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Real Estate Market Commercial Bankruptcy

Mintz - Bankruptcy & Restructuring Viewpoints

Understanding Post-Bankruptcy Liquidation Trusts

A main goal in bankruptcy is to get in and out as quickly as possible to minimize costs.  It is often the case that even though a substantial portion of a debtor’s assets have been liquidated in bankruptcy, some valuable...more

Proskauer Rose LLP

Proskauer: ‘We’re going to see a big uptick in distressed opportunities’

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The private real estate industry has been anticipating distress since the start of the pandemic. But as governments passed emergency measures to keep the economy afloat, the prospect of widespread distress receded. ...more

Spilman Thomas & Battle, PLLC

All Consuming - Financial Litigation Insights, Volume 2, Issue 21

Bankruptcies Trending Down in West Virginia, but for How Long? "Then from June 2020 to June 2021, in the heart of the pandemic, those numbers dropped even more." Why this is important: From 2016 to 2019, there was an...more

Cadwalader, Wickersham & Taft LLP

Don’t Lend No Hand to Raise No Flag Atop No Ship of Fools: Breach of SPE Provisions by Non-Borrower Exposes Non-Borrower to...

A recent decision of New York’s highest court potentially strengthens the ability of lenders to bring suits against third parties for participation in a borrower’s breach of single purpose entity/bankruptcy remote loan...more

Gray Reed

Broad Settlement Discharges Mineral Liens

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When you prepare, review and/or sign settlement agreements you sometimes pay less attention than you should to the details of those “standard” releases! Acme Energy Services, d/b/a Big Dog Drilling v. Staley et al. says,...more

Foster Garvey PC

Opportunity Zone Funds – Part II: Due Diligence Required

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As with any investment, due diligence is required. Investing in an Opportunity Zone Fund (“OZF”) is not any different. Historically, we have seen taxpayers go to great lengths to attain tax deferral. In some instances, the...more

Polsinelli

Polsinelli-TrBK Distress Indices - Third Quarter 2018

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We are pleased to announce the release of the Polsinelli-TrBK Distress Indices Report for the third quarter of 2018. Polsinelli, with data provided exclusively by TrollerBk.com, publishes the Indices Report on a quarterly...more

Gray Reed

Rejection of Mid-Stream Agreements Upheld … Again

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Q: How many New York federal judges does it take to make a mess of Texas property law? A: In In Re: Sabine Oil and Gas Corp., five. One to get it wrong, another to affirm the wrongness, and three more for reinforcement. ...more

Polsinelli

Polsinelli-TrBk Distress Indices - Second Quarter 2018

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We are pleased to announce the release of the Polsinelli-TrBK Distress Indices Report for the second quarter of 2018. Polsinelli, with data provided exclusively by TrollerBk.com, publishes the Indices Report on a quarterly...more

Best Best & Krieger LLP

A Bankruptcy Trustees Power to Abandon Property of the Estate: The Public Heath or Safety Exception - BB&K Attorneys Cathy Ta and...

Chapter 7 trustees play a vital and essential role in the United States bankruptcy system. In every Chapter 7 bankruptcy filing, a Chapter 7 trustee is appointed by the bankruptcy court to oversee the administration of the...more

Polsinelli

Polsinelli-TrBK Distress Indices - Fourth Quarter 2017

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We're pleased to announce the release of the Polsinelli|TrBK Distress Indices for the Fourth Quarter of 2017. Polsinelli, with data provided exclusively by TexHost, LLC d/b/a TrollerBk.com, publishes the Indices on a...more

Polsinelli

Polsinelli-TrBK Distress Indices - Second Quarter 2017

Polsinelli on

We're pleased to announce the release of the Polsinelli|TrBK Distress Indices for the Second Quarter of 2017. Polsinelli, with data provided exclusively by TexHost, LLC d/b/a TrollerBk.com, publishes the Indices on a...more

Lewitt Hackman

Initiating Unlawful Detainer Actions: Perfection Not Required

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In November 2016 the California Supreme Court ordered that a decision from the appellate division of the San Diego Superior Court in U.S. Financial, L.P. v. Michael McLitus (“McLitus”) be published. ...more

Polsinelli

The Devil's Dictionary of Bankruptcy Terms: Strong Arm Powers

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The "Devil's Dictionary" is a quick-reference guide for commercial lenders and other restructuring professionals. In this series, we highlight many of the buzz words found in the Dictionary and used in today's bankruptcy...more

Perkins Coie

Ninth Circuit Overturns Entz-White Lumber; Avoiding Default Interest Via Cure Through Chapter 11 Plan No Longer Valid

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In the case of Pacifica L 51, LLC v. New Investments, Inc. (In re New Investments, Inc.), 9th Cir. November 4, 2016, the U.S. Court of Appeals for the Ninth Circuit held that a Chapter 11 debtor could not avoid paying default...more

Robins Kaplan LLP

Your daily dose of financial news - The Brief – 6.29.16

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Big financial firm stress test results are out from the Fed later today, and though all banks proved up to the task of reserving enough capital (as reported last Friday), the economic downturn simulation that’s part of round...more

Gray Reed

The Model Form JOA in Hard Times (and Farewell, Rally Possum)

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Good morning class. Welcome to an advanced course on what can go wrong with the Model Form just when you need it. FIRST CASE - Do you know where to file your UCC financing statement?...more

Troutman Pepper

Title Insurance: When Does a Construction Lender “Create” or “Suffer” a Mechanics Lien?

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BB Syndication Services, Inc. v. First American Title Ins. Co., 785 F.3d 825 (7th Cir. 2015) – A construction lender sued a title insurance company seeking defense and indemnification in connection with claims in a...more

Davis Wright Tremaine LLP

Delaware Bankruptcy Court Denies Motion to Sell Free and Clear of Senior Lien

The Delaware bankruptcy court recently denied a debtors’ motion to sell real estate free and clear of a bank’s senior liens on the properties. The court rejected the debtors’ arguments that the bank could be compelled to take...more

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