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    Claim amount: It pays to pay attention
    2015-07-22

    In re Walker, 526 B.R. 187 (E.D. La. 2015) –

    The bankruptcy court (1) denied a mortgage lender’s request to file a late amendment to a proof of claim that had been filed on its behalf by the debtor and (2) confirmed the debtor’s proposed plan over the mortgagee’s objection that the plan payments were not sufficient to cure the actual arrearage. The lender appealed to the district court.

    Filed under:
    USA, Louisiana, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    Transferee liability: the lottery ticket/uranium contract rule
    2015-04-15

    Mano-Y&M Ltd. v. Field (In re Mortgage Store, Inc.), 773 F.3d 990 (9th Cir. 2014) –

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Due diligence
    Location:
    USA
    Firm:
    Troutman Pepper
    Real estate cases: bad faith filing does not necessarily mean that you are a bad person
    2015-01-27

    n re Sterling Bluff Investors, LLC, 515 B.R. 902 (Bankr. S.D. Ga. 2014) –

    A mortgagee moved to dismiss a real estate debtor’s chapter 11 case, or in the alternative for relief from the automatic stay.  It contended that the debtor filed bankruptcy in bad faith, and that this was a “single asset real estate” case subject to special provisions regarding its entitlement to relief from the stay.

    Filed under:
    USA, Georgia, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Bad faith
    Location:
    USA
    Firm:
    Troutman Pepper
    Strong arm powers: mortgage boo-boo strikes again
    2014-11-18

    Kellner v First Ohio Banc & Lending, Inc. (In re Geraci), 507 B.R. 224 (Bankr. S.D. Ohio 2014) –

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Mortgage loan, Constructive notice
    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
    Post-petition interest: default rate is not a slam dunk
    2014-08-01

    In re Residential Capital, LLC, 508 B.R. 851 (Bankr. S.D.N.Y. 2014) –

    An oversecured creditor claimed post-petition interest at the contract default rate. The debtors and the post-confirmation liquidating trust objected, arguing that the lender should be limited to the non-default rate.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Interest, Default (finance)
    Location:
    USA
    Firm:
    Troutman Pepper
    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
    Treatment under a plan of reorganization: what does it take to discharge a mortgage?
    2012-10-02

     

    Acceptance Loan Co. v. S. White Transp., Inc. (In re S. White Transp., Inc.), 473 B.R. 695 (S.D. Miss. 2012) –

    In S. White Transportation, by remaining silent until after confirmation, a mortgagee managed to retain its lien notwithstanding the debtor’s attempt to discharge it through a plan of reorganization.

    Filed under:
    USA, Mississippi, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper
    Location:
    USA
    Firm:
    Troutman Pepper
    TOUSA: what’s all the fuss?
    2012-08-10

    Senior Transeastern Lenders v. Official Comm. of Unsecured Creditors (In re TOUSA, Inc.), 680 Fed 3rd 1298 (11th Cir. 2012) –

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Troutman Pepper
    Successor liability after a Section 363 sale - buyer beware
    2011-03-18

    Reprinted with permission from the March 18, 2011 issue of The Legal Intelligencer © 2010 ALM Media Properties, LLC. Further duplication without permission is prohibited. All rights reserved.

    Over the last couple of years, the predominant goal in many business bankruptcy proceedings has been the sale of substantially all of the estate's assets. Such bankruptcy sales are often favored by buyers under Section 363(f), which enables a "free and clear" transfer of the assets.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Debtor, Injunction, Limited liability company, Liability (financial accounting), In rem jurisdiction, Title 11 of the US Code, Ford Motor Company, General Motors, The Legal Intelligencer, United States bankruptcy court
    Authors:
    Francis J. Lawall
    Location:
    USA
    Firm:
    Troutman Pepper

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