News & Analysis as of August 16, 2025

Bankruptcy Code

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The term "mortgage" typically refers to a mortgage loan. A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +

Just When You Thought You Knew Bankruptcy Rule 3002.1: 5 Critical Changes Are Coming

Bradley Arant Boult Cummings LLP on 8/5/2025

Are you and your institution ready for the Bankruptcy Rule 3002.1 amendments? Amendments to Bankruptcy Rule 3002.1 are scheduled to take effect on December 1, 2025. These amendments address notices relating to claims secured...more

Second Circuit Holds Trustee’s Recovery of Fraudulent Transfer Is Not Double Recovery

Herbert Smith Freehills Kramer on 8/28/2019

In Jones v. Brand Law Firm, P.A. (In re Belmonte), Case No. 18-2098-bk (2d Cir. July 25, 2019), the Second Circuit affirmed both the bankruptcy court and district court decisions that found the Trustee was not barred by 11...more

Eroding the Majority Rule: Another Circuit Concludes That Lease Can Be Extinguished in Free-and-Clear Bankruptcy Sale

Jones Day on 10/4/2017

The ability of a trustee or chapter 11 debtor-in-possession ("DIP") to sell bankruptcy estate assets "free and clear" of competing interests in the property has long been recognized as one of the most important advantages of...more

Two Recent Decisions Demonstrate Continued Disagreement Over Whether Economic Value or Face Amount of Liens Is Appropriate Metric...

Jones Day on 8/15/2017

The ability of a trustee or chapter 11 debtor in possession ("DIP") to sell bankruptcy estate assets "free and clear" of liens on the property under section 363(f) of the Bankruptcy Code has long been recognized as one of the...more

Texas Supreme Court Holds that Individual Beneficiary Had Standing to Bring a Legal Malpractice Claim Involving a Loan From an...

Winstead PC on 6/1/2016

On May 27, 2016, the Texas Supreme Court held that an individual beneficiary of a self-directed retirement account managed by a corporate trustee had standing to bring legal malpractice claims against a law firm based on...more

Settlement Proceeds: When Does Cash Become Quasi Real Estate?

Troutman Pepper on 9/2/2015

Farmer v. Citizens Nat’l Bank of Athens (In re Davis), 528 B.R. 757 (Bankr. E.D. Tenn. 2015) – A chapter 7 trustee sought a court determination that the trustee had a superior claim to settlement proceeds arising from...more

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