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HTMLBROKEn Promises: 3 Signs your Tenant may be Going Bankrupt
Gregory A. Liakopoulos, Alexis E. Teasdale; Bennett Jones LLP;
Legal Alert/Article
January 20, 2015, previously published on August 19, 2014
The bankruptcy of a tenant is disruptive and may be confusing to a landlord; however, arming yourself with knowledge of some warning signs of financial distress and an understanding of your basic rights will, along with your trusted legal advisor, help you be prepared in the unlucky event that your...


HTMLBankruptcy Court Finds Debtor Entitled to a "Free House" Because Mortgage Foreclosure Complaint Barred by New Jersey Statute of Limitations
Jarret P. Hitchings, Brett L. Messinger, Stuart I. Seiden; Duane Morris LLP;
Legal Alert/Article
January 19, 2015, previously published on December 16, 2014
Mortgage lenders should be aware of the New Jersey statute of limitations on mortgage foreclosure complaints. In In re Washington, 2014 Bankr. LEXIS 4649 (Bankr. D.N.J. Nov. 5, 2014), the United States Bankruptcy Court for the District of New Jersey held that a mortgagee and its servicer were...


HTMLKentucky Tax Lien Sales and the Curiously Overlooked Foreclosure Action
David Cliffe; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
January 19, 2015, previously published on November 12, 2014
Over the last decade, counties and municipalities throughout the nation have increasingly turned to the practice of supplementing their revenue stream by auctioning off delinquent real estate tax liens to investors, often at discounted prices. The purchasers then attempt to collect on these...


HTMLCity of Lorain, Ohio Will Require Mortgage Lenders to Post $10,000 Cash Bond When Foreclosing Vacant Property
Benjamin Hoen; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
January 19, 2015, previously published on November 12, 2014
The City of Lorain, Ohio has joined the growing number of municipalities to pass ordinances governing the maintenance of vacant residential properties, by creating a vacant property registry. On October 20, 2014, Lorain City Council enacted Chapter 1541 of the Lorain Codified Ordinances, entitled...


HTMLThe U.K. Supreme Court Revisits Equitable Compensation in Commercial Transactions
Sam Rogers; McCarthy Tétrault LLP;
Legal Alert/Article
January 14, 2015, previously published on December 2, 2014
Trusts are widely used in commercial transactions. But, as creatures of equity, trusts raise issues that may not be immediately familiar to everyone who relies on them in the commercial world. Indeed, the interrelationship between equitable doctrines and remedies and common law principles and...


HTMLTrademark Licensees May Be Protected in a Licensor’s Bankruptcy Even After a “Free and Clear” Sale
Eric R. Blythe, Kevin J. Walsh; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 13, 2015, previously published on December 19, 2014
The Bankruptcy Code generally permits intellectual property licensees to continue using licensed property despite a licensor’s bankruptcy filing. However, because the “intellectual property” definition in the Bankruptcy Code does not include “trademarks,” courts have...


HTMLFederal Court Limits Tribe’s, Secretary’s Options When States Balk at Gaming Compact
Christine L. Swanick, Wilda Wahpepah; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 13, 2015, previously published on October 22, 2014
A federal district court in New Mexico has issued a decision finding that the U.S. Department of the Interior’s regulations permitting the Secretary of the Interior to adopt Class III gaming procedures for a tribe lacking a Tribal-State Compact are invalid and violate the Indian Gaming...


Adobe PDFNew Amendments to Federal Rule of Appellate Procedure 6: Appeal in a Bankruptcy
Shannon L.C. Ammon; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
January 12, 2015, previously published on December 2014
On December 1, 2014, amendments to various federal rules of practice and procedure took effect. The only amendment to the Federal Rules of Appellate Procedure made three substantive changes to Rule 6, which deals with bankruptcy appeals: amending Rule 6(b)(2)(A)(ii) to remove any ambiguity...


HTMLRestructurings - Don't Forget the Tax Man
Hayley Capani, Sonia Jordan; Dentons Canada LLP;
Legal Alert/Article
January 10, 2015, previously published on December 11, 2014
When undergoing a restructuring, a borrower/officeholder's main focus is often the company's lenders. However, there are occasions when HMRC's agreement can be just as key to ensuring any process runs smoothly. In this article, Sonia Jordan and Hayley Çapani discuss some key areas where...


HTMLNew Debt Collector Regulations Adopted in New York
Jeffrey Barringer, Laura Greco; McGlinchey Stafford;
Legal Alert/Article
January 6, 2015, previously published on December 5, 2014
On December 3, the New York State Department of Financial Services adopted new regulations that will impose requirements on debt collectors, including debt buyers, in connection with their collection of debts from consumers.


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