Bankruptcy Finance & Banking Construction

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Nevada Supreme Court Clarifies Mechanic and Materialman Lien Issues

On August 7, 2014, the Nevada Supreme Court issued two opinions dealing with the priority of mechanics’ liens and the proof required for a materialman to establish a lien. These cases provide valuable guidance to lenders,...more

Fourth Circuit Reestablishes Subcontractors’ Right to Perfect Liens After Bankruptcy Filing

The Fourth Circuit Court of Appeals recently ruled in the case of In re Construction Supervision Services that the property interest underlying a subcontractor’s lien on funds arises from the date it first furnishes labor or...more

Mechanics Lien Rights: Use ‘Em or Lose ‘Em

An important new case regarding New Hampshire Mechanics Lien Law has application for contractors in all states and reminds the industry of how painful uncollectible debts can be. In Moultonborough Hotel Group decided on July...more

Contractors And Suppliers’ Defenses To Bankruptcy Preference Claims

Bankruptcy preference claims are always an unpleasant surprise. ...more

Mississippi District Court Defers to New York Court in Bond Action

The United States District Court for the Northern District of Mississippi denied the motion of defendant ACA Financial Guaranty Corporation (ACA) to dismiss a class action complaint, finding that the issues were previously...more

Insolvency in the Building and Construction Industry: Proposed Amendments to the Building and Construction Industry Security of...

The Industry and Current Legislation - The NSW building and construction industry (the Industry) is plagued by a high level of insolvencies. In the 2012 financial year, almost 25% of the external administrations...more

Commercial Restructuring & Bankruptcy Alert - June 2012

In this issue: - Construction Lenders Beware - Supreme Court Upholds Secured Creditor’s Right to Credit Bid in a Bankruptcy Case - Jointly Administered Plans Must Obtain Impaired Class Approval ‘Per Debtor’...more

Subcontractors Take Note - Appellate Division Confirms That Construction Lender Has No Duty To Subcontractor Absent Express...

The New Jersey Appellate Division recently ruled in Vollers Excavating and Construction, Inc. v. Citizens Bank of Pennsylvania, Docket No. A-3844-10T1 (March 5, 2012), that a construction lender has no obligation to pay an...more

How To Minimize Construction Default Consequences

The abandoned construction project can present a nightmare for a property owner. This article details precautions an owner can take pre-construction to minimize the consequences of a failed project....more

Rainbow 215, LLC Chapter 11

Appropriate Rate of Interest in a Cramdown--Judge's Confirmation of Plan of Reorganization of a Single-Asset Real Estate Developer

"APPROPRIATE RATE OF INTEREST" FOR A CHAPTER 11 CRAM-DOWN & THE SUPREME COURT’S "TILL" DECISION According to the Bankruptcy Code, a confirmable Plan of Reorganization must provide dissenting secured creditors a sum...more

Developers personally liable: insolvency and the SPV (UK)

Developers can be personally exposed if they control risk on a development through the limited liability of an SPV vehicle. A recent case holds directors persoanlly liable for the SPV's debts after they should have realised...more

Developer files for Bankruptcy, Entertainment Center in Jeopardy

A proposed plan to build New England’s first Brunswick Zone at 128 Newbury St., a spot on the highway near the intersection with Winona Street is now in danger of not getting off the ground. The local developer responsible...more

Recent Rulings by Bankruptcy Judges have Affected Chapter44A Lien Rights

By William C. Smith, Partner at Manning Fulton & Skinner, P.A. Collections have never been as important — or as challenging — as now. North Carolina construction industry vendors have long held an advantage over other...more

The Tousa, Inc. Bankruptcy Decision: Anatomy And Implications Of A Landmark Creditors’ Rights Case

I. INTRODUCTION A landmark Bankruptcy Court case involving TOUSA, Inc. (“TOUSA”), a Florida-based homebuilder, and several well-known banks, including, among many others, Citicorp North America, Inc. (“Citicorp”) and...more

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