Prior to bankruptcy the debtor vacated leased space before the end of the lease term. The landlord filed a proof of claim in the bankruptcy.
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United States: Fourth Circuit Affirms Bank’s Good Faith Defense To Fraudulent Transfer Claim – Hughes Hubbard & Reed LLP
The recipient of funds that a trustee seeks to recover by means of a fraudulent transfer claim may avoid liability by establishing that it took “for value and in good faith”.
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United States: Wrongful Foreclosure: Acting Offensively May Short-Circuit The Need For A Defense – Stites & Harbison PLLC
In recent years, lenders have been forced to defend a record number of so-called “wrongful foreclosure” lawsuits.
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United States: Seventh Circuit Court Of Appeals Reverses District Court, Follows Trend Of Applying Bankruptcy Code Safe Harbors Literally And Expansively – Reed Smith
The debtor was an investment management company that served as a discretionary investment advisor with respect to assets deposited with it by its customers.
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United States: Recent Illinois Foreclosure Decisions Favor Lenders – Holland & Knight
Since 2008, lenders in Illinois have faced heightened scrutiny and a sharp rise in lender liability claims.
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United States: Landlord Lease Claims: Avoiding The Statutory Cap – Round 1 – Pepper Hamilton LLP
The debtor objected to an amended proof of claim filed by its landlord, arguing that the claim exceeded the statutory limit.
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