Preserving Mechanic’s Lien Rights in Bankruptcy
A mechanic’s lien (called a construction lien in some states) is a powerful tool for contractors, subcontractors, suppliers, and virtually… Read More »
Category: Uncategorized
USSC Reverses First Circuit and holds PROMESA does not abrogate the Board’s Sovereign Immunity
Financial Oversight and Management Board for Puerto Rico v. Centro De Periodismo Investigativo, Inc. Docket: 22-96 Opinion Date: May 11,… Read More »
Can the Government keep tax foreclosure surplus?
Tyler vs Hennepin County, 22-166 (U.S.S.C., Oral Argument Held April 26, 2023) To resolve a split of circuits, the Supreme… Read More »
Another Court Holds that Debts of Corporate Sub V Debtors Can’t Be Nondischargeable
ABI, APRIL 20, 2023 Contrary to the Fourth Circuit, five bankruptcy courts have now held there’s no such thing as… Read More »
NH Supreme Court Rules Pandemic Shutdowns Don’t Qualify for Municipal Tax Abatements
Clearview Realty Ventures, LLC v. City of Laconia; et al. New Hampshire Supreme Court Docket: 2022-0196 Opinion Date: April 18,… Read More »
The First Circuit upholds Arbitration Award in International Distribution Contract Dispute
The First circuit upholds arbitration award in international contract dispute. In Ribadeneira v New Balance Athletics, Inc. (U.S.C.A. No. 21-1831,… Read More »
Chapter 13 Debtors Need to Know Whether They Lose Appreciation When They Sell a Home–Rochelle’s Daily Wire, American Bankruptcy Institute
In re Robinson, 18-31989 (Bankr. E.D. Va., March 17, 2023) According to Bill Rochelle (ABI’s Editor-at-Large), Congress desperately needs to… Read More »
Consent/Authority to File Bankruptcy: Creditor’s “Blocking Provision” Unenforceable without Equity Interest in LLC
Holding a pledge of the owner’s interest in a limited liability corporation, coupled with an agreement not to… Read More »
Navigating the Complexities of Section 363 Bankruptcy Sales
I recently presented “Navigating the Complexities of Section 363 Bankruptcy Sales” for National Business Institute, which you can now watch… Read More »
DocuSign Not Permitted Absent Existence of the Document with an Original, Manual Signature
Given the ease with which an electronic signature can be forged, an affidavit is not admissible if the affiant’s signature… Read More »
