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    Mortgage modifications: senior loans may become not so senior
    2014-10-24

    Sperry Assoc. Fed. Credit Union v. US Bank Nat’l Ass’n (In re White), 514 B.R. 365 (Bankr. E.D.N.Y. 2014) –

    A junior mortgagee sought to subordinate the senior mortgage loan based on an argument that modification of the senior loan impaired the junior mortgagee’s rights.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Mortgage loan
    Location:
    USA
    Firm:
    Troutman Pepper
    Stay relief: what happens to “unreasonable” fees?
    2014-10-17

    Wells Fargo Bank, N.A. v. 804 Congress, L.L.C. (In re 804 Congress, L.L.C.), 756 F.3d 358 (5th Cir. 2014) –

    After an oversecured creditor obtained relief from the automatic stay and foreclosed on some property, the bankruptcy court asserted jurisdiction over disposition of the sale proceeds and denied in part the creditor’s claim for fees. The district court reversed and the case was appealed to the 5thCircuit.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Foreclosure, Wells Fargo, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    LLP: when is a partnership not a partnership (and who cares)?
    2014-10-14

    In re Beltway Law Group, LLP, 514 B.R. 341 (Bankr. D. D.C. 2014) –

    A managing partner filed an involuntary chapter 7 petition against a professional limited liability partnership. The bankruptcy court denied the petition and dismissed the case based on its interpretation that the entity was a corporation and not a partnership for purposes of the Bankruptcy Code.

    Filed under:
    USA, District of Columbia, Company & Commercial, Insolvency & Restructuring, Litigation, Troutman Pepper, Limited liability partnership
    Location:
    USA
    Firm:
    Troutman Pepper
    Supreme Court’s denial of certiorari strengthens intellectual property licensees’ protections in cross-border insolvency cases
    2014-10-09

    Chapter 15 of the Bankruptcy Code provides mechanisms for dealing with cases of cross-border insolvency. On Oct. 6, 2014, the U.S. Supreme Court, in Jaffé v. Samsung Electronics Co., Ltd., denied review of a decision of the U.S. Court of Appeals for the Fourth Circuit, upholding a bankruptcy court’s determination that a foreign debtor in a Chapter 15 case could not terminate its intellectual property licenses under German law, where such action would deprive the licensees of the debtor’s U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patents, Troutman Pepper, Debtor, Title 11 of the US Code
    Authors:
    Michael J. Custer , Michael H. Reed
    Location:
    USA
    Firm:
    Troutman Pepper
    Environmental claims: the gift that keeps on giving
    2014-10-10

    Asarco LLC v. Goodwin, 756 F.3d 191 (2nd Cir. 2014) –

    A reorganized company (Asarco) sought contribution for payment of environmental claims from beneficiaries of trusts created under John D. Rockefeller’s will. The district court dismissed the claims, and Asarco appealed to the 2d Circuit.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Troutman Pepper, Environmental remediation
    Location:
    USA
    Firm:
    Troutman Pepper
    Sales free and clear: what about restrictive covenants?
    2014-10-07

    Heatherwood Holdings, LLC v. HGC, Inc. (In re Heatherwood Holdings, LLC), 746 F.3d 1206 (11th Cir. 2014) –

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Covenant (law)
    Location:
    USA
    Firm:
    Troutman Pepper
    Strong arm powers: what can be done with an avoided lien?
    2014-10-03

    DeGiacomo v. Traverse (In re Traverse), 753 F.3d 19 (1st Cir. 2014) –

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Mortgage loan, Foreclosure
    Location:
    USA
    Firm:
    Troutman Pepper
    Subcontractor claims: what can you do once your general contractor files bankruptcy?
    2014-09-30

    Branch Banking & Trust Co. v Construction Supervision Services, Inc. (In re Construction Supervision Services, Inc.), 753 F.3d 124 (4th Cir. 2014) –

    Filed under:
    USA, Construction, Insolvency & Restructuring, Litigation, Troutman Pepper, General contractor, Subcontractor
    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
    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

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