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Commercial Real Estate

Major Commercial Real Estate Appellate Victory for LNL

On November 25, 2014, Luper Neidenthal & Logan attorneys won an important decision in the Ohio 10th District Court of Appeals in a hotly-contested, high dollar value (millions) commercial lease case wherein each of LNL’s client’s assignments of error were sustained. The important holdings of the decision are: (1) that a dissolving corporation’s Wind Up […]

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Bankruptcy 3

Creditors Must Be Prudent Handling Discharged Mortgage Debt Obligations

An emerging trend in Bankruptcy law is that debtors’ attorneys are filing class actions against mortgage servicers for violating the discharge injunction codified at § 524 of the Bankruptcy Code. In recent filings, debtors’ attorneys have alleged that: The failure to update a credit report to show that a debt has been discharged is a […]

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chapter 11 bankruptcy

Sixth Circuit Court of Appeals: Individual Chapter 11 Debtors Cannot Retain Pre-Petition Property Pursuant to a Nonconsensual Chapter 11 Plan if Creditors are not Paid in Full

In a recent decision, the United States Court of Appeals for the Sixth Circuit reversed a bankruptcy court decision from the United States District Court for the Eastern District of Tennessee which held that the absolute-priority rule, codified at 11 U.S.C. § 1129(b)(2)(B)(ii), did not apply in light of the 2005 amendments to the Bankruptcy […]

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