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Deborah M. Kennedy
Post date: Thursday, January 18, 2018

A recent opinion issued by the Ninth Circuit Court of Appeals in the case of Pinnacle Restaurant at Big Sky LLC v.

Post date: Thursday, January 18, 2018

Three men had a vision to develop a sports complex in Middleton, Del. They formed a limited liability company called, fittingly, Delaware Sports Complex LLC (hereinafter “DSC”)[1].

Megan W. Murray
Post date: Tuesday, September 26, 2017

In the recent case of In re Oakes,[1] the chapter 7 trustee filed an adversary complaint seeking to avoid PNC Mortgage Company’s mortgage on real property owned by the debtors because of a defective acknowledgment of the debtors’ signatures.

Post date: Tuesday, September 26, 2017

When the U.S. Supreme Court decided BFP v. Resolution Trust Corp.,[1] holding that a mortgage foreclosure sale regularly conducted pursuant to state law could not be avoided as a fraudulent transfer under 11 U.S.C.

Post date: Tuesday, September 26, 2017

            In In re Town Center Flats LLC,[1] the Sixth Circuit Court of Appeals addressed the extent of a debtor’s interest in an assigned stream of rents.

Post date: Tuesday, June 27, 2017

In In re RW Meridian LLC,[1] the Ninth Circuit Bankruptcy Appellate Panel considered whether the pre-petition expiration of the Debtor’s right of redemption for unpaid taxes permitted the tax authority to complete a tax sale post-petition without obtaining relief from the stay.

Post date: Tuesday, June 27, 2017

The increasing relaxation of state laws regulating both the medical and recreational use of marijuana has led to a boom in marijuana-related businesses (“MRBs”). Because MRBs are not exempt from economic forces, however, courts are increasingly being confronted with bankruptcy filings by and against MRBs.

Post date: Monday, June 05, 2017

A recent decision out of the Western District of Pennsylvania, In re Veltre,[1] added to the split among courts about whether a non-collusive foreclosure sale can be avoided as a preferential transfer under § 547.

Post date: Monday, June 05, 2017

Recently, the United States Bankruptcy Court for the Eastern District of New York joined a growing list of courts that have disagreed with the First and Third Circuits and interpreted §1322(b)(2)[1] to prohibit a debtor from modifying a second lien secured by the debtor’s personal residence that is also an income-producing rental prope

Post date: Monday, June 05, 2017

The Bankruptcy Code allows a chapter 13 debtor to propose a plan that bifurcates undersecured claims into secured and unsecured claims except where the claim is one secured “only by a security interest in real property that is the debtor’s principal residence”.[1] If the sole collateral securing the claim is the debtor’s princ


Tue, 03/07/2017

Authors of the most recent Real Estate Committee newsletter recently held a committee call to discuss their respective articles and take participant questions.  Topics included: application of section 363(h) of the Bankruptcy Code, “surrender” of collateral in Chapter 7 and 13 cases, and attorneys’ fees as “cure costs".


Fri, 04/15/2016

Hospitality and the Tax Man: Historical Hospitality Tax Issues in Distress

Fri, 04/17/2015

Don’t Restrict My Sale: The Enforceability of Restrictive Covenants and Easements in Assets Sales in Bankruptcy

Mr. Eric E. Walker
Perkins Coie LLP
131 S Dearborn St Ste 1700
Chicago IL
(312) 324-8659

Mr. Scott Underwood
Shareholder, Head Business and Appellate Litigation Practice Group
Buchanan Ingersoll & Rooney PC
401 E Jackson St Suite 2400
Tampa FL
(813) 222-1187

Mr. Daniel Waxman
Wyatt, Tarrant & Combs, LLP
250 W Main St Ste 1600
Lexington KY
(859) 288-7471

Ms. Megan W. Murray
Newsletter Editor
Trenam Law
PO Box 1102 101 E Kennedy Blvd, Suite 2700
Tampa FL
(813) 227-7414

Mr. David E. Levy
Communications Manager
Vice President
NRC Realty & Capital Advisors, LLC
350 W. Ontario, 4th Floor
Chicago IL
(312) 278-6870

Mr. Michael A. Rosow
Education Director
Winthrop & Weinstine, PA
225 S 6th St Ste 3500
Minneapolis MN
(612) 604-6734

Mr. Bryan R. Kaplan
Special Projects Leader

NYC Department of Housing Preservation and Development
100 Gold St Lbby 3
New York NY
(212) 863-8469