Searching Content indexed under Insolvency/Bankruptcy by Lowndes, Drosdick, Doster, Kantor & Reed, P.A. ordered by Published Date Descending.
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Six Tips For Lenders Foreclosing A Shopping Center
Shopping centers across the country still face significant financial struggles as a consequence of the recent recession, the increasing market share of online retailers, and the relatively high price
United States
30 Jan 2019
Not So High on Bankruptcy – Limited Options For Medical Marijuana Companies Facing Insolvency
It may be hard to believe, but it's been 22 years since California became the first state to permit the legal use of medical marijuana.
United States
13 Nov 2018
Iconic Sears Files For Bankruptcy. Will Your Business Be Impacted?
Sears (Sears Holdings Corporation) filed for bankruptcy protection under Chapter 11 in the Southern District of New York on Monday.
United States
17 Oct 2018
Treatment Of IP Licenses In Bankruptcy
If the debtor is the licensee and rejects the license, then the licensor's remedy is to file a claim in the bankruptcy for any damages.
United States
27 Feb 2018
For Closure In Foreclosure: Appellate Court Restores Lis Pendens Protections In Do-Ober Decision
The tides have turned in Ober v. Town of Lauderdale-By-The-Sea as the Fourth District Court of Appeal recently reversed its decision and revived the full impact of Florida's lis pendens statute.
United States
8 Feb 2017
Surviving The Zombie [Foreclosure] Apocalypse
"BEWARE REAL PROPERTY LITIGATORS" warns a former chair of the Real Property, Probate and Trust Law Section of the Florida Bar.
United States
26 Sep 2016
Too Late To Foreclose?
As many lenders know, Florida has a five year statute of limitations for mortgage foreclosures.
United States
5 Jan 2015
Reconciling Section 365(h) Of The Bankruptcy Code With Sections 363(f) And 544(a)
When one thinks of the treatment of a lease in bankruptcy, it is usually 11 U.S.C. § 365 that first comes to mind. Section 365 specifically authorizes the trustee to assume or reject an unexpired lease.
United States
16 Apr 2014
Stockholder Held Personally Liable For Failure Of Insolvent Company To Pay Federal Taxes
A recent bankruptcy case, United States v. Sperry, 2013 WL 1768664 (S.D.Ind. 2013) highlights a problem faced by managers of failing businesses.
United States
6 Feb 2014
The Florida Fair Foreclosure Act (House Bill 87): Relevant Changes To Commercial Real Estate Foreclosures
On Friday, June 7, 2013, Governor Rick Scott signed The Florida Fair Foreclosure Act, which made many substantive changes to how foreclosures must be conducted in the state.
United States
14 Jun 2013
The Advantages Of Purchasing Property From A Bankruptcy
A trustee or debtor in bankruptcy may sell the bankrupt debtor’s property with bankruptcy court approval under §363 of the Bankruptcy Code.
United States
23 May 2013
Do You Have A Contract With A Debtor in Bankruptcy?
Section 365 of the Bankruptcy Code allows a debtor in bankruptcy (with the permission of the bankruptcy court) to either assume or reject a partially performed contract or lease to which it is a party at the time of the bankruptcy filing.
United States
21 Mar 2013
Collateral Granted By Subsidiaries To Secure Parent's Debts Is Avoided In Bankruptcy: A Cautionary Lesson For Lenders
TOUSA was a homebuilder that invested in a joint venture known as Transeastern in 2005. Transeastern borrowed $560 million in a syndicated loan from certain lenders ("Transeastern Lenders").
United States
6 Dec 2012
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