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    Ad valorem property taxes: deadline for challenging in a bankruptcy
    2012-12-11

    Pinellas County Property Appraiser v. Read (In re Read), 692 F3d 1185 (11th Cir. 2012) –

    Under Section 505(a)(1) of the Bankruptcy Code, generally a bankruptcy court may determine the amount or legality of any tax. However, under Section 505(a)(2)(C) of the Bankruptcy Code ad valorem real or personal property taxes cannot be contested if the applicable time period under non-bankruptcy law has expired.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Troutman Pepper, Bankruptcy, Debtor, Property tax, Interest, Personal property, Title 11 of the US Code
    Location:
    USA
    Firm:
    Troutman Pepper
    Golf fees as cash collateral: strike three you’re out
    2012-12-04

    Far East Nat’l Bank v. U.S. Trustee, San Diego (In re Premier Golf Properties, LP) 477 B.R. 767 (9th Cir. B.A.P. 2012) –

    Filed under:
    USA, Insolvency & Restructuring, Leisure & Tourism, Litigation, Troutman Pepper, Bankruptcy, Debtor, Collateral (finance), Interest
    Location:
    USA
    Firm:
    Troutman Pepper
    “Loan to own” debtor: public interest overrides bad faith filing
    2012-12-06

    In re 1701 Commerce, LLC, 477 B.R. 652 (Bankr. N.D. Tex. 2012) –

    The capital stack for Presidio Hotel Fort Worth, L.P. consisted of (1) a senior loan of $39.6 million from Dougherty Funding, LLC, (2) a junior loan from Vestin Originations, Inc. and (3) a 20-year tax agreement with the City of Fort Worth pursuant to which the City made annual grant payments.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Debtor, Foreclosure, Bad faith, Default (finance)
    Location:
    USA
    Firm:
    Troutman Pepper
    Valuing collateral: do low-income housing tax credits count?
    2012-11-27

    In re Creekside Senior Apartments, LP, 477 B.R. 40 (6th Cir. B.A.P. 2012) –

    In valuing a bank claim secured by a low-income housing project for purposes of a plan of reorganization, should the remaining federal low‑income housing tax credits allocated to the project be taken into consideration?  In Creekside the bankruptcy court said yes, and the bankruptcy appellate panel agreed.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Tax, Troutman Pepper, Debtor, Collateral (finance), Tax credit, Limited partnership
    Location:
    USA
    Firm:
    Troutman Pepper
    Condo liens: Judicial lien v. security interest v. statutory lien – and who cares?
    2012-11-29

    Young v. 1200 Buena Vista Condominiums, 477 B.R. 594 (W.D. Pa. 2012) –

    Filed under:
    USA, Insolvency & Restructuring, Troutman Pepper, Debtor, Condominium, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    Foreclosure sale: does a week-to-week adjournment violate the automatic stay?
    2012-11-20

    Henson v. Bank of America, N.A. (In re Henson), 477 B.R. 786 (Bankr. D. Colo. 2012) –

    Filed under:
    USA, Colorado, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Punitive damages, Bankruptcy, Foreclosure, Bank of America, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    High-cost loan preemption: who is the lender in a table-funded loan?
    2012-11-15

    Thomas v. Citimortgage (In re Thomas), 476 B.R. 691 (Bankr. D. Mass. 2012) –

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Federal preemption, Debtor, Mortgage loan, Truth in Lending Act 1968 (USA)
    Location:
    USA
    Firm:
    Troutman Pepper
    Bidders beware: collusion to control sale price is subject to sanctions
    2012-11-01

    Boyer v. Gildea, 475 B.R. 647 (N.D. Ind. 2012) –

    Filed under:
    USA, Indiana, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Collusion
    Location:
    USA
    Firm:
    Troutman Pepper
    Construction trust funds: does failure to pay give rise to a non-dischargeable debt?
    2012-11-06

    Reshetar Systems, Inc. v. Thompson, 686 F.3d 940 (8th Cir. 2012) –

    Filed under:
    USA, Construction, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Fiduciary, Debt
    Location:
    USA
    Firm:
    Troutman Pepper
    “Strong arm” powers: who gets first dibs on Christmas trees?
    2012-10-25

    Grogan v. Harvest Capital Co. (In re Grogan), 476 B.R. 270 (Bankr. D. Or. 2012) –

    In Grogan, the debtors planted and harvested Christmas trees.  The bankruptcy court was called upon to determine whether the debtors could exercise their “strong arm” powers under Section 544(a) of the Bankruptcy Code to trump the liens of two of their lenders on the Christmas trees.

    Filed under:
    USA, Oregon, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Mortgage loan, Personal property, Uniform Commercial Code (USA)
    Location:
    USA
    Firm:
    Troutman Pepper

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