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Searching Content indexed under Insolvency/Bankruptcy by Ward and Smith, P.A. ordered by Published Date Descending.
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What Happens To My Lease In Bankruptcy?
What happens to your lease if the lessee files bankruptcy? And what must be done if your lessee wants to continue to honor your lease despite the bankruptcy?
United States
7 Aug 2019
2
Supreme Court: Rejection Of A Trademark License By A Bankrupt Licensor Doesn't Terminate The License
Can the licensor unilaterally terminate your license and prohibit you from using the license – even if you're in the middle of a long-term contract and you are complying with the deal? Many
United States
25 Jul 2019
3
Supreme Court Sets Standard For Bankruptcy Discharge Violations
When your customer is in bankruptcy, there are two major no-nos that you must remember.
United States
9 Jul 2019
4
Fourth Circuit Provides Relief To Chapter 13 Debtors For Some Underwater Mortgages
In a victory for Chapter 13 debtors, the United States Court of Appeals for the Fourth Circuit recently issued a major decision that changes the way bankruptcy courts
United States
19 Jun 2019
5
Bankruptcy Discharge Of Debts For Willful And Malicious Injury
A recent article addressed the general issue of discharging debts in bankruptcy and various grounds for excepting debts from discharge in Chapter 7
United States
12 Jun 2019
6
Will My Judgment Get Discharged In Bankruptcy?
A debtor who files Chapter 7 does so with the presumption that all his or her debts will be forgiven or "discharged." But what about the dishonest debtor? How dishonest can a debtor be before their discharge is denied? And what can or should a creditor do
United States
31 May 2019
7
Are The Bankruptcy Courts Available For The Cannabis Industry?
Since 2012, ten states and the District of Columbia have legalized marijuana for adult recreational use
United States
19 Mar 2019
8
Can I Recover Attorneys' Fees In Bankruptcy?
In SummitBridge National Investments III, LLC v. Faison, the Fourth Circuit held that if a lender's loan documents contain an attorneys' fees provision, then the lender may file a claim
United States
15 Feb 2019
9
When A Chapter 11 Plan Is Absolutely Dead On Arrival
Recently, we discussed In re CHL, a case involving a real estate developer in Chapter 11.
United States
5 Feb 2019
10
You Can't Play Hide-And-Go-Seek In Chapter 11
In a Chapter 11 bankruptcy, the debtor attempts to reorganize its affairs in a Chapter 11 Plan.
United States
15 Jan 2019
11
Like Brangelina, A Promissory Note And Guaranty May Be Separated
Recently, in the case of Emerald Portfolio, LLC v. Outer Banks/Kinnakeet Associates, LLC, the North Carolina Court of Appeals issued an opinion that reaffirms the independent nature of...
United States
2 May 2017
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