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    Proof of claim: foreign qualification requirements may be more important than you thought
    2015-01-16

    In re Flex Fin. Holding Co., 518 B.R. 891 (Bankr. D. Kan. 2014) –

    Filed under:
    USA, Kansas, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Statute of limitations
    Location:
    USA
    Firm:
    Troutman Pepper
    Delinquent property tax collection: dancing around the automatic stay
    2015-01-06

    In re Killmer, 513 B.R. 41 (Bankr. S.D.N.Y. 2014) –

    After reopening a bankruptcy case, a mortgagee moved for a determination that a post-petition delinquent property tax sale was void because it was held in violation of the automatic stay.  In response, the tax authority requested retroactive annulment of the stay.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Troutman Pepper, Property tax, Tax lien
    Location:
    USA
    Firm:
    Troutman Pepper
    Prepetition stay waivers: which way is the wind blowing?
    2015-01-09

    In re Triple A & R Inv., Inc., 519 B.R. 581 (Bankr. D. P.R. 2014) –

    A mortgagee moved for relief from the automatic stay based on the debtor’s prepetition consent to stay relief.  The debtor argued that a prepetition waiver was unenforceable.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor
    Location:
    USA
    Firm:
    Troutman Pepper
    Construction contracts: nothing beats a meeting of the minds
    2014-12-30

    Waldschmidt v. Singletary Construction LLC (In re Tackett), 516 B.R. 498 (Bankr. M.D. Tenn. 2014) –

    A bankruptcy trustee sought turnover of profits from the sale of homes constructed by a contractor.  The trustee contended that there were contracts between the debtor and the contractor pursuant to which the debtor agreed to reimburse the contractor for its costs plus pay a $15,000 contractor’s fee for each home.

    Filed under:
    USA, Tennessee, Construction, Insolvency & Restructuring, Litigation, Troutman Pepper
    Location:
    USA
    Firm:
    Troutman Pepper
    Mortgage recording: what happens when there is an extra “e”?
    2014-12-19

    Weiss v. JPMorgan Chase Bank, N.A. (In re Thibault), 518 B.R. 635 (Bankr. D. Mass. 2014) –

    A chapter 7 trustee sought to avoid a mortgage using his “strong­arm” powers on the basis that it was not properly recorded because the spelling of the debtor’s last name in the mortgage was not the “correct” spelling.

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Constructive notice
    Location:
    USA
    Firm:
    Troutman Pepper
    Mortgage recording requirements: tiny technical defect strikes again
    2014-12-16

    Rogan v. U.S. Bank, N.A. (In re Partin), 517 B.R. 770 (Bankr. E.D. Ky. 2014) –

    A chapter 7 trustee sought to avoid mortgages on three properties using his “strong arm” powers, arguing that they were improperly recorded and thus did not provide constructive notice to a purchaser or lien creditor.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Mortgage loan, Constructive notice
    Location:
    USA
    Firm:
    Troutman Pepper
    Recorded documents: who loses when a document is not properly indexed?
    2014-12-12

    Agin v. Dookhan (In re Hultin), 516 B.R. 190 (Bankr. D. Mass. 2014) –

    A chapter 7 trustee sought to avoid a transfer of the debtor’s real property using his “strong arm” powers based on an argument that the deed conveying the property did not provide constructive notice since it was not properly indexed in the real estate records.

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Constructive notice
    Location:
    USA
    Firm:
    Troutman Pepper
    Bankruptcy sales: it is a good idea to confirm you are acquiring everything you need before you close
    2014-12-05

    The purchaser of assets from one bankruptcy debtor objected to the plan of reorganization filed by a related bankruptcy debtor because the plan did not recognize the purchaser’s rights in a deep water well pursuant to a lease between the two debtors.  The bankruptcy court determined that the buyer did not acquire any rights to the well, the district court affirmed, and the buyer appealed to the 8thCircuit.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Bankruptcy
    Location:
    USA
    Firm:
    Troutman Pepper
    Sale proceeds: better get the carve-out right the first time
    2014-12-02

    In re Stacy’s, Inc., 508 B.R. 370 (Bankr. D. S.C. 2014) –

    A debtor sold substantially all of its assets after negotiating with its primary secured creditor for carve-outs from the sale proceeds for administrative priority and general unsecured claims.  When the administrative claims turned out to be greater than anticipated, the debtor sought court approval to use additional proceeds to pay income tax and other claims.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Secured creditor
    Location:
    USA
    Firm:
    Troutman Pepper
    Banks beware! Parol evidence may not correct drafting errors when enforcing security agreements
    2014-12-02

    Secured transactions typically include two key documents, which are often executed simultaneously: a promissory note memorializing loan and repayment terms executed by the borrower in favor of the lender and a security agreement granting the lender an interest in collateral securing the borrower’s debt owed to the bank. If a borrower ends up filing for bankruptcy, the bank likely will seek to enforce the security agreement against the borrower and recover the collateral. However, as made clear by the U.S.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Collateral (finance)
    Authors:
    Lesley S. Welwarth
    Location:
    USA
    Firm:
    Troutman Pepper

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