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    Are the Bankruptcy Courts Available for the Cannabis Industry?
    2019-03-08

    Since 2012, ten states and the District of Columbia have legalized marijuana for adult recreational use.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Ward and Smith, PA, Cannabis industry, Leahy-Smith America Invents Act 2011 (USA), Controlled Substances Act 1971 (USA), United States bankruptcy court
    Authors:
    Lance P. Martin
    Location:
    USA
    Firm:
    Ward and Smith, PA
    Can I Recover Attorneys' Fees in Bankruptcy?
    2019-02-11

    The United States Court of Appeals for the Fourth Circuit — which covers federal courts in North Carolina — recently handed a big victory to lenders whose borrowers file for bankruptcy protection.

    Filed under:
    USA, Insolvency & Restructuring, Legal Practice, Litigation, Ward and Smith, PA, Fourth Circuit
    Authors:
    Lance P. Martin
    Location:
    USA
    Firm:
    Ward and Smith, PA
    When a Chapter 11 Plan is Absolutely Dead on Arrival
    2019-01-30

    Recently, we discussed In re CHL, a case involving a real estate developer in Chapter 11.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Ward and Smith, PA
    Authors:
    Lance P. Martin
    Location:
    USA
    Firm:
    Ward and Smith, PA
    You Can't Play Hide-And-Go-Seek in Chapter 11
    2018-12-19

    In a Chapter 11 bankruptcy, the debtor attempts to reorganize its affairs in a Chapter 11 Plan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Ward and Smith, PA, United States bankruptcy court
    Authors:
    Lance P. Martin
    Location:
    USA
    Firm:
    Ward and Smith, PA
    North Carolina Court of Appeals Affirms Right of Former Trustee to Represent Lender in Foreclosure Under Deed of Trust
    2016-08-16

    Recently, the North Carolina Court of Appeals issued an opinion addressing whether a conflict of interest exists when a trustee under a deed of trust initiates a foreclosure proceeding and later represents the lender in that same foreclosure proceeding.

    Filed under:
    USA, North Carolina, Banking, Insolvency & Restructuring, Litigation, Real Estate, Ward and Smith, PA
    Location:
    USA
    Firm:
    Ward and Smith, PA
    Getting and keeping your place in line: two reminders if you take personal property as security for a debt
    2013-08-29

    As all creditors know, you must file a financing statement under the Uniform Commercial Code ("UCC"), called a "UCC-1," with the North Carolina Secretary of State to perfect a security interest in personal property (and with the county Register of Deeds if the property might become a real estate fixture).  The UCC-1 puts the world on notice of your security interest and establishes your place in line with respect to rights in the collateral.  But you must prepare and maintain

    Filed under:
    USA, North Carolina, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Ward and Smith, PA, Debtor, Personal property, Uniform Commercial Code (USA)
    Authors:
    Norman J. Leonard , Lance P. Martin
    Location:
    USA
    Firm:
    Ward and Smith, PA

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