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Proof of Claim: Foreign Qualification Requirements May Be More Important Than You Thought

In re Flex Fin. Holding Co., 518 B.R. 891 (Bankr. D. Kan. 2014) – A landlord filed a proof of claim for ~$1.34 million for a debtor’s prepetition breach of its lease. The debtor objected based on the landlord’s...more

Ocean Avenue LLC v. County of Los Angeles Affirmed; AB 2372 Passes Assembly

On June 3, 2014, in a published decision, the California Court of Appeal for the Second Appellate District affirmed the Superior Court ruling in Ocean Avenue LLC v. County of Los Angeles, holding that even though 100 percent...more

The Importance of Planning Joint Venture Exit Strategies

With the Miami real estate market making a resurgence, there is a new rush for companies to come together in a joint venture to acquire real estate and develop projects. With the excitement of a new deal, the joint venture...more

Appellate Notes: Week of July 15th

Welcome to our Supreme and Appellate Court summaries webpage. On this page, I provide abbreviated summaries of decisions from the Connecticut appellate courts which highlight important issues and developments in Connecticut...more

CERCLA Is Still Constitutional

To paraphrase Shakespeare, United States v. Sterling Centrecorp, Inc., is a great feast of legal argument. The PRP in that case purchased the assets of a mining company whose operations in California had caused releases of...more

Hidden Liability Traps in Real Estate Loans

Borrowers and their constituents generally benefit from certain limitations on personal liability for indebtedness secured by California real property. California’s one action and anti-deficiency rules require a lender faced...more

Can You Share Your Attorney's Advice With Your Business Partners?

Our preview of the September term continues with Center Partners, Ltd. v. Growth Head GP, LLC. Center Partners involves a dispute over the purchase of a property company. Defendants – a maze of corporations, partnerships...more

Bankruptcy Court Determines that Property Transfer by Corporation in Which Debtor Holds a 50% Interest Does Not Constitute a...

The United States Bankruptcy Court for the District of New Jersey recently found that a debtor’s transfer of property owned by a corporation in which the debtor allegedly held a 50% interest did not automatically constitute a...more

Jumping Into the Future: New Jersey’s New Recording Law

Jumping Into the Future: New Jersey’s New Recording Law by Bob Marsico on May 16, 2012 Early in 2012, the State of New Jersey took a significant step into the future by adopting a thorough update of the state’s decades...more

Mezzanine Borrower’s Chapter 11 Case Filed on Eve of Foreclosure Sale Dismissed as a Bad Faith Filing

On December 22, 2011, Judge Mary F. Walrath of the U.S. Bankruptcy Court for the District of Delaware dismissed with prejudice a mezzanine borrower’s chapter 11 case. See In re JER/ Jameson Mezz Borrower II LLC, 461 B.R. 293...more

Seventh Circuit Affirms Secured Creditors’ Cramdown Rights

On January 19, 2012, the United States Court of Appeals for the Seventh Circuit in an opinion penned by Judge Richard Posner affirmed a bankruptcy court’s dismissal of In re River East Plaza, LLC, a single asset real estate...more

An [In]Subordinate Lender: Delaware Bankruptcy Court Dismisses Mezzanine Borrower's Chapter 11 Case for Bad Faith

In an opinion that has wide-ranging implications for the structured finance industry, the Delaware bankruptcy court recently dismissed a mezzanine borrower’s chapter 11 case as a bad faith filing pursuant to section 1112(b)...more

Turbervilles Business Newsletter - Winter 2011

Welcome to our Winter Newsletter. In this edition, we look at why it may be possible for firms to make a profit when pursuing payment of overdue invoices. A firm of surveyors must pay £18m after giving negligent...more

Turbervilles Business Newsletter - Autumn 2011

Welcome to our autumn newsletter. In this edition, we look at what happens when shareholders fall out and refuse to meet. There’s a report on the accountant who must pay compensation for trying to entice clients away from...more

Two Recent Georgia Banking Decisions Hold Important Lessons for Lenders

In response to the nation’s consumer, business, and governmental financial woes, a judicial backlash is developing wherein the financial services industry is increasingly being held accountable for strict, rather than...more

MoFo New York Tax Insights - Volume 2, Issue 7 - July 2011

In this issue: Tribunal Reverses Itself in Gaied; Tribunal Finds No Responsible Person Liability; Court of Appeals to Hear Echostar Resale Appeal; Sales Tax Regulation on One-Week Rentals Invalidated by ALJ; Taxpayers Win at...more

Turbervilles Winter Business Newsletter

Welcome to our Winter Newsletter. In this edition, we see why many employers fear the removal of the default retirement age will lead to an increase in age related tribunal claims. We have reports on how good contracts...more

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