News & Analysis as of

Liens Reclamation

Stikeman Elliott LLP

The Manitok Energy Decision: Builders’ Lien Priority Rights Could Be Lost When Lands Are Subject to AER Abandonment Liability

Stikeman Elliott LLP on

A recent appellate decision from Alberta, Manitok Energy Inc. (Re), marks another chapter in the developing caselaw surrounding environmental obligations in insolvency proceedings. In the decision, the Alberta Court of Appeal...more

Foley & Lardner LLP

Uniform Commercial Code Protections Affecting Vendor Claims: Purchase Money Security Interests and Reclamation

Foley & Lardner LLP on

Dealing with a financially distressed customer requires both vigilance and creativity. Vigilance is critical because closely monitoring a customer’s payment history and overall financial situation will signal whether a...more

Shumaker, Loop & Kendrick, LLP

Recent Delaware Chapter 11 Case Supports Vendors' Reclamation Claims

Recently, the Delaware Bankruptcy Court ruled that a vendor's reclamation trumped a lender's lien on inventory. ...more

Gray Reed

Weathering The Storm Of An Owner Or General Contractor Bankruptcy

Gray Reed on

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

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