Conflict of Laws Finance & Banking Commercial Real Estate

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Growing Medical Marijuana, Problematic in Bankruptcy, and Out

Frank Arenas is licensed in Colorado to grow and dispense medical marijuana. He and his wife own a building, half of which is used for the cultivation and the other half of which is leased to a marijuana dispensary. These...more

Nevada HOA Super-Priority Lien Statute Preempted by Federal Law, Holds U.S. District Court

On Monday, the U.S. District Court for Nevada issued significant decisions in three cases, holding that a foreclosure on a Nevada HOA’s super-priority lien could not extinguish a deed of trust securing a debt owned by a...more

Medical Marijuana Update—More Confusion by the Federal Government

In my post of June of last year, I wrote about the dangers that commercial lenders may face should they provide financing to borrowers who lease to medical marijuana dispensaries real property that is pledged as collateral...more

Medical Marijuana Dispensaries and Commercial Real Property Lenders—What is the Dope?

Numerous articles have been published about medical marijuana dispensaries. In fact, I read in an article last week that a bipartisan coalition of members of the House of Representatives recently voted to restrict the Drug...more

Sixth Circuit Rules that PTFA Preempts Less Protective State Laws

The United States Court of Appeals for the Sixth Circuit reversed in part a district court’s order granting a motion to dismiss a complaint that included claims for wrongful eviction, denial of due process and outrageous...more

Supreme Court Upholds the Right to “Credit bid” in RadLAX Gateway Hotel, LLC, et al. v. Amalgamated Bank

The secured lender industry experienced a collective sigh of relief on May 29 after the Supreme Court ruled in RadLAX Gateway Hotel, LLC, et al. v. Amalgamated Bank that credit bidding remains a viable option to protect...more

Partial “Dirt-for-Debt” Plans in Chapter 11: the “Indubitable Equivalence” Debate

One consequence of the depressed real estate market has been numerous Chapter 11 bankruptcy cases wherein the debtor seeks confirmation of a “dirt-for-debt” plan. In such a plan, instead of paying the secured creditor the...more

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