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    Credit bidding: not an absolute right (and what does that mean?)
    2015-07-29

    In re RML Dev., Inc., 528 B.R. 150 (Bankr. W.D. Tenn. 2014) –

    A mortgagee sought to modify a sale order to (1) modify the bid procedures and (2) confirm that it had a right to credit bid.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper
    Location:
    USA
    Firm:
    Troutman Pepper
    Loan to own variation: bankruptcy may not provide the answers
    2014-11-21

    In re SR Real Estate Holdings, LLC, 506 B.R. 121 (Bankr. S.D. Cal. 2014) –

    A group of lenders moved to dismiss the debtor’s bankruptcy case on the basis that it was filed in bad faith, or in the alternative asked the court to find that the debtor was a “single asset real estate” and then to grant the lenders relief from the automatic stay.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Bankruptcy, Debtor
    Location:
    USA
    Firm:
    Troutman Pepper
    Affiliate transfer: fraudulent conveyance or unwinding resulting trust?
    2014-08-12

    Anderson v. Architectural Glass Constr., Inc. (In re Pfister), 749 F.3d 294 (4th Cir. 2014) –

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, White Collar Crime, Troutman Pepper, Debtor
    Location:
    USA
    Firm:
    Troutman Pepper
    Foreclosed property: related rights may be tricky
    2015-07-08

    Cooper v. WPD Polar Ridge, LLC (In re Poplar Ridge, LLC), 526 B.R. 147 (W.D. N.C. 2015) –

    Filed under:
    USA, North Carolina, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Foreclosure
    Location:
    USA
    Firm:
    Troutman Pepper
    Strong arm powers: mortgage boo-boo strikes again
    2014-11-18

    Kellner v First Ohio Banc & Lending, Inc. (In re Geraci), 507 B.R. 224 (Bankr. S.D. Ohio 2014) –

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Mortgage loan, Constructive notice
    Location:
    USA
    Firm:
    Troutman Pepper
    Bankruptcy sales and leases: “free and clear” may not be so “free and clear”
    2014-08-08

    Dishi & Sons v. Bay Condos LLC, 510 B.R. 696 (S.D.N.Y. 2014) –

    In approving the sale of a Chapter 11 debtor’s assets, a bankruptcy court found that a tenant of the debtor was entitled to continue in possession of the leased portion of the sold property for the remainder of its lease.  The successful bidder at the sale appealed, arguing that the sale was “free and clear” of the tenant’s interests. 

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Bankruptcy, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    Trespass and other claims: ever wonder if litigation is worth it?
    2015-05-20

    Flyboy Aviation Properties, LLC v. Franck (In re Flyboy Aviation Properties, LLC), 525 B.R. 510 (Bankr. N.D. Ga. 2015) –

    Filed under:
    USA, Georgia, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper
    Location:
    USA
    Firm:
    Troutman Pepper
    Medical marijuana: what happens in bankruptcy (not much)
    2014-11-04

    In re Arenas, 514 B.R. 887 (Bankr. D. Colo. 2014) –

    The U.S. trustee sought to dismiss “for cause” a chapter 7 case filed by a marijuana grower and his wife. The debtors countered by moving to convert to a chapter 13 case. The case turned on the impact of the federal Controlled Substances Act.

    Filed under:
    USA, Colorado, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Federal preemption, Bankruptcy, Debtor
    Location:
    USA
    Firm:
    Troutman Pepper
    Sale “free and clear”: adequate protection of nothing is nothing
    2014-07-29

    In re Elk Grove Village Petroleum, 510 B.R. 594 (Bankr. N.D. Ill. 2014) –

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Real Estate, Tax, Troutman Pepper, Debtor, Personal property
    Location:
    USA
    Firm:
    Troutman Pepper
    Mortgage claims: sometimes the debtor wins, and sometimes the lender wins
    2015-04-08

    Brandywine Townhouses, Inc. v. Fed. Nat’l Mortgage Ass’n (In re Brandywine Townhouses, Inc.), 518 B.R. 671 (Bankr. N.D. Ga. 2014) –

    Filed under:
    USA, Georgia, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Default (finance), Secured creditor
    Location:
    USA
    Firm:
    Troutman Pepper

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