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Your search for ‘Hamilton’ returned 3,797 results

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  • Article

    Delayed Recording: Sometimes Late Is No Better Than Never

    A chapter 7 trustee sought to avoid as a preference a mortgage that was recorded within 90 days before a bankruptcy filing.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Delinquent Property Tax Sales (Again): "Reasonably Equivalent Value" – No Way, No How

    A chapter 11 debtor sought to recover real estate that was transferred prepetition to the county following the debtor’s default in a property tax foreclosure proceeding.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
Article

Discharge Injunction Violation: Can A Lender Refuse To Foreclose, Release Its Lien, Or Accept Surrender Of A Property?

After filing a chapter 7 bankruptcy, the debtors tried to surrender their residence to the mortgage lender.
United StatesInsolvency/Bankruptcy/Re-Structuring
Pepper Hamilton LLP
Pepper Hamilton LLP
  • Article

    Escrow Funds: If You Aren’t Careful, Your Funds May Become Part Of A Bankruptcy Estate

    The debtor (AFIS) entered into a joint venture agreement with a third party (Quinlan) to acquire an apartment complex pursuant to a purchase agreement between the debtor and the seller.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Landlord Claims: Not All Administrative Expense Claims Are Equal

    A commercial landlord asked the bankruptcy court to allow its administrative expense claim in a chapter 11 case.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Limitation Period For Trustee Avoidance Action Expanded?

    Generally, there is a specific statute of limitations governing trustee avoidance actions in a bankruptcy case.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    LLC Membership Transfer: Is Expulsion Of A Member A Preferential Transfer?

    LLC membership interests owned by a debtor were transferred to other LLC members after they expelled him shortly before his Chapter 11 bankruptcy.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Mortgagee Standing: This Time Mers Is Not The Problem (A/K/A Sloppy Securitization Procedures Strike Again)

    A discussion on the issues related to a recent case, where a servicer acting on behalf of U.S. Bank National Association, as trustee on behalf of holders of asset backed pass-through certificates, moved for relief from the automatic stay in order to proceed with a mortgage foreclosure.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Priority Fight: Equipment Vendor Takes On Mortgagee

    In Marvel Cliff, an equipment vendor sold and installed security cameras and wireless internet access equipment together with related hardware at an apartment complex.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Property Tax Foreclosure: Tax Authority May Have To Pay For Equity In Property

    A chapter 7 trustee sought to avoid a property tax foreclosure as a fraudulent transfer and then to recover damages from the foreclosing county.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Single Asset Real Estate Case: How Single Is Single?

    The debtor owned units in two apartment buildings. Shortly after it filed bankruptcy, its mortgage lender sought a determination that it was a "single asset real estate" debtor under Section 101(51B) of the Bankruptcy Code...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Untimely Secured Proof Of Claim: The Ghost Of Dewsnup May Save The Day

    A secured creditor holding a mortgage on the residence of two chapter 13 debtors filed a proof of claim almost seven months after the claims bar date
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    What Comes After Stay Relief: The Disappearing Deficiency Claim (Round 1)

    In Wright, a mortgage lender obtained relief from the automatic stay in a chapter 11 bankruptcy and proceeded with a state non-judicial foreclose sale on two properties.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Federal Court Finds Actavis Applies Only to Settlements Involving Monetary Payments

    A United States district court judge sitting in the District of New Jersey has held that only patent litigation settlements involving monetary payments from branded to generic pharmaceutical manufacturers are subject to the rule of reason under the Supreme Court’s landmark decision issued earlier this year, FTC v. Actavis.
    United StatesIntellectual Property
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Sanctions Outlook: Congress To Consider Sanctions Provisions In FY2020 Defense Bill

    At this time, it is uncertain which sanctions provisions will pass the conference committee as a part of the final NDAA.
    United StatesInternational Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Sanctions Tighten On Iranian Metals Sectors

    On May 8, 2019, President Trump issued a new Executive Order expanding secondary sanctions against the iron, steel, aluminum, and copper sectors of Iran.
    United StatesInternational Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Construction Claims: Trust Funds Can Go Poof

    A typical trust fund statute provides that payments to a construction contractor are treated as funds held in trust until its subcontractors and suppliers have been paid.
    United StatesReal Estate and Construction
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Construction Lien Payments: Trust Funds Or Not?

    The trustee of a liquidating trust under a general contractor’s confirmed chapter 11 plan tried to recover pre-petition payments made to a subcontractor as either a preference or a fraudulent conveyance.
    United StatesReal Estate and Construction
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Five Document Management Strategies That Reduce Burdens Of E-Discovery In Construction Claims

    Litigants in all industries, including construction, have to deal with electronic documents.
    United StatesReal Estate and Construction
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Leases: Is Rejection The Same As Termination And Who Is The Tenant Anyway?

    A Chapter 11 debtor sought to assume a lease that had been assigned to it.
    United StatesReal Estate and Construction
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Showing 701–720 of 3797 results

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