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Real Estate Cases
Will bankruptcy courts stay enforcement of springing guaranties post confirmation? The need for one impaired class: should impairment be per case or per debtor? Separate classification of mortgage deficiency claims. New value plans: compare In re Global Ocean Carriers Limited to In re Beal Bank. Does the Till interest rate apply in commercial real estate cases? Indubitable equivalent plans in the real estate context. Implications of RadLAX.
Avoidance Actions (In re TOUSA Inc.)
Has TOUSA changed the legal standard for what is reasonably equivalent value? What is the fate of affiliate guarantees? Do lenders now need to investigate the use of the loan proceeds?
The Stern Wars
Should Stern be applied under a broad or narrow interpretation? Compare In re Bellingham with In re Direct Response Media Inc.
Sales and Executory Contracts
Sales “free and clear”—how far are the courts going under current law, including sales involving IP and patent licenses? Is Precision Industries still alive and well?
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