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Bill on Bankruptcy: Big Time Lawyers Pricing Themselves Out
Bill on Bankruptcy: Detroit Falls Short on Good-Faith Test
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Bill on Bankruptcy: Delaware Garners Almost All Big Chapter 11s
Bill on Bankruptcy: Madoff Victims Rooting for Stanford Victory
Bill on Bankruptcy: Listening in the Dark at the NCBJ
Bill on Bankruptcy: Detroit Shows Need for Amending Bankruptcy Law
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Bill on Bankruptcy: Unprecedented Actions by Two District Judges
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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
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
Bankruptcy preference claims are always an unpleasant surprise. ...more
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
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
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
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
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
"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 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
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
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
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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