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Chapter 7 Mortgages Commercial Bankruptcy

Troutman Pepper

Credit Bidding: Not An Absolute Right (And What Does That Mean?)

Troutman Pepper on

In re RML Dev., Inc., 528 B.R. 150 (Bankr. W.D. Tenn. 2014) – A mortgagee sought to modify a sale order to (1) modify the bid procedures and (2) confirm that it had a right to credit bid. The debtor obtained a court...more

Dechert LLP

Payments to Investors in a Securitization Structure Protected from Avoidance

Dechert LLP on

In what appears to be a matter of first impression, the U.S. Bankruptcy Court for the Northern District of Illinois recently held that payments made to investors in a two tiered securitization structure commonly employed in...more

Cooley LLP

Blog: The Ninth Circuit Rejects the “Dominion and Control Test” for Determining the Initial Transferee in Fraudulent Conveyance...

Cooley LLP on

Under section 550(a) of the Bankruptcy Code, a trustee or debtor in possession may recover property (or its value) that has been fraudulently transferred “from the initial transferee or the entity for whose benefit the...more

Blank Rome LLP

Lenders' risk: Who really owns the collateral?

Blank Rome LLP on

Unlike real estate transactions where a lender can obtain title insurance, secured lenders are often relying upon the representations and warranties in their loan agreement and the borrower’s audited financial statements, if...more

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