USA | Global Insolvency

Trustee’s use of strong-arm powers limited where state ucc gives priority to the lender that perfects its lien post-petition

01 December 2010

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Omission of plat in a mortgage renders its recording a nullity, provides no notice to the trustee and subjects the mortgage to avoidance

01 December 2010

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Fresh start, not so fresh: courts hold that environmental liabilities survive chapter 11 reorganization

01 December 2010

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Consideration of a TRAC clause under the UCC and economic realities required to determine if equipment leases are true leases or disguised financing

01 December 2010

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Compensation distributions triggered by events outside the debtor’s control are property of the estate and subject to avoidance

01 December 2010

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USA

Lehman reaches settlement with perpetual in Dante case

30 November 2010

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Post-confirmation cramdown interest rate: ‘market formula’ applies to oversecured

01 December 2010

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Undersecured mortgage lenders may include fees & costs in arrearage cure amount of chapter 13 debtor under section 1322(e)

01 December 2010

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In a case of first impression, the circuit court determines that a trustee of a securitized investment pool is a ‘transferee’ in a preference action

01 December 2010

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The Donald Trumps Icahn - intercreditor agreement restrictions on junior lenders not controlling in consideration of approval of nonconsensual reorganization plan

01 December 2010

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