Bankruptcy Residential Real Estate Construction

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Fourth Circuit Clarifies that Bankruptcy Proceedings Need Not Defeat Your Unperfected Mechanics Lien

The statutory mechanics lien is a powerful tool for contractors and suppliers aggrieved by an owner or prime contractor who fails or refuses to pay. Before a mechanics lien may be enforced, the Code of Virginia mandates that...more

Weathering The Storm Of An Owner Or General Contractor Bankruptcy

Bankruptcy court is often the “court of bad news” for creditors. ...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

Breaking News: Insurance Coverage for "Hidden" Mechanics' and Materialmen's Lien Claims in North Carolina is Disappearing

Even in good economic times, lien claims asserted by subcontractors and material suppliers abound and lead to costly disputes. As in many states, North Carolina’s materialmen’s lien statutes create a system where “hidden” or...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

Strategic Defaults on Mortgage Loans & Bankruptcy

On the way in to the office this morning there was a news story on the radio about homes in Arizona. A full 50% of home owners owe more on their home than it is worth here in Arizona. You may have the same thought I...more

Beware: "Broken" Subdivision Pitfalls Will Linger for Years to Come: Top Ten Questions You Need to Ask

We now see signs of hope on the horizon for the battered real estate market. But recovery typically happens in stages and there is no reason that this recovery will differ in that regard. At the initial stages of a recovery,...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

Mortgage Foreclosure Issues

Mortgage Foreclosure Information...more

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