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Creditors Real Estate Transactions

Cadwalader, Wickersham & Taft LLP

How to Prepare for a Real Estate Enforcement in Europe, Part 1

This is the first article in our mini-series on European real estate enforcements and restructurings. Given the continued financial stress being experienced across the global economy, we expect that lenders in the real estate...more

A&O Shearman

Italian Tax Treatment Of Real Estate Securitisation Transactions

A&O Shearman on

New ruling by the Italian tax authorities on favourable tax regime applicable to real estate securitization transactions....more

Burr & Forman

The Gross and the Fair of Toxic Tort Claims in Bankruptcy

Burr & Forman on

Environmental-contamination claims present tricky issues for debtors seeking a fresh start through bankruptcy, as well as for creditors and purchasers of distressed assets. Difficult issues emerge in the context of when...more

Allen Matkins

California Supreme Court Confirms Lender Foreclosure Option

Allen Matkins on

Earlier this month, in Black Sky Capital v. Cobb, the California Supreme Court addressed the following question: when a creditor holds senior and junior liens on the same property, can the creditor non-judicially foreclose on...more

Snell & Wilmer

Everyone Wins When a Foreclosure Sale Generates Excess Proceeds

Snell & Wilmer on

When a foreclosure sale generates more money than needed to pay off the lien, the excess proceeds usually go first to creditors in the order of their priority, and second to the owner after creditors are paid in full. So, in...more

Dechert LLP

Section 1111(b) Election Not Available When Collateral Is Sold Post Petition

Dechert LLP on

The facts in Salamon are straightforward. Salamon (“Buyer”) purchased real property from Behrend (“Seller”) that was already subject to two liens (the “Preexisting Debt”). Instead of paying cash at closing, the Buyer executed...more

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