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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.

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.

Pages

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
Co-Chair
Shareholder, Head Business and Appellate Litigation Practice Group
Buchanan Ingersoll & Rooney PC
401 E Jackson St Suite 2400
Tampa FL
33602-5233
(813) 222-1187

Mr. Daniel Waxman
Co-Chair
Partner
Wyatt, Tarrant & Combs, LLP
250 W Main St Ste 1600
Lexington KY
40507-1726
(859) 288-7471

Ms. Megan W. Murray
Newsletter Editor
Associate
Trenam Law
PO Box 1102 101 E Kennedy Blvd, Suite 2700
Tampa FL
33601-1102
(813) 227-7414

Mr. David E. Levy
Communications Manager
Vice President
NRC Realty & Capital Advisors, LLC
350 W. Ontario, 4th Floor
Chicago IL
60654-6933
(312) 278-6870

Mr. Michael A. Rosow
Education Director
Shareholder
Winthrop & Weinstine, PA
225 S 6th St Ste 3500
Minneapolis MN
55402-4629
(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
10038-1619
(212) 863-8469