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|BROKEn Promises: 3 Signs your Tenant may be Going Bankrupt|
Gregory A. Liakopoulos, Alexis E. Teasdale; Bennett Jones LLP;
January 20, 2015, previously published on August 19, 2014The 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...
|Bankruptcy 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;
January 19, 2015, previously published on December 16, 2014Mortgage 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...
|Kentucky Tax Lien Sales and the Curiously Overlooked Foreclosure Action|
David Cliffe; Weltman, Weinberg & Reis Co., L.P.A.;
January 19, 2015, previously published on November 12, 2014Over 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...
|City 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.;
January 19, 2015, previously published on November 12, 2014The 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...
|The U.K. Supreme Court Revisits Equitable Compensation in Commercial Transactions|
Sam Rogers; McCarthy Tétrault LLP;
January 14, 2015, previously published on December 2, 2014Trusts 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...
|Trademark 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.;
January 13, 2015, previously published on December 19, 2014The 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...
|Federal Court Limits Tribe’s, Secretary’s Options When States Balk at Gaming Compact|
Christine L. Swanick, Wilda Wahpepah; Sheppard, Mullin, Richter & Hampton LLP;
January 13, 2015, previously published on October 22, 2014A 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...
|New Amendments to Federal Rule of Appellate Procedure 6: Appeal in a Bankruptcy|
Shannon L.C. Ammon; Schnader Harrison Segal & Lewis LLP;
January 12, 2015, previously published on December 2014On 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...
|Restructurings - Don't Forget the Tax Man|
Hayley Capani, Sonia Jordan; Dentons Canada LLP;
January 10, 2015, previously published on December 11, 2014When 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...
|New Debt Collector Regulations Adopted in New York|
Jeffrey Barringer, Laura Greco; McGlinchey Stafford;
January 6, 2015, previously published on December 5, 2014On 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.