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Liens

Lathrop GPM

Utah Bankruptcy Court Applies “Freeze Rule” to Preserve Secured Creditor’s Lien Priority When Financing Statement Lapses...

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Pursuant to Uniform Commercial Code (UCC) § 9-515(c), a UCC-1 financing statement filed to perfect a secured party’s lien on personal property collateral lapses five years from the filing date unless the secured creditor...more

Epiq

When Treatment Costs Exceed Settlements

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Navigating the complex landscape of lien resolutions in mass torts is a challenge for both plaintiffs’ and defense attorneys. One of the biggest hurdles is complying with federal and state regulations to resolve health care...more

Kerr Russell

Five Things to Know About the Owner’s Affidavit in Real Estate Transactions

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In real estate transactions, one of the most important documents a seller will execute is the “Owner’s Affidavit” (also sometimes called a “Seller’s Affidavit” or “Affidavit of Title”). Often, purchase agreements require the...more

Jones Day

New York Bankruptcy Court Adopts "Realistic Possibility" Standard for Free and Clear Sales Under 11 U.S.C § 363(f)(5)

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Section 363(f)(5) of the Bankruptcy Code allows a bankruptcy trustee to sell estate property free and clear of any competing interest in the property (such as a lien or other security interest) if the interest holder "could...more

Jones Day

Secured Lenders Win Victory in Sanchez Bankruptcy

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The Ad Hoc Group of Senior Secured Noteholders and DIP Lenders (the "Ad Hoc Group") obtained a unanimous judgment in their favor in an appeal following Sanchez Energy Company's long-running, hard-fought bankruptcy case. Once...more

Gray Reed

Lien and Bond Claims in August 2025: Dates to Remember

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Use this guide as a reference when filing lien and bond claim notices for the month of August. Be sure to subscribe to the Texas Construction Law Blog to automatically receive our monthly lien and bond guides, as well as...more

Conn Kavanaugh

Understanding Mechanic’s Liens in Massachusetts: What Property Owners and Contractors Need to Know

Conn Kavanaugh on

Whether you’re a homeowner, contractor, or subcontractor working on a construction project in Massachusetts, it’s important to understand how mechanic’s liens work. This legal tool plays a key role in ensuring that those who...more

Blake, Cassels & Graydon LLP

Shimco Lien Reaffirmed: B.C. Court of Appeal Clarifies Dual-Lien Structure Under the Builders Lien A

In Kingdom Langley Project Ltd. Partnership v. WQC Mechanical Ltd. (Kingdom Langley), the British Columbia Court of Appeal reaffirmed the validity of what are commonly referred to as “Shimco liens.” Shimco liens are liens...more

Cadwalader, Wickersham & Taft LLP

I’m Still Standing – Yeah, Yeah, Yeah: Wilmington Savings Fund Society v. Tamisi

In Wilmington Savings Fund Society v. Tamisi, the U.S. District Court for the Eastern District of New York upheld a bankruptcy court’s ruling that Wilmington lacked the necessary standing to enforce a mortgage lien, thereby...more

Blake, Cassels & Graydon LLP

The B.C. Commercial Liens Act: Unifying and Modernizing

British Columbia’s new Commercial Liens Act (Act) comes into force on June 30, 2025. This new legislation brings substantial changes to the law governing liens, intending to reduce the risks and costs for service providers...more

Gray Reed

Lien and Bond Claims in July 2025: Dates to Remember

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Use this guide as a reference when filing lien and bond claim notices for the month of July.Be sure to subscribe to the Texas Construction Law Blog to automatically receive our monthly lien and bond guides, as well as other...more

Offit Kurman

Acquisition Strategies: Navigating Section 363 Sales and the Impact of Undersecured Liens

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Section 363 of the Bankruptcy Code allows a Chapter 11 debtor to sell assets "free and clear" of existing claims, liens, encumbrances, and other liabilities. This provision facilitates expedited sales that might otherwise be...more

Porter Hedges LLP

Construction Law Update from the 89th Texas Legislature Regular Session

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The Texas Legislature is currently in session and is scheduled to adjourn on June 2, 2025. Porter Hedges is actively monitoring any legislation that influences Texas construction law and impacts construction projects,...more

Troutman Pepper Locke

Navigating Jurisdictional Pitfalls: Lessons From Global One Media, Inc. v. Newtek Small Business Finance, LLC on Lien Filing...

