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Post date: Tuesday, June 19, 2018

Bankruptcy trustees are armed with several familiar tools to recover assets for the benefit of the bankruptcy estate. One commonly used tool is state law avoidance powers, which is granted to trustees by § 544(b). However, trustees (and their attorneys) should be aware that § 548 provides an additional, independent cause of action to avoid transfers.

Post date: Tuesday, June 19, 2018

Section 522(b)(3)(A) of the Bankruptcy Code generally permits a debtor to claim exemptions under the state or local law applicable on the date of the filing of the petition.[1] Which state or local exemption scheme applies is determined by a debtor’s domicile during the 730 days immediately preceding the petition date, but what happens

Post date: Tuesday, June 19, 2018

The collapse of a commercial construction project may result in reorganization or liquidation through an insolvency proceeding overseen by a bankruptcy trustee or receiver. As part of the wind-down process, following the liquidation of assets the fiduciary has an obligation to equitably distribute any remaining and recovered assets to the estate’s creditors.

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.


Tue, 2017-03-07

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, 2016-04-15

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

Fri, 2015-04-17

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

Mr. Scott Underwood
Buchanan Ingersoll & Rooney PC
Tampa, FL
(813) 222-1187

Mr. Daniel I. Waxman
Wyatt, Tarrant & Combs, LLP
Lexington, KY
(859) 288-7471

Mr. Michael A. Rosow
Education Director
Winthrop & Weinstine, P.A.
Minneapolis, MN
(612) 604-6734

Ms. Megan W. Murray
Newsletter Editor
Trenam Law
Tampa, FL
(813) 227-7414

Mr. Bryan R. Kaplan
Special Projects Leader
NYC Department of Housing Preservation and Development
New York, NY
(212) 863-8469

Mr. David E. Levy
Communications Manager
NRC Realty & Capital Advisors, LLC
Chicago, IL
(312) 278-6870