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Hudson Cook, LLP

Creditors' Rights and the Constitution: A Difficult (But Not Impossible) Connection to Make

Hudson Cook, LLP on

You may not associate creditors' rights with the United States Constitution. After all, when people think of constitutional rights, they generally think of free speech, freedom of the press, trial by jury, etc. The...more

Troutman Pepper Locke

Bankruptcy Court Holds Title Holder Consent Is Enough to Give Collateral Rights to Debtor to Grant Liens

Troutman Pepper Locke on

On April 28, the U.S. Bankruptcy Court for the N.D. of Oklahoma in Kirtley v. Mabrey Bank (In re Rudick) held that an entity other than the debtor may grant a lien on the debtor’s property, affirming the legal standard that...more

Husch Blackwell LLP

Advancing Agriculture: Security Interests and Article 9 Challenges (Part 2)

Husch Blackwell LLP on

In the second installment of this two-part series, Husch Blackwell's Elizabeth Benefield & Stephanie Kaiser will discuss security interests in agricultural lending and some of the issues a creditor may face in these areas....more

Smith Debnam Narron Drake Saintsing & Myers,...

Mobile Homes and Real Property: A Strained Relationship

Smith Debnam Narron Drake Saintsing & Myers,... on

Since the invention of the mobile home, everyone has struggled with the relationship these homes have to real property. Is the mobile home part of the real property? Is it personal property and if so, when and how does it...more

Harris Beach PLLC

Negative Pledge Pros and Cons

Harris Beach PLLC on

Does a Lender really get any protection from a Negative Pledge provided by a Borrower? In some situations where a Lender would like to have security for its loan but the Borrower cannot, or will not, grant a mortgage or...more

Troutman Pepper

Manufactured Home Lien: Forget Perfection, You Need To Have A Lien In The First Place

Troutman Pepper on

Morris v. Ark Valley Credit Union (In re Gracy), 522 B.R. 686 (Bankr. D. Kan. 2015) – A chapter 7 trustee sought to avoid a credit union’s security interest in a manufactured home by asserting his strong arm powers as a...more

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