Troutman Pepper Locke on

The Ninth Circuit Bankruptcy Appellate panel recently reaffirmed the longstanding principle that a UCC-1 financing statement securing personal property must be filed at the debtor’s location. In a recent case, the lender did...more

Loeb & Loeb LLP

SDNY Bankruptcy Court Explains Differences Between Preferential Judicial Liens v. Statutory Liens

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In Firstbase.io, Inc. v. Harbor Business Compliance Corporation, No. 24-04043, 2025 Bankr. LEXIS 1092 (Bankr. S.D.N.Y.), the U.S. Bankruptcy Court for the Southern District of New York found that a judgment execution lien...more

Gray Reed

Lien and Bond Claims in June 2025: Dates to Remember

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Use this guide as a reference when filing lien and bond claim notices for the month of June. Be sure to subscribe to the Texas Construction Law Blog to automatically receive our monthly lien and bond guides, as well as other...more

Holland & Knight LLP

Oil and Gas Counterparty Risk: Dealing with Statutory Mineral Liens

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The legal frameworks governing statutory lien rights of oil and gas trade creditors vary significantly between Texas and Louisiana (as well as among other hydrocarbon-producing states). Material distinctions exist between...more

Stoel Rives -  Ahead of Schedule

Construction Liens in Washington: Essential Knowledge for Construction Professionals

Why Understanding Liens is Important Construction liens are a critical aspect of the construction industry, providing security for those who contribute labor, materials, or services to a project. Understanding construction...more

Gray Reed

Lien and Bond Claims in May 2025: Dates to Remember

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Use this guide as a reference when filing lien and bond claim notices for the month of May....more

Goodwin

California Attorney General Announces Settlement With Realty Company Over Deceptive Contract And Lien Practices

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On April 4, 2025, the California Attorney General announced that it had reached a settlement with a California-based realty company concerning claims that the company had violated California false advertising, unfair...more

Gray Reed

Lien and Bond Claims in April 2025: Dates to Remember

Gray Reed on

Use this guide as a reference when filing lien and bond claim notices for the month of April. Be sure to subscribe to the Texas Construction Law Blog to automatically receive our monthly lien and bond guides, as well as other...more

Stotler Hayes Group, LLC

Lien on Me – How an Attorney Can Help Secure Your Debt

Too often creditors are faced with accounts that are seemingly uncollectable. If the debtor had money on hand to pay, presumably they would not have incurred the debt at all, right? Especially in the realm of medical debt,...more

Eversheds Sutherland (US) LLP

In re Urban Commons 2 West LLC (Bankr. SDNY Mar. 4, 2025)

Bankruptcy Court Elects to Follow Majority Interpretation of 11 U.S.C. § 363(f)(5) On March 4, 2025, the United States Bankruptcy Court for the Southern District of New York (the Bankruptcy Court) issued a significant...more

Gray Reed

Lien and Bond Claims in March 2025: Dates to Remember

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Use this guide as a reference when filing lien and bond claim notices for the month of March. Be sure to subscribe to the Texas Construction Law Blog to automatically receive our monthly lien and bond guides, as well as other...more

Gray Reed

Timing Matters: Deadlines for Filing a Texas Mineral Lien Under Chapter 56

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Not all liens are created equal. The most commonly discussed lien is related to construction improvements under Chapter 53 of the Texas Property Code. For those in the oil & gas/energy segment lien rights exist under Chapter...more

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