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    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
    Rejecting related contracts: when can you pick and choose?
    2014-10-28

    In re Trinity Coal Corp., 514 B.R. 526 (Bankr. E.D. Ky. 2014) –

    The debtors sought to reject easement and disposal agreements with the owners of adjacent coal mines. The adjacent owners objected on the basis that the agreements were an integral part of a larger transaction, and could not be separately rejected.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper
    Location:
    USA
    Firm:
    Troutman Pepper
    Improperly indexed mortgage: how far does your record review need to go to be safe?
    2014-09-05

    Albert v. Green Tree Servicing, LLC (In re El Erian), 512 B.R. 391 (Bankr. D. D.C. 2014) –

    A chapter 7 trustee sought to avoid the lien of a recorded deed of trust because (1) it contained both correct and incorrect parcel numbers and (2) it was improperly indexed. The issue turned on whether a bona fide purchaser would have had inquiry or constructive notice of the deed of trust.

    Filed under:
    USA, District of Columbia, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Real Estate, Troutman Pepper, Constructive notice
    Location:
    USA
    Firm:
    Troutman Pepper
    Title insurance: may not solve as many problems as you might expect
    2014-07-08

    Amzak Capital Mgmt. v. Stewart Title of Louisiana (In re West Feliciana Acquisition, L.L.C.), 744 F.3d 352 (5th Cir 2014) –

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Real Estate, Troutman Pepper, Debtor, Title insurance
    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
    Challenging a bankruptcy sale: you snooze, you lose
    2012-09-11

    Reynolds v. Rushton, 473 B.R. 436 (D. Utah 2012) –

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Good faith
    Location:
    USA
    Firm:
    Troutman Pepper
    New York Bankruptcy Court allows total cost method to calculate contractor’s inefficiency damages resulting from restaging of project
    2011-12-20

    GII Industries, Inc. v. New York Dep’t of Transp. 2011 Bankr. LEXIS 3663 (Bankr. E.D.N.Y. Sept. 30, 2011)  

    The Bankruptcy Court for the Eastern District of New York considered the appropriate method for calculating a contractor’s inefficiency damages and whether the contractor was entitled to prejudgment interest in connection with a highway reconstruction project. The Court held that the total cost method was the appropriate manner by which to calculate damages and that the contractor was entitled to prejudgment interest running from the date final payment was due.

    Filed under:
    USA, New York, Construction, Insolvency & Restructuring, Litigation, Troutman Pepper, Title 11 of the US Code
    Location:
    USA
    Firm:
    Troutman Pepper
    Pricing risk: Title II of the Dodd-Frank Act - orderly liquidation authority
    2011-01-11

    Title II of the Dodd-Frank Act establishes a receivership process by which the FDIC can engage in an orderly liquidation process to wind down the affairs of and liquidate the assets of certain failing financial companies that pose a significant risk to the financial stability of the United States.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Troutman Pepper, Shareholder, Debtor, Statutory interpretation, Hedge funds, Mortgage loan, Liquidation, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Federal Deposit Insurance Corporation (USA)
    Authors:
    Frank A. Mayer, III , Michael J. Callaghan
    Location:
    USA
    Firm:
    Troutman Pepper
    Tenth Circuit Affirms Order Allowing Discharge of Private Student Loans
    2020-09-04

    On August 31, 2020, the Tenth Circuit affirmed the United States Bankruptcy Court for the District of Colorado’s holding that certain student loans not guaranteed by a governmental unit may be discharged in bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Tenth Circuit
    Authors:
    Ethan G. Ostroff
    Location:
    USA
    Firm:
    Troutman Pepper
    Lender Beware: Two Recent Bankruptcy Cases Highlight Importance of Diligence in UCC-1 Filings
    2020-02-24

    Lenders should view as cautionary tales two recently handed down decisions regarding UCC-1 financing statements and the perfection of security interests. On December 20, 2019, the U.S. Bankruptcy Court for the District of Kansas in In re Preston held that security interests in personal property were unperfected because the UCC-1 incorrectly set forth the debtor’s name. On January 2, 2020, the U.S.

    Filed under:
    USA, North Carolina, Company & Commercial, Insolvency & Restructuring, Litigation, Troutman Pepper, United States bankruptcy court
    Authors:
    Deborah J. Enea
    Location:
    USA
    Firm:
    Troutman Pepper

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