recent unreported decision in the Alberta Court of Queen’s Bench has clarified the ranking of certain municipal tax claims against a bankrupt in Alberta. In Bank of Nova Scotia et al v. Virginia Hills Oil Corp.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Real Estate, McCarthy Tétrault LLP, Bankruptcy, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Walker W. MacLeod
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Doing Business in Canada 2017
    2017-05-03

    McCarthy Tétrault’s Doing Business in Canada provides a user-friendly overview of central aspects of the Canadian political and legal systems that are most likely to affect new and established business in Canada. The newest edition includes sections on: Immigration (at page 129); Employment (at page 151); and Dispute Resolution (at page 171).

    General guidance is included throughout the publication on a broad range of discussions. We also recommend that you seek the advice of one of our lawyers for any specific legal aspects of your proposed investment or activity.

    Filed under:
    Canada, Arbitration & ADR, Company & Commercial, Competition & Antitrust, Corporate Finance/M&A, Employment & Labor, Franchising, Immigration, Insolvency & Restructuring, Intellectual Property, IT & Data Protection, Litigation, Product Regulation & Liability, Projects & Procurement, Real Estate, Tax, McCarthy Tétrault LLP
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Pick and Choose: Federal insolvency law takes precedence over Provincial legislative scheme governing the Alberta Energy Regulator
    2016-05-24

    On May 18, 2016, the Court of Queen’s Bench of Alberta released its much anticipated decision in Re Redwater Energy Corporation, 2016 ABQB 278, which addressed the Oil and Gas Conservation Act (OGCA), the Pipeline Act and the 

    Filed under:
    Canada, Alberta, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Litigation, Real Estate, McCarthy Tétrault LLP, Bankruptcy and Insolvency Act 1985 (Canada), Alberta Energy Regulator, Trustee
    Authors:
    Sean F. Collins , Walker W. MacLeod , Kimberly J. Howard
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Good news for Canadian mortgagees
    2012-09-12

    US lenders in cross-border M&A transactions often ask how real estate security differs in Canada. The short answer is not much; the security and legal requirements are pretty much the same (though perhaps not as heavily negotiated and labyrinthine as US-style documentation).

    Filed under:
    Canada, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Real Estate, McCarthy Tétrault LLP
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP

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