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May 27, 2020
by Shirley Palumbo, Greenspoon Marder LLP There is a trend in bankruptcy courts across the nation of distinguishing between impairment resulting from a plan and impairment caused by statute.  Depending on the interpretation given by the bankruptcy court, a post-petition interest rate in unsecured contract claims against solvent chapter 11 estates may restrict a creditor’s...
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The Uniform Commercial Real Estate Receivership Act: A solution for creditors concerned about the expected flood of commercial foreclosure filings and the resulting delays in the resolution of real property disputes. By Kenneth Dante Murena and Zachary Hyman As more businesses struggle to continue operations and meet financial obligations, mortgage defaults are likely to surge resulting in...
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