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    Bankruptcy sales: “it ain’t over ’til it’s over”
    2015-01-20

    Great Plains Royalty Corp. v. Earl Schwartz Co. (In re Great Plains Royalty Corp.), 520 B.R. 292 (Bankr. D. N.D. 2014) –

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Debtor
    Location:
    USA
    Firm:
    Troutman Pepper
    Cramdown hurdles: how to play the classification game (or not)
    2014-11-11

    n re New Bride Missionary Baptist Church, 509 B.R. 85 (Bankr. E.D. Mich. 2014) –

    After the bankruptcy court denied confirmation of a debtor’s proposed chapter 11 plan of reorganization because there was no accepting impaired class, the debtor proposed an amended plan that placed a mortgagee’s large deficiency claim in one class and claims of other unsecured creditors in a separate “administrative convenience” class.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor
    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
    Strong arm powers: for want of an “s” the mortgage was lost
    2014-07-22

    Hardesty v. Mortgage Electronic Registration Systems, Inc. (In re Boothe), 510 B.R. 154 (Bankr. S.D. Ohio 2013) –

    A chapter 7 trustee successfully sought to avoid a mortgage using his “strong arm” powers on the basis that the mortgage was not properly acknowledged. Once again a mortgagee paid dearly for sloppy execution of a document.

    Filed under:
    USA, Ohio, Insolvency & Restructuring, Litigation, Troutman Pepper, Constructive notice
    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
    Delinquent property tax collection: foreclosure may be vulnerable
    2012-09-25

    Williams v. City of Milwaukee City Clerk (In re Williams), 473 B.R. 307 (Bankr. E.D. Wis. 2012) –

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Tax, Troutman Pepper, Property tax, Mortgage loan, Foreclosure, Fair market value, Tax lien
    Location:
    USA
    Firm:
    Troutman Pepper
    Syndicated loans: when does a no vote count as yes?
    2012-08-10

    In re Rosewood at Providence, LLC, 470 B.R. 619 (Bankr. M.D. Ga. 2011) –

    Filed under:
    USA, Banking, Insolvency & Restructuring, Troutman Pepper, Surety, Debtor, Collateral (finance), Limited liability company, Broadcast syndication
    Location:
    USA
    Firm:
    Troutman Pepper
    Losses and successive ownership changes at the forefront of recent IRS rulings
    2011-03-03

    The Internal Revenue Service (IRS) recently issued rulings regarding the availability of tax losses after a bankruptcy,1 the ability to take a loss under Sections 165(a) and 165(g),2 and the characterization of a loss after an ownership change.3 There are few rulings or other sources of authority for these types of issues, and thus, a review of these rulings provides insight into the IRS’s current thinking on the issues addressed.

    PLR 201051020

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Tax, Troutman Pepper, Bankruptcy, Security (finance), Interest, Limited liability company, Debt, Liquidation, Tax deduction, Holding company, Preferred stock, Troubled Asset Relief Program, Internal Revenue Service (USA)
    Location:
    USA
    Firm:
    Troutman Pepper
    Supreme Court Rules that Possession of Estate Property Does Not Violate Automatic Stay
    2021-02-08

    On January 14, the Supreme Court ruled that more than a mere retention of estate property is needed for a party to violate the automatic stay, vacating and remanding a decision by the U.S. Court of Appeals for the Seventh Circuit (In re Fulton, 926 F.3d 916 (7th Cir. 2019)) that held that the City of Chicago (City) violated the automatic stay by retaining vehicles that were impounded before the filing of the owners’ bankruptcy petitions. See City of Chi. v. Fulton, 141 S. Ct. 585 (2021). The decision resolved a split among several circuit courts.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper
    Authors:
    Kenneth A. Listwak
    Location:
    USA
    Firm:
    Troutman Pepper
    In-Depth Look at Managing Customer Relationships in Troubled Times
    2020-04-07

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Troutman Pepper, Force majeure, Coronavirus
    Authors:
    Francis J. Lawall , Donald J. Detweiler , John Henry Schanne, II
    Location:
    USA
    Firm:
    Troutman Pepper

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