Many single asset real estate (SARE) bankruptcies will check some or all of the boxes for a bad faith filing. Nevertheless, courts may be reluctant to dispose of these cases as bad faith filings, ...
Recent Delaware case law clarifies that secured creditors do not lose priority by inaction after default, favoring the “trace and recapture” approach. The court emphasized that rights depend on the ...
April 26, 2023 - A recent decision of the Connecticut District Court awarded post-petition interest at the full default rate to a secured creditor. In Official Committee of Unsecured Creditors of ...
The cases considering this question are Re Pindar Scarborough Ltd (in administration) [2024] EWHC 908 (Ch) (“Pindar”) and Re Toogood International Transport and Agricultural Services Limited (in ...
We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
In Thomson v. Short (In re Short), the Utah bankruptcy court recently adopted the majority position and applied the freeze rule to preserve a secured creditor’s lien priority despite the lapse of that ...
A creditor is any person or organization that lends money or extends credit, expecting to be repaid with interest and fees. Creditors can include banks, credit card companies, hospitals and even ...
Achieve reports on the differences between secured and unsecured loans, highlighting collateral requirements and determining ...
